30:0949(106)CA - Navy, Naval Aviation Depot, Cherry Point, NC and IAM, Local Lodge 2316, District 110 -- 1988 FLRAdec CA



[ v30 p949 ]
30:0949(106)CA
The decision of the Authority follows:


30 FLRA No. 106

DEPARTMENT OF THE NAVY
NAVAL AVIATION DEPOT
CHERRY POINT, NORTH CAROLINA

                   Respondent

      and

INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE
WORKERS, LOCAL LODGE 2316
DISTRICT 110

                   Charging Party

Case No. 4-CA-70660

DECISION AND ORDER

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 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 affirmed. Upon consideration of the Judge's decision, the exceptions, opposition 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, [PAGE] 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 Navy, Naval Aviation Depot, Cherry Point, North Carolina, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the International Association of Machinists and Aerospace Workers, Local Lodge 2316, District 110, the exclusive representative of a unit of its employees, the names and home addresses of all employees in the bargaining unit 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 International Association of Machinists and Aerospace Workers, Local Lodge 2316, District 110, the names and home addresses of all employees in the bargaining unit it represents.

(b) Post at its facilities where bargaining unit employees represented by the International Association of Machinists and Aerospace Workers, Local Lodge 2316, District 110, 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 and maintained for 60 consecutive days thereafter in conspicuous places, including all bulletin boards and places where notices to employees are customarily posted. Reasonable steps shall be taken to ensure that such notices are not altered, defaced, or covered by any other material.

(c) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Region [ v30 p2 ] 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 21, 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 International Association of Machinists and Aerospace Workers, Local Lodge 2316, District 110, the exclusive representative of a unit of our employees, the names and home addresses of all employees in the bargaining unit it represents.

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

WE WILL furnish the International Association of Machinists and Aerospace Workers, Local Lodge 2316, District 110, the names and home addresses of all employees in the bargaining unit it represents.

                             ______________________________
                                     (Activity)

Dated: __________________ By:______________________________
                               (Signature)    (Title)

This Notice must remain posted for 60 consecutive day's 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, GA 30367, and whose telephone number is: (404) 347-2324. [PAGE]

DEPARTMENT OF THE NAVY
NAVAL AVIATION DEPOT
CHERRY POINT, NORTH CAROLINA

              Respondent

    and

INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE
WORKERS, LOCAL LODGE 2316,
DISTRICT 110

              Charging Party

Case No. 4-CA-70660

Mr. Robert J. Gilson
         For the Respondent

James R. Puhger, Esq.
         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 the Department of the Navy, Naval Aviation Depot, Cherry Point, North Carolina (Respondent), based on a charge filed by the International Association of Machinists and Aerospace Workers, Local Lodge 2316, District 110 (herein called the 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 with the names and home [PAGE] addresses of bargaining unit employees represented by the Union pursuant to section 7114(b)(4) of the Statute. 1

Respondent's answer, as amended, admitted the jurisdictional allegations as to the Respondent, the Union, and the charge; that, on or about February 12, 1987, the Union, the exclusive representative of a unit of certain of Respondent's employees, requested the names and home addresses of bargaining unit employees and that, on or about March 2, 1987 an agent of Respondent denied the Union's request for the information. Respondent's answer, as amended, also admitted that the names and home addresses are normally maintained by the Respondent in the regular course of business; are reasonably available; and do not constitute guidance, advice, counsel or training provided for management officials or supervisors relating to collective bargaining. Accordingly, such matters are found to be established. [ v30 p2 ] Respondent's answer, as amended, denied that the information requested is necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining. Respondent also denied any violation of the Statute.

On or about October 9, 1987, Counsel for the General Counsel moved for summary judgment and submitted a supporting brief. The Regional Director transferred the motion 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 on October 16, 1987.

Positions of the Parties

Respondent requests a hearing in order to introduce evidence on the sufficiency of the means available to the Union to communicate with employees in the unit. Respondent also contends that the basis for the Union's request does not meet the requirement under the Statute that the information must be "necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining." Respondent asserts that 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 the Farmers Home Administration Finance Office, St. Louis, Missouri v. FLRA, No. 86-2579 (8th Cir. Dec. 23 1986) is in error as the Authority failed to give greater consideration to the potential abuses inherent in the discloser of employees' home addresses. Respondent contends that such disclosure constitutes a clearly unwarranted invasion of employees' privacy and does not properly fall under exception (b)(3) of the Privacy Act, 5 U.S.C. 552(b)(3), as a "routine use."

The General Counsel contends that in light of the Authority's decision in Farmers Home there are no disputed issues of material fact, and it is entitled to summary judgment as the Respondent's failure and refusal to provide the employees' home addresses to the Union in this case constitutes a refusal to comply with section 7114(b)(4) and a violation of section 7116(a)(1), (5) and (8) of the Statute. [ v30 p3 ]

Discussion and Conclusions

In Farmers Home the Authority held that "the statutory requirement concerning sufficiency of a request under section 7114(b)(4) is satisfied for requests such as that involved here (for names and home addresses) when a general written request for the information is made. A precise explication of the reasons for the request involved here is not necessary." The Authority also emphasized that names and home addresses of bargaining unit employees 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 bases." In view of the Authority's Farmers Home decision it is concluded that facts as to the purpose of the request and whether or not alternative means of communication are available between unit employees and their exclusive representative are not material.

There being no dispute as to any material fact, it is concluded that the General Counsel is entitled to summary judgment as a matter of law under the Authority's decision in Farmers Home. There 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's decision in Farmers Home analyzed the two exceptions to the Privacy Act's bar to disclosure of personal 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.

Consistent with the Authority's decision in Farmers Home, the Respondent was required to furnish the Union with the names and home addresses of the employees in the bargaining unit and its refusal to do so violated section 7116(a)(1), (5), and (8) of the Statute.

Based on the foregoing, the General Counsel's motion for summary judgment is granted. It is recommended that the Authority issue the following Order: [ v30 p 4 ]

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 Navy, Naval Aviation Depot, Cherry Point, North Carolina, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the International Association of Machinists and Aerospace Workers, Local Lodge 2316, District 110, the exclusive representative of a bargaining unit of certain of its employees, the names and home addresses of all employees in the bargaining unit 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 Federal Service Labor - Management Relations Statute.

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

(a) Furnish International Association of Machinists and Aerospace Workers, Local Lodge 2316, District 110, the exclusive representative of a bargaining unit of certain of its employees, the names and home addresses of all employees in the bargaining unit it represents.

(b) Post at its facilities where said bargaining unit employees represented by International Association of Machinists and Aerospace Workers, Local Lodge 2316, District 110, 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 employees are [ v30 p5 ] customarily posted. Reasonable steps shall be taken to ensure that such Notices are not altered, defaced, or covered by any other material.

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

GARVIN LEE OLIVER
Administrative Law Judge

Dated: November 4, 1987
       Washington, D.C.

[ v30 p6 ]

                            APPENDIX
                    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 of the International Association of Machinists and Aerospace Workers, Local Lodge 2316, District 110, the exclusive representative of a bargaining unit of certain of our employees, the names and home addresses of all employees in the bargaining unit it represents.

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

WE WILL furnish International Association of Machinists and Aerospace Workers, Local Lodge 2316, District 110, the exclusive representative of a bargaining unit of certain of our employees, the names and home addresses of all employees in the bargaining unit it represents.

                             _______________________________
                                   (Agency or Activity)

Dated:  ________________ By: _______________________________
                                     (Signature)

[PAGE]

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 IV, whose address is: 1371 Peachtree Street, N.E., Suite 736, Atlanta, GA 30367, and whose telephone number is: (404) 347-2324. [ v30 p2 ]

FOOTNOTES

Footnote 1 Section 7114(b)(4) provides: (b) the duty of an agency and an exclusive representative to negotiate in good faith . . . shall include the obligation-- (4) in the case of an ag