30:0868(99)CA - Air Force, HQ Armament Division, AFSC, Eglin AFB, FL and AFGE Local 1897 -- 1988 FLRAdec CA



[ v30 p868 ]
30:0868(99)CA
The decision of the Authority follows:


30 FLRA No. 99

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS, ARMAMENT DIVISION
AFSC, EGLIN AIR FORCE BASE, FLORIDA

                 Respondent

       and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1897, AFL-CIO

                 Charging Party

Case No. 4-CA-70220

DECISION AND ORDER

The Administrative Law Judge issued the attached decision in this case, finding that the Department of the Air Force, Headquarters, Armament Division, AFSC, Eglin Air Force Base, Florida (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 motion 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 the Respondent's exceptions.

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor - Management Relations Statute (the Statute), we have reviewed the rulings of the Judge and find that no prejudicial error was committed. The rulings are hereby affirmed. Upon consideration of the Judge's Decision, the exceptions, 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, [PAGE] 24 FLRA 543 (1986); Department of Health and Human Services. Social Security Administration and Social Security Administration Field Operations, New York Region, 24 FLRA 583 (1986); Department of Health and Human Services, Social Security Administration, 24 FLRA 600 (1986).

ORDER

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor - Management Relations Statute, the Department of the Air Force, Headquarters, Armament Division, AFSC, Eglin Air Force Base, Florida shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, Local 1897, AFL - CIO, the exclusive representative of certain of its employees, the names and home addresses of all employees in the appropriated fund and the nonappropriated fund bargaining units it represents.

(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 American Federation of Government Employees, Local 1897, AFL - CIO with the names and home addresses of all employees in the appropriated fund and the nonappropriated fund bargaining units it represents.

(b) Post at its facilities where bargaining unit employees represented by the American Federation of Government Employees, Local 1897, AFL - CIO are located, 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 Commanding officer 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 IV, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order as to what steps have been taken to comply.

Issued, Washington, D.C., January 11, 1988.

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 American Federation of Government Employees, Local 1897, AFL - CIO, the exclusive representative of certain of our employees, the names and home addresses of all employees in the appropriated fund and the nonappropriated fund bargaining units it represents.

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

WE WILL furnish the American Federation of Government Employees, Local 1897, AFL - CIO with the names and home addresses of all employees in the appropriated fund and the nonappropriated fund bargaining units it represents.

                               ____________________________
                                      (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 IV, Federal Labor Relations Authority, whose address is: 1371 Peachtree Street, N.E., Suite 736, Atlanta, Georgia 30367 and whose telephone number is: (404) 347-2324. [PAGE]

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS, ARMAMENT
DIVISION, AFSC, EGLIN AIR
FORCE BASE, FLORIDA

              Respondent

    and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
LOCAL 1897, AFL-CIO

              Charging Party

Case No. 4-CA-70220

Major Steven E. Sherwood, Esquire
         For the Respondent

Linda J. Norwood, Esquire
         For the General Counsel, FLRA

Before:  GARVIN LEE OLIVER
         Administrative Law Judge

DECISION

Statement of the Case

This decision concerns an unfair labor practice complaint issued by the Regional Director, Region IV, Federal Labor Relations Authority, Atlanta, Georgia against Department of the Air Force, Headquarters, Armament Division, AFSC, Eglin Air Force Base, Florida, (Respondent), based on a charge filed by the American Federation of Government Employees, Local 1897, AFL - CIO (Charging Party or Union). The complaint alleged, in substance, that Respondent violated sections 7116(a)(1), (5) and (8) of the Federal Service Labor - Management Relations Statute, 5 U.S.C. 7101 et seq. (the Statute), by refusing to furnish the Union upon request, pursuant to section 7114(b)(4) of the Statute, with the names and home addresses of all bargaining unit employees represented by the Union. [PAGE]

Respondent filed an answer, and the parties subsequently agreed to a stipulation of facts. On or about July 1, 1987, Counsel for the General Counsel moved for summary judgment and submitted a supporting brief. The Regional Director transferred the notion to the Chief Administrative Law Judge, pursuant to section 2423.22(b)(1) of the Regulations, and it was assigned to the undersigned for disposition pursuant to section 2423.19(k) and section 2423.22(b)(3) of the Regulations. Respondent served its opposition and a cross-motion for summary judgment with supporting authorities on August 20, 1987. The General Counsel served an opposition to Respondent's notion on August 31, 1987.

Based upon the pleadings, the stipulation of facts, and the briefs, I make the following findings of fact, conclusions of law, and recommendations.

Findings of Fact

1.

At all times material herein, the Union has been and is now a labor organization within the meaning of Section 7103(a)(4) of the Statute.

2.

(a) At all times material herein, the Department of Defense has been and is now an agency within the meaning of Section 7103(a)(3) of the Statute.

(b) At all times material herein, the Department of the Air Force has been and is now a primary national subdivision of the Department of Defense within the meaning of 2421.5 of the Authority's Rules and Regulations, as amended.

(c) At all times material herein, the Headquarters Armament Division, AFSC, Eglin Air Force Base, has been and remains an activity of the Department of Defense within the meaning of Section 2421.5 of the Authority's Rules and Regulations, as amended.

3.

(a) At all times material herein, the Union has been and is now the exclusive representative of certain appropriated fund employees of Respondent, in a bargaining unit more fully set forth and described in a collective [ v30 p2 ] bargaining agreement between the Union and Respondent which is effective by its terms from on or about November 14, 1984, for a two-year period and thereafter was automatically renewed for an additional two-year period.

(b) At all times material herein, the Union has been and is now the exclusive representative of certain nonappropriated fund employees of Respondent, in a bargaining unit more fully set forth and described in a collective bargaining agreement between the Union and Respondent which is effective by its terms from on or about January 2, 1980 which has been periodically renewed and is currently in effect.

4.

At all times material herein, the following individuals have occupied the positions set forth opposite their respective names and as such have been and are now supervisors and/or management officials within the meaning of Section 7103(a)(10) and (11), of the Statute, and/or are agents of Respondent at its Eglin Air Force base, Florida facility.

  Douglas C. Halvorson . . . . Labor Relations Officer
                                 Eglin Air Force Base, FL

  Andrew T. Southam  . . . . . Labor Relations Officer
                                 Eglin Air Force Base, FL

5.

(a) By letters dated November 10, 1986 and December 30, 1986, the Union, by Union President Thomas H. Newberry, Sr., (Newberry) made written requests to Respondent, via Douglas C. Halvorson, for the names and home addresses of Union bargaining unit employees as described in paragraph 3 above.

(b) By letter dated December 31, 1986, Respondent, by Andrew T. Southam, denied the Union's request for the information.

6.

The information requested by the Union is not guidance, advice, counsel or training for management officials or supervisors, relating to collective bargaining. [ v30 p3 ]

7.

The Union requested the information to carry out its representational duties and administer the collective bargaining agreement.

8.

(a) There is no single record, automatic or manual which identifies bargaining unit status, names and home addresses of civilian employees paid from appropriated funds.

(b) Within the civilian personnel systems of records there are two types of records which would contain a reference to the home addresses of civilian employees paid from appropriated funds. Those records are the Official Personnel Folder (OPF) and the Supervisor's Employee Brief (Form 971). Neither of these records identifies the bargaining unit status of the employees.

(c) The OPF will contain a record of a mailing address for each appropriated fund employee. The address will be found on the application the employee submitted when seeking employment. Additionally, a mailing address may be found on various insurance papers filed in the OPF. There is no requirement, nor is there a practice of updating the mailing addresses of the civilian employees at Eglin AFB.

(d) The Form 971 is a document created for each appropriated fund civilian employee. It is maintained by the immediate supervisor of each employee. The supervisor manually enters the home address of each employee under his/her supervision on to the Form 971. Each employee has a responsibility to inform his/her immediate supervisor of any change in home address. The Form 971 does not reflect the bargaining unit status on any employee.

(e) There is an automated system of records in Respondent's civilian personnel office which contains records of every employee paid from appropriated funds. It is referred to as the "Personnel Data System - Civilian" (PDS - C). That automated system contains, among other things, information concerning the name, social security account number (SSAN), office symbol (work location identifier) and bargaining unit status. PDS - C does not contain a record of home addresses.

(f) There is another automated system of records concerning appropriated fund civilian employees that is maintained by Respondent. It in maintained in the civilian [ v30 p4 ] payroll office. That system of records does contain the home address of each civilian employee. It also contains a record of the SSAN. The automated civilian payroll system does not contain a record of bargaining unit statue.

(g) The Respondent's civilian payroll system of records includes documentary files. Within the civilian payroll documentary files is included the name, SSAN and home address of each appropriated fund civilian employee. The documentary records maintained by the civilian payroll office do not identify the bargaining unit status of civilian employees.

(h) There are a total of 4575 civilian appropriated fund employees. There are 2887 encumbered positions within the appropriated fund bargaining unit represented by the Charging Party. For those 2887 employees, there are approximately 800 first line supervisors.

(i) In order to retrieve the names and home addresses of bargaining unit members in the appropriated fund bargaining unit represented by Charging Party using automated data processing, a merger of the PDS - C files and the civilian payroll system would be required. There is currently no computer program established to do this. A new program would have to be created which would need two files; one from civilian payroll with SSAN, name and home address and one from PDS - C which has SSAN, name and bargaining unit status. The program would have to be designed to match the file containing the SSAN and bargaining unit status with the file containing SSAN, name and home address. The match would have to be on the SSAN. The program would have to tell the computer to identify matches and retrieve the names and home addresses of those matches for printing. It would take between four and eight hours to create an operational computer program to perform this function. Retrieval time is approximately one hour of computer time, not including printer time.

(j) To manually retrieve the names and home addresses of bargaining unit members in the appropriated fund, bargaining unit would be best achieved using the civilian payroll documentary records. This is because the OPF is not updated and because if 800 supervisors had to submit the names and home addresses of their employees, the submission would have to be centrally collated. To utilize the civilian payroll system of documentary records an alphabetized list of appropriated fund bargaining unit members would have to be created and given to the civilian [ v30 p5 ] payroll office. The civilian payroll officer would then assign the duty of retrieving the home addresses to a GS-5 payroll clerk. It would take between 2 and 3 minutes per name to retrieve the home addresses from the names on the list. After the manual list is created, it would be typed. It is estimated that it would take a GS-5 clerk-typist one minute per entry to type the list.

9.

(a) The Charging Party also represents a unit composed of non-appropriated fund (NAF) employees. The NAF personnel and payroll system are different from that used for the employees paid from appropriated funds. There is no automated system of personnel records maintained for NAF employees which identifies bargaining unit status. The payroll system contains both automated and documentary evidence and is maintained by an organization referred to as the NAF Financial Management Branch (NAFFMB).

(b) NAF personnel records, being documentary only, contain references to home addresses on the employee application in the OPF. If there are insurance documents in the OPF, there will be a reference to a home address on those documents. There is no requirement or practice to update the home addresses in the OPF. 409 NAF employees are not eligible for insurance benefits. The NAF personnel records do not identify the bargaining unit status of employees. NAF payroll records are both automated and documentary. Both the automated and documentary systems of NAF payroll records contain reference to each NAF employee's name, SSAN and home address. Neither the automated nor the documentary system of NAF payroll records contains a reference to the bargaining unit status of the NAF employees.

(c) Supervisors of NAF employees maintain Form 971's on each employee under his/her supervision. The supervisor manually enters the home addresses of NAF employees on the Form 971. To retrieve the home addresses of NAF employees from Form 971, each supervisor would have to submit a list of names and home addresses of each employee under his/her supervision to a central point for comparison with a list of bargaining unit employees. The Form 971s do not reflect bargaining unit status.

(d) Non-appropriated fund (NAF) employees number 874, and work at either Hurlbert Field or Eglin AFB. All are serviced by Respondent. Those at Hurlbert Field number 277. Those at Eglin number 593. Of the 593 at Eglin, 34 are temporary hires. There is 4004 annual turnover rate with the NAF bargaining unit. [ v30 p6 ]

(e) There is no single record, automated or manually, which identifies the names and home addresses and bargaining unit status of NAF employees. NAF personnel maintains a computerized employee data base which contains, among other things, the names of all NAF employees. The NAF personnel office, in order to create a list of bargaining unit employees, would first delete from the automated data base employees whose positions reference the title of supervisor or foreman. Other non-unit personnel would be manually deleted from the list based on job title and grade. After all deletions, a list of current bargaining unit employees would result. It would take approximately 8 hours to create the list.

(f) In order to retrieve the names and home addresses of bargaining unit members in the NAF unit represented by the Charging Party the following method would be employed:

(a) The refined list which indicates the bargaining unit members would be compared with the NAFFMB list of all NAF employees. It would take approximately 30-40 minutes to generate the NAFFMB list. The NAFFMB list contains a reference to home addresses.

(b) The comparison would be manual and where there is a match between the two lists, a manual entry on third list would be made. It is estimated that it would require 3 minutes per entry using this method.

(c) After a complete list of names and home addresses was compiled, the list would be typed. It is estimated it would take a GS-3 - GS-5 clerk-typist approximately 1 minute per entry to type the list.

Discussion, Conclusion, and Recommendations

The primary issue for consideration is whether Respondent's refusal to furnish the Union with the names and home addresses of bargaining unit employees constituted a violation of sections 7114(b)(4) and 7116(a)(1), (5), and (8) of the Statute. Section 7114(b)(4) requires an agency to furnish to an exclusive representative, upon request and to the extent not prohibited by law, data which is (1) normally maintained by the agency in the regular course of business; and (2) reasonably available and necessary for full and [ v30 p7 ] proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining. Respondent admittedly refused to comply with the Union's request for the names and home addresses of the employees in the bargaining units.

The General Counsel argues that Respondent's refusal constitutes a violation of section 7114(b)(4) and 7116(a)(1), (5), and (8) in view of the Authority's decision on remand in Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA No. 101 (1986) ("Farmers Home"), petition for review filed sub nom. U.S. Department of Agriculture and Farmers Home Administration Finance Office, St. Louis, Missouri v. FLRA, No. 86-2579 (8th Cir. Dec. 23, 1986) and that Respondent's defenses are without merit.

Respondent contends that genuine issues of fact exist pertaining to the adequacy of alternative means available to the Union to communicate with employees in both the appropriated fund (AF) and non-appropriated fund (NAF) units so as to preclude summary judgment. Respondent offers an affidavit as to these alternative means. In Farmers Home the Authority emphasized that names and home addresses should be provided whether or not alternative means of communication are available. The Authority stated, 'We will not review the adequacy of alternative methods of communication on a case-by-case basis., In view of the Authority's Farmers Home decision it is concluded that facts as to whether or not alternative means of communication are available between unit employees and their exclusive representative are not material and that summary judgment may be granted.

Respondent contends that the release of the home addresses is prohibited by law as it is precluded by the Privacy Act and does not properly fall under exception (b)(3) of the Privacy Act, 5 U.S.C. 552(b)(3), as a "routine use." Respondent contends that the Authority's finding concerning the "routine use" of the records is not consistent with the provisions of Federal Personnel Manual (FPM) Supplement 711-1, Appendix C. Respondent also argues that "routine" use only applies to personnel records, such as the official personnel folders of unit employees, and does not apply to payroll records, which are not maintained in accordance with OPM guidance and are not covered by OPM's "routine use" exception. [ v30 p8 ]

In Farmers Home the Authority gave full consideration to the many issues raised by requiring disclosure of names and home addresses of federal employees. The Authority analyzed the interplay of the Statute, the Privacy Act, and the Freedom of Information Act, and concluded that, "the release of names and home addresses to the Union is not prohibited by law, is necessary for the Union to fulfill its duties under the Statute, and meets the other requirements of section 7114(b)(4)." The Authority analyzed the two exceptions to the Privacy Act's bar to disclosure of personnel information pertinent to the release of employees' names and home addresses: exception (b)(2), concerning the Freedom of Information Act, and exception (b)(3), relating to "routine use" of information. The Authority found that both exceptions to the Privacy Act's bar applied so as to authorize release of the information under the Privacy Act.

The Authority has also rejected the Respondent's assertion concerning FPM Chapter 294, Appendix C. As it noted in Department of the Navy, Naval Air Station, Moffett Field, California, 28 FLRA No. 10 (1987) and Department of the Air Force, Air Force Contract Management Division, Detachment 45, Baltimore, Maryland, 28 FLRA No. 42 (1987), Appendix C was deleted on March 12, 1985 when Chapter 294 was revised and the revised chapter contains no statement similar to that formerly contained in Appendix C.

In Lowry Air Force Base, Denver, Colorado, 29 FLRA No. 34 (1984), it was pointed out that the Air Force's own system of records notice concerning civilian pay records describes labor organizations as a "routine user" of this information. 46 Fed. Reg. 6581 (1981). As such, civilian payroll records would be covered by the "routine use" exception, and release of the names and home addresses of unit employees contained within these records would not be prohibited by law.

The Authority has also held that in view of exception (b)(2), concerning the Freedom of Information Act, regardless of the particular character of the system of records contained the employees' home addresses, disclosure may still be made to a union. Veterans Administration, Washington, D.C. and Veterans Administration Medical Center, North Chicago, Illinois and American Federation of Government Employees, Local 2107, AFL - CIO, 27 FLRA No. 42, 27 FLRA 310 (1987); Departments of the Army and Air Force, Army and Air Force Exchange Service Headquarters, Dallas, [ v30 p9 ] Texas and Army and Air Force Exchange service, McClellan Air Force Base, California, 26 FLRA No. 85 (1987), application for enforcement filed sub nom. FLRA v. Departments of the Army and Air Force, Army and Air Force Exchange Service Headquarters, Dallas, Texas and Army and Air Force Exchange Service, McClellan Air Force Base, California, No. 87-1201 (D.C. Cir. May 4, 1987).

Respondent also contends that the names and home addresses of bargaining unit employees are neither "normally maintained" nor "reasonably available" within the meaning of section 7114(b)(4). It contends that, in the case of the appropriated fund unit, it would have to create the list by either developing a computer program to merge two automated systems which contain the data, or it would have to manually extract the information from employee records. In the case of the non-appropriated fund unit it could only create the list manually by first eliminating non-unit employees from a list of all employees and then by comparing this list with a payroll list of all employees' names and addresses. Respondent argues that this would require it to create a record, be burdensome, and, in the case of the non-appropriated fund unit, would be unreasonable, because at the rate of a 400% per annum turnover the information would be 12% inaccurate.

The stipulation clearly shows that the names and home addresses of employees are maintained and that identification of employees as to unit status also is maintained. The Authority has held that names and home addresses of bargaining unit employees are data 'normally maintained by an agency' despite the fact that portions of the requested data are maintained in different places, and are "reasonably available" even though the agency must make a compilation by developing a computer program or by having clerical personnel reconcile separate lists or go through files. Lowry Air Force Base, Denver, Colorado, 29 FLRA No. 34 (1987); Department of the Air Force, 92nd Combat Support Group, Fairchild Air Force Base. Washington, 28 FLRA No. 120 (1987); Department of the Air Force, Headquarters, Air Force Logistics Command, Wright - Patterson Air Force Base. Ohio, 28 FLRA No. 44 (1987).

The Authority to date has required the production of the names and addresses of bargaining unit employees despite agency argument that some of the data might be out of date or inaccurate. See, e.g., Defense Mapping Agency Aerospace Center, St. Louis, Missouri, 19 FLRA 675, 690 (1985). [ v30 p10 ]

Inasmuch as the Union's request meets all of the requirements established by section 7114(b)(4), Respondent's refusal to provide the Union with the names and hose addresses violated section 7116(a)(1), (5), (8) of the Statute, as alleged.

Based on the foregoing findings and conclusions, the General Counsel's motion for summary judgment is granted, Respondent's cross-motion is denied, and it is recommended that the Authority issue the following Order:

ORDER

Pursuant to section 2423.29 of the Federal Labor Relations Authority's Rules and Regulations and section 7118 of the Statute, it is hereby ordered that Department of the Air Force Headquarters, Armament Division, AFSC, Eglin Air Force Base, Florida, shall;

1. Cease and desist from:

(a) Refusing to furnish, upon request by the American Federation of Government Employees, Local 1897, AFL - CIO, the exclusive representative of appropriate units of its employees, the names and home addresses of all employees in the appropriated fund and non-appropriated fund bargaining units.

(b) In any like or related manner interfering with, restraining or coercing employees in the exercise of their 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 American Federation of Government Employees, Local 1897, AFL - CIO, the exclusive representative of its employees, the names and home addresses of all employees in the appropriated fund and non-appropriated fund bargaining units.

(b) Post at all its facilities where bargaining unit employees represented by American Federation of Government Employees, [ v30 p11 ] Local 1897, AFL - CIO, are located, 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 a senior official and shall be posted and maintained for 60 consecutive days thereafter, in conspicuous places, including all bulletin boards and other places where notices to members of the bargaining units represented by the American Federation of Government Employees, Local 1897, AFL - CIO, are customarily posted. Reasonable steps shall be taken to ensure that such Notices are not altered, defaced, or covered by any other material.

(d) Pursuant or section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Region IV, Federal Labor Relations Authority, 1371 Peachtree Street, N.E., Suite 736, Atlanta, GA 30367, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply herewith.

GARVIN LEE OLIVER
Administrative Law Judge

Dated:  November 9, 1987
        Washington, D.C.

[ v30 p12 ]

              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