30:0917(103)CA - Marine Corps, Washington, DC and Marine Corps Logistics Base, Barstow, CA and AFGE Local 1482 -- 1988 FLRAdec CA
[ v30 p917 ]
The decision of the Authority follows:
30 FLRA No. 103
UNITED STATES MARINE CORPS WASHINGTON, D.C. AND MARINE CORPS LOGISTICS BASE BARSTOW, CALIFORNIA Respondents and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1482, AFL-CIO Charging Party Case No. 8-CA-70211
I. Statement of the Case
This unfair labor practice case is before the Authority under section 2429.1(a) of the Authority's Rules and Regulations, based on a stipulation of facts by the parties, who have agreed that no material issue of fact exists.
The complaint alleges that the Respondents violated section 7116(a)(1), (5) and (8) of the Federal Service Labor - Management Relations Statute (the Statute) by refusing to provide the Charging Party (the Union), the exclusive representative of a unit of the Respondents' employees, with the names and home addresses of those employees. For the reasons stated below, we find that the Respondents committed the unfair labor practices as alleged.
The Union is the exclusive representative of a unit of the Respondents' employees. By letter dated October 30, 1986, the Union requested that the Respondents provide it with the names and home addresses of the employees in the unit. By letter dated November 26, 1986, the Respondents refused to provide the Union with the requested information. [PAGE]
The parties stipulated that the names and home addresses of the employees are normally maintained by the Respondents in the regular course of business and are reasonably available in the Respondents' personnel and payroll files. The parties also stipulated that the information does not constitute guidance, advice, counsel or training provided for management officials or supervisors relating to collective bargaining.
III. Positions of the Parties
The Respondents contend that release of the home addresses of employees is prohibited under the Freedom of Information Act and the Privacy Act. The Respondents also contend that the information is not relevant or necessary for the Union to carry out its representational duties. The Respondents further maintain that the existence of sufficient alternative means of communication should be considered when determining whether the employees' home addresses are necessary or relevant to a union's representational duties. The Respondents disagree with the Authority's decision on remand in Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA 788 (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 assert that the Authority erred in that decision and others.
The General Counsel contends that the Authority's decision on remand in Farmers Home is controlling in this case. Consequently, the General Counsel argues that the Respondents' admitted failure to furnish the requested names and home addresses constitutes a failure to comply with section 7114(b)(4) and a violation of section 7116(a)(1), (5) and (8) of the Statute.
IV. Analysis and Conclusions
In the Authority's decision on remand in Farmers Home, the Authority held that the release of names and home addresses of bargaining unit employees to their exclusive representative is not prohibited by law, is necessary for unions to fulfill their duties under the Statute, and meets all of the other requirements established by section 7114(b)(4). The Authority also determined that the release of the information is generally required without regard to whether alternative means of communication are available. [ v30 p2 ]
Based on the parties' stipulation and the Authority's decision on remand in Farmers Home, we reject the Respondents' arguments that the release of the information sought by the Union is prohibited by law and is not necessary. 1 See also 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 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).
Accordingly, we conclude that the Respondents were required to provide the Union with the names and homes addresses of the bargaining unit employees under section 7114(b)(4). We further conclude that the Respondents' refusal to provide the Union with the requested information violate