30:1165(128)CA - Navy and Naval Medical Clinic Command, Mid-Atlantic Region, Norfolk, Virginia and Navy and Medical Clinic, Norfolk, Virginia and Navy, Norfolk Naval Shipyard, Co-Operative Association, Portsmouth, Virginia and AFGE Local 22 -- 1988 FLRAdec CA



[ v30 p1165 ]
30:1165(128)CA
The decision of the Authority follows:


30 FLRA No. 128

DEPARTMENT OF THE NAVY AND NAVAL MEDICAL
CLINIC COMMAND, MID-ATLANTIC REGION,
NORFOLK, VIRGINIA

     and

DEPARTMENT OF THE NAVY AND MEDICAL CLINIC,
NORFOLK, VIRGINIA

     and

DEPARTMENT OF THE NAVY AND NORFOLK NAVAL
SHIPYARD, CO-OPERATIVE ASSOCIATION,
PORTSMOUTH, VIRGINIA

                          Respondents

     and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 22, AFL-CIO

                          Charging Party

Case Nos. 34-CA-70683
          34-CA-70684
          34-CA-70691

DECISION AND ORDER

I. Statement of the Case

These unfair labor practice cases are before the Authority under section 2429.1(a) of our Regulations based on the parties' stipulation of facts. The consolidated 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 with the names and home addresses of bargaining unit employees. The Respondents and the General Counsel filed briefs. For the reasons stated below, we find that the Respondents have committed the unfair labor practices as alleged. [PAGE]

II. Facts

The American Federation of Government Employees, Local 22, AFL - CIO is the exclusive representative of units of employees of the Respondent Naval Medical Clinic Command, Mid-Atlantic Region, Norfolk, Virginia; the Respondent Medical Clinic, Norfolk, Virginia; and the Respondent Norfolk Naval Shipyard, Co - Operative Association, Portsmouth, Virginia. By letters dated May 14, 1987, the Union requested the names and home addresses of all bargaining unit employees of Respondent Naval Medical Clinic Command, Mid-Atlantic Region, Norfolk, Virginia and of Respondent Medical Clinic, Norfolk, Virginia. By letters dated April 14, 1987, and May 14, 1987, the Union requested the names and home addresses of all bargaining unit employees of Respondent Norfolk Naval Shipyard, Co - Operative Association, Portsmouth, Virginia.

The parties have stipulated that by letters dated May 21, 1987, the Respondents Department of the Navy and Naval Medical Clinic Command, Mid-Atlantic Region, Norfolk, Virginia, and the Respondents Department of the Navy and medical clinic, Norfolk, Virginia refused to provide the information to the Union. The parties stipulated that by letter dated June 2, 1987, the Respondents Department of the Navy and Norfolk Naval Shipyard, Co - Operative Association, Portsmouth, Virginia refused to provide the information to the Union. The parties also stipulated that the names and home addresses of the employees are normally maintained by the Respondents in the regular course of business, are reasonably available, and do not constitute guidance, counsel or training provided for management officials or supervisors relating to collective bargaining.

III. Positions of the Parties

A. The Respondents

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), enforced in part and remanded sub nom. U.S. Department of Agriculture and Farmers Home Administration Finance Office, St. Louis, Missouri v. FLRA, No. 86-2579 (8th Cir. Jan. 15, 1988), and assert that the Authority erred in that decision. They contend that the disclosure of the names and home addresses of all bargaining unit employees to the Union is prohibited by the Privacy Act and that the information is neither necessary or relevant to the Union's representational responsibilities. [ v30 p2 ]

B. The General Counsel

The General Counsel argues that this case is controlled by Farmers Home. The General Counsel submits that the Respondents' admitted failure to provide the names and home addresses of bargaining unit employees violates section 7116(a)(1), (5), and (8) of the Statute.

IV. Discussion

In our decision on remand in Farmers Home, we held that the release of the names and home addresses of bargaining-unit employees to exclusive representatives is not prohibited by law, is necessary for unions to fulfill their duties under the Statute, and meets all of the other requirements of section 7114(b)(4) of the Statute. We also determined that the release of the information is generally required without regard to whether alternative means of communication are available. From the parties' stipulation in this case, it is further evident that the other requirements of section 7114(b)(4) have been met.

Consistent with our decision in Farmers Home, we therefore find that the Respondents were required to furnish the Union, the exclusive representative of its employees, with the names and home addresses of the employees and their refusal to do so violated section 7116(a)(1), (5), and (8) of the Statute. 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), petition for rehearing filed January 8, 1988, 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).

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 and Naval Medical Clinic Command, Mid-Atlantic Region, Norfolk, Virginia; the Department of the Navy and Medical Clinic, Norfolk, Virginia; and the Department of the Navy and Norfolk Naval Shipyard, Co - Operative Association, Portsmouth, Virginia, shall each: [ v30 p3 ]

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, Local 22, AFL - CIO, the exclusive representative of certain of its employees, the names and home addresses of all bargaining unit employees it represents.

(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 American Federation of Government Employees, Local 22, AFL - CIO, the exclusive representative of a bargaining unit of certain of its employees, the names and home addresses of all bargaining unit employees it represents.

(b) Post at all its facilities where bargaining unit employees represented by the American Federation of Government Employees, Local 22, 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 its Commanding Officer 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 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 III, Federal Labor Relations Authority, Washington, D.C., 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 28, 1988

Jerry L. Calhoun, Chairman

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY [ v30 p4 ]

                   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 22, AFL - CIO, the exclusive representative of certain of our employees, the names and home addresses of all bargaining unit employees it represents.

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

WE WILL furnish the American Federation of Government Employees, Local 22, AFL - CIO, the exclusive representative of certain of our employees, the names and home addresses of all bargaining unit employees it represents.

                                 __________________________
                                         (Activity)

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

This Notice must remain posted for 60 consecuti