30:0453(57)CA - VA, Washington, DC and VA Regional Office, Milwaukee, WI and NFFE Local 3 -- 1987 FLRAdec CA



[ v30 p453 ]
30:0453(57)CA
The decision of the Authority follows:


30 FLRA No. 57

VETERANS ADMINISTRATION,
WASHINGTON, D.C. and VETERANS
ADMINISTRATION REGIONAL OFFICE,
MILWAUKEE, WISCONSIN

                   Respondent

         and

NATIONAL FEDERATION OF
FEDERAL EMPLOYEES, LOCAL 3

                   Charging Party

Case No. 5-CA-70212

DECISION AND ORDER

I. Decision

The Administrative Law Judge issued the attached decision in this case, finding that the Respondent had engaged in the unfair labor practices alleged in the complaint by refusing to furnish, upon request of the Charging Party, the names and home addresses of bargaining unit employees. The Judge granted the General Counsel's notion for summary judgment and recommended that the Respondent be ordered to take appropriate remedial action. The Respondent filed exceptions to the Judge's decision and the General Counsel filed an opposition to those exceptions.

Pursuant to section 2423.29 of our Regulations and section 7118 of the Federal Service Labor - Management Relations Statute (the Statute), we have reviewed the rulings of the Judge made in his decision and find that no prejudicial error was committed. The rulings are affirmed. upon consideration of the Judge's decision and the entire record, we adopt the Judge's findings, conclusions and recommended Order. See United States Department of Health and Human Services, Social Security Administration v. FLRA, Nos. 87-3513(L), 87-3514, 87-3515 (4th Cir. Nov. 25, 1987), affirming Department of Health and Human Services, Social Security Administration, 24 FLRA 543 (1986); Department of Health and Human Services, Social Security Administration [PAGE] and Social Security Administration Field Operations New York Regions, 24 FLRA 583 (1986); Department of Health and Human Services, Social Security Administration, 24 FLRA 600 (1986)

II. Order

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the statute, the Veterans Administration, Washington, D.C. and the Veterans Administration Regional Office, Milwaukee, Wisconsin, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the National Federation of Federal Employees, Local 3, the agent for the exclusive representative of a unit of its employees, the names and home addresses of all unit employees located at the Veterans Administration Regional Office, Milwaukee, Wisconsin.

(b) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of the rights assured them by the Statute.

2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute:

(a) Furnish the National Federation of Federal Employees, Local 3, the agent for the exclusive representative of a unit of its employees, with the names and home addresses of all unit employees located at the Veterans Administration Regional Office, Milwaukee, Wisconsin.

(b) Post at the Veterans Administration Regional Office, Milwaukee, Wisconsin, copies of the attached Notice on forms to be furnished by the Federal Labor Relations Authority. Upon receipt of such forms, they shall be signed by the Director of the Veterans Administration Regional Office, Milwaukee, Wisconsin, and shall be posted in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted, and shall be maintained for 60 consecutive days thereafter. Reasonable steps shall be taken to ensure that such notices are not altered, defaced, or covered by any other material. [ v30 p2 ]

(c) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Region V, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order as to what steps have been taken to comply.

Jerry L. Calhoun, Chairman

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY [ v30 p3 ]

                       NOTICE TO ALL EMPLOYEES
        AS ORDERED BY THE FEDERAL LABOR RELATIONS AUTHORITY
               AND TO EFFECTUATE THE POLICIES OF THE
         FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE
                   WE NOTIFY OUR EMPLOYEES THAT:

WE WILL NOT refuse to furnish, upon request of the National Federation of Federal Employees, Local 3, the agent for the exclusive representative of certain of our employees, the names and home addresses of all unit employees located at the Veterans Administration Regional Office, Milwaukee, Wisconsin.

WE WILL NOT, in any like or related manner, interfere with, restrain, or coerce our employees in the exercise of their rights assured them by the Federal Service Labor - Management Relations Statute.

WE WILL furnish the National Federation of Federal Employees, Local 3, the agent for the exclusive representative of a bargaining unit of certain of our employees, the names and home addresses of all unit employees located at the Veterans Administration Regional Office, Milwaukee, Wisconsin.

                             _______________________________
                                       (Activity)

Dated:___________________ By:_______________________________
                               (Signature)         (Title)

This Notice must remain posted for 60 consecutive days from the date of posting, and must not be altered, defaced, or covered by any other material.

If employees have any questions concerning this Notice or compliance with its provisions, they may communicate directly with the Regional Director, Region V, Federal Labor Relations Authority, whose address is: 175 West Jackson Blvd., Suite 1359-A, Chicago, Illinois 60604 and whose telephone number is: (312) 353-6306. [PAGE]

VETERANS ADMINISTRATION,
WASHINGTON, D.C. and
VETERANS ADMINISTRATION
REGIONAL OFFICE,
MILWAUKEE, WISCONSIN

              Respondent

    and

NATIONAL FEDERATION OF
FEDERAL EMPLOYEES, LOCAL 3

              Charging Party

Case No. 5-CA-70212

Christina M. Langer, Esq.
         For the Respondent

Sharon A. Bauer, Esq.
         For the General Counsel

Before: WILLIAM NAIMARK
    Administrative Law Judge

DECISION

Statement of the Case

This case arose under the Federal Service Labor - Management Relations Statute, 5 U.S.C. 7101, et seq., (herein called the Statute).

Unfair labor practice charges having been filed by the National Federation of Federal Employees, Local 3 (herein called the Union) against Veterans Administration, Washington, D.C. and Veterans Administration Regional Office, Milwaukee, Wisconsin (herein collectively called the Respondent), a Complaint and Notice of Hearing was issued on April 23, 1987 by the Regional Director for the Federal Labor Relations Authority, Region V against Respondent. [PAGE]

The Complaint alleged that Respondent violated Section 7116(a)(1), (5) and (8) of the Statute by refusing to provide the Union, upon request, the names and home addresses of employees in the bargaining unit represented by the Union.

Respondent's Answer, filed on May 14, 1987, admitted all the factual allegations in the Complaint except it denied that Respondent refused to provide the names of the bargaining unit employees. The said Answer a erred that Respondent did furnish the union a list of names with corresponding work department of bargaining unit employees. It also denied the commission of unfair labor practices as alleged. 1

On May 26, 1987 General Counsel filed a motion for Summary Judgment with the Chief Administrative Law Judge, together with a supporting memorandum of law. 2 A brief in opposition to the Motion was filed by Respondent on June 1, 1987 setting forth its contention and legal defenses.

The Motion was duly assigned to the undersigned for disposition. Based on the allegations in the Complaint and on the Answers herein, the undersigned makes the following:

Findings of Fact

1. At all times material herein the Council of Veterans Administration Locals, National Federation of Federal Employees, Independent (Council), and National Federation of Federal Employees, Local 3 have been labor organizations within the meaning of Section 7103(a)(4) of the Statute.

2. At all times material herein the Council has been, and still is, the certified exclusive representative of a consolidated unit of nonprofessional employees of Respondent, including, inter alia, nonprofessional employees of Respondent at its Regional Office in Milwaukee, Wisconsin with specified exclusions from said unit. [ v30 p2 ]

3. At all times material the Union has been a constituent entity within the Council, and it has been an agent of the Council with respect to the nonprofessional employees of Respondent at its Regional Office in Milwaukee, Wisconsin.

4. On or about February 5, 1987 the Union requested that Respondent, by its representative Cheryl R. Young, furnish the names and home addresses of all bargaining unit employees who were employed at the Regional Office in Milwaukee, Wisconsin.

5(a). The information requested in paragraph 4 above is maintained by Respondent in the regular course of business.

(b). The information requested in paragraph 4 above is reasonably available and necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining.

(c). The information requested in paragraph 4 above does not constitute guidance, advice, counsel or training provided for management officials or supervisors relating to collective bargaining.

6. Since on or about February 9, 1987 Respondent, by its agent and representative Cheryl R. Young, has failed and refused to furnish the Union the requested information referred to in paragraph 4 above.

Conclusions

Respondent denies it has violated the Statute by failing and refusing to provide the Union with the names and home addresses of bargaining unit employees. It contends in the main that (a) the information is protected from disclosure by the privacy exemption of the FOIA, 5 U.S.C. 552(b)(6); (b) home addresses are not disclosable under OPM's "routine use" provision for routine disclosure of job-related-information concerning federal employees to unions; (c) names and addresses are not "data" related to collective bargaining; (d) disclosure is not necessary under 7114(b)(4) since alternative measures exist for the Union to communicate with unit employees.

The facto herein, as well as the contentions raised by Respondent, are substantially the same as were present in Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA 788 (1986). The Authority held therein that said contentions were without merit. Accordingly, the [ v30 p3 ] undersigned concludes that Respondent was obliged under Section 7114(b) of the statute to furnish the names and addresses to the Union herein.

On the basis of the foregoing, it is further concluded that Respondent's refusal and failure to furnish the requested information violated Section 7116(a)(1), (5) and (8) of the Statute. The General Counsel's Motion for Summary Judgment is granted, and the undersigned recommends the Authority issue the following:

ORDER

Pursuant to section 2423.29 of the Rules and Regulations of the Federal Labor Relations Authority and section 7118 of the Statute, the Authority hereby orders that the Veterans Administration, Washington, D.C. and Veterans Administration Regional Office, Milwaukee, Wisconsin, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the National Federation of Federal Employees, Local 3, the exclusive representative of its nonprofessional employees, the names and addresses of all its unit employees at the Veterans Administration Regional Office, Milwaukee, Wisconsin.

(b) In any like or related manner, interfering with, restraining or coercing its employees in the exercise of rights assured by the Statute.

2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute.

(a) Furnish the National Federation

of Federal Employees, Local 3, the exclusive representative of its nonprofessional employees, with the names and home addresses of all unit employees at the Veterans Administration Regional office, Milwaukee, Wisconsin.

(b) Post at its facilities where bargaining unit employees represented by National Federation of Federal Employees, [ v30 p4 ] Local 3, are located, copies of the attached Notice on forms %o be furnished by the Federal Labor Relations Authority. Upon receipt of such forms, they shall be signed by the Director of the Veterans Administration Regional Office, Milwaukee, Wisconsin, and shall be posted and maintained for 60 consecutive days thereafter, in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted. Reasonable steps shall be taken to insure that such Notices are not altered, defaced, or covered by any other material.

(d) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Region V, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply herewith.

WILLIAM NAIMARK
Administrative Law Judge

Dated: October 13, 1987
        Washington, D.C.

[ v30 p5 ]

                   NOTICE TO ALL EMPLOYEES
                         PURSUANT TO
                 A DECISION AND ORDER OF THE
               FEDERAL LABOR RELATIONS AUTHORITY
           AND IN ORDER TO EFFECTUATE THE POLICIES OF
                 CHAPTER 71 OF TITLE 5 OF THE
                      UNITED STATES CODE
       FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE
                WE HEREBY NOTIFY OUR EMPLOYEES THAT:

WE WILL NOT refuse to furnish, upon request on the National Federation of Federal Employees, Local 3, the exclusive representative of the nonprofessional employees at the Veterans Administration Regional Office, Milwaukee, Wisconsin, the names and home addresses of all employees in the unit it represents.

WE WILL NOT in any like or related manner, interfere with, restrain, or coerce our employees in the exercise of rights assured by the Federal Service Labor - Management Relations Statute.

WE WILL furnish, upon request, the National Federation of Federal Employees, Local 3, the exclusive representative of the nonprofessional employees at the Veterans Administration Regional Office, Milwaukee, Wisconsin, the names and home addresses of all employees in the unit it represents.

                             _______________________________
                                   (Agency or Activity)

Dated: ________________  By: _______________________________
                                        (Signature)

This Notice must remain posted for 60 consecutive days from the date of posting and must not be altered, defaced or covered by any other material.

If employees have any questions concerning this Notice or compliance with any of its provisions, they may communicate directly with the Regional Director of the Federal Labor Relations Authority, Region V, whose address is: 175 W. Jackson Boulevard, Suite A-1359, Chicago, IL 60604, and whose telephone number in: (312) 353-6306. [PAGE]

FOOTNOTES

Footnote 1 An amended Answer dated May 18, 1987, and a Second Amended Answer da