30:1180(131)CA - Navy, Marine Corps Air Station, Cherry Point, NC and IAM, Local Lodge 2296, District 110 -- 1988 FLRAdec CA



[ v30 p1180 ]
30:1180(131)CA
The decision of the Authority follows:


30 FLRA No. 131

DEPARTMENT OF THE NAVY,
MARINE CORPS AIR STATION,
CHERRY POINT, NORTH CAROLINA

                    Respondent

             and

INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE WORKERS,
LOCAL LODGE 2296, DISTRICT 110

                    Charging Party

Case No. 4-CA-70659

DECISION AND ORDER

I. Decision

The Administrative Law Judge issued the attached decision in this case, finding that the Department of the Navy, Marine Corps Air Station, Cherry Point, North Carolina (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 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), petition for rehearing filed January 8, 1988, affirming Department of Health and Human Services, Social Security Administration, 24 FLRA 543 (1986); [PAGE] 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); Farmers Home Administration, Finance Office, St. Louis, Missouri, 23 FLRA 788 (1986), 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).

II. 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, Marine Corps Air Station, 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 2296, District 110, the exclusive representative 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 the International Association of Machinists and Aerospace Workers, Local Lodge 2296, District 110, the names and home addresses of all employees in the bargaining unit it represents.

(b) Post at all its facilities where bargaining unit employees represented by International Association of Machinists and Aerospace Workers, Local Lodge 2296, District 110, are located, copies of the attached Notice on forms to be furnished by the Authority. Upon receipt of such forms, they shall be signed by the Commanding Officer of the Marine Corps Air Station, Cherry Point, North Carolina, and shall be posted and maintained for 60 consecutive days thereafter, in conspicuous places, including all bulletin boards and other [ v30 p2 ] 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 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.

Issued, Washington, D.C., January 28, 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 2296, District 110, the exclusive representative 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 their rights assured them by the Federal Service Labor - Management Relations Statute.

WE WILL furnish International Association of machinists and Aerospace Workers, Local Lodge 2296, 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 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 NAVY
MARINE CORPS AIR STATION
CHERRY POINT, North CAROLINA

              Respondent

    and

INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE
WORKERS, LOCAL LODGE 2296,
DISTRICT 110

              Charging Party

Case No. 4-CA-70659

Richard S. Jones, Esquire
         For the General Counsel, FLRA

Robert J. Gilson, Esquire
         For the Respondent

Before: BURTON S. STERNBURG
         Administrative Law Judge

DECISION

Statement of the Case

This is a proceeding under the Federal Service Labor - Management Relations Statute, Chapter 71 of Title 5 of the U.S. Code, 5 U.S.C. Section 7101, et seq. and the Rules and Regulations issued thereunder.

Pursuant to an amended charge first filed on June 18, 1987, by the International Association of Machinists and Aerospace Workers, Local Lodge 2296, District 110, (herein-after called the Union), a Complaint and Notice of Hearing was issued on August 21, 1987, by the Regional Director for Region IV, Federal Labor Relations Authority, Atlanta, Georgia. The Complaint alleges that the Department of the Navy, Marine Corps Air Station, Cherry Point, North Carolina, (hereinafter called the Respondent), violated Sections 7116 (a)(1), (5) and (8) of the Federal Service Labor - Management [PAGE] Relations Statute, (hereinafter called the Statute), by failing and refusing to furnish the Union the names and home addresses of bargaining unit members employed at the Marine Corps Air Station, Cherry Point, North Carolina.

On September 1, 1987, September 9, 1987 and September 25, 1987, respectively, the Respondent filed an Answer, a second Answer and an Amendment to its second Answer denying the commission of any unfair labor practices but admitting all but one of the factual allegations of the Complaint. 1

On October 6, 1987, Counsel for the General Counsel filed with the Regional Director for Region IV a Motion For summary Judgment along with "Counsel For The General Counsel's Memorandum In Support Of Its Motion For Summary Judgment." On the same date, the Regional Director for Region IV, pursuant to Section 2423.22(b)(1) of the Federal Labor Relations Authority's Rules and Regulations, transferred the General Counsel's Motion for Summary Judgment to the Chief Administrative Law Judge for decision. The matter was subsequently assigned to the undersigned Administrative Law Judge for decision on the Motion For summary Judgment. On October 14, 1987 Respondent filed a Response to the General Counsel's Motion For Summary Judgment wherein he opposed the Motion For Summary Judgment. Respondent also filed a Memorandum in support of its Response to General Counsel's Motion For Summary Judgment.

Having read the Complaint and Respondent's Answer thereto, as well as the respective briefs of the parties in support of their respective positions on the General Counsel's Motion for Summary judgment, I am convinced, based primarily upon the Federal Labor Relations Authority's decision in Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA No. 101, that a hearing in the instant matter is not necessary since there is no material fact in dispute.

Accordingly, upon the basis of the above described record, and after consideration of the parties briefs, I make the following findings of fact, conclusions and recommendations. [ v30 p2 ]

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.

2(b). At all times material herein, the Department of the Navy 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.

2(c). At all times material herein, the Marine Corps Air Station, Cherry Point, North Carolina has been and is now an activity of the Department of Defense within the meaning of Section 2421.4 of the Authority's Rules and Regulations, as amended.

3. At all times material herein, the Union has been and is now the exclusive representative of certain ungraded employees of the Marine Corps Air Station, Cherry Point, North Carolina, in a bargaining unit more fully set forth and described in a collective bargaining agreement between the International Association of Machinists and Aerospace Workers, Local Lodge 2296 and the Marine Corps Air Station, Cherry Point, North Carolina, which is effective by its terms from on or about July 17, 1986, for at least a three-year period.

4. At all times material herein, the following persons occupied the positions set forth opposite their names at the Respondent's Cherry Point, North Carolina facility and 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

E. Z. Hamilton . . . . . . . Head of the Labor
                               Relations Department

Gerald W. Johnson . . . . . Civilian Personnel Officer

5. On or about February 12, 1987, the Union, by its Business Representative, Terry A. Wethington, requested the names and home addresses of bargaining unit employees described in paragraph 3 above from Mr. Hamilton. [ v30 p3 ]

6. On or about March 2, 1987, Respondent, by Mr. Gerald W. Johnson, denied the Union's request for the names and home addresses of bargaining unit employees, as described in paragraph 3, above.

7. The information requested by the Union as described in paragraph 5 above is (a) Normally maintained by Respondent in the regular course of business; (b) Reasonably available; and (c) Not guidance, advice, counsel or training for management officials or supervisors, relating to collective bargaining.

Discussion and Conclusions

The General Counsel takes the position that the Authority's decision in Farmers Home Administration Finance Office, St. Louis, Missouri, supra, is dispositive of the matter and that summary judgment in its favor is in order.

Respondent on the other hand take the position that the Privacy Act of 1974, 5 U.S.C. 552a, prohibits the release of the home addresses of the bargaining unit employees. Respondent's Counsel further contends that there has been no showing that the home addresses are necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining. The Respondent also contends that it should be allowed the opportunity to show that the union possesses alternative means of communication.

In agreement with the General Counsel I find that the Authority's decision in Farmers Home Administration Finance Office, St. Louis, Missouri, supra, is dispositive of all Respondent's contentions and/or defenses. Thus, the Authority held that release of the names and home addresses of unit employees is not prohibited by the Privacy Act, that regardless of the existence of alternative means of communication the names and home addresses of unit employees should be supplied to the Union on request, and, finally, that the exclusive representative need not offer any explanation as to the reasons it seeks such information since the Union's need "is so apparent and essentially related to the nature of exclusive representation itself. . . ."

Accordingly, in view of the foregoing, and based upon the Authority's holdings set forth above, and since the Union's request meets all the requirements of Section 7114 (b)(4) of the Statute, I find that Respondent's refusal to [ v30 p4 ] furnish the Union with the names and home addresses of bargaining unit employees constituted a violation of Sections 7116(a)(1), (5) and (8) of the Statute. In such circumstances, I hereby grant the General Counsel's Motion For Summary Judgment.

Having found that Respondent violated the Statute by refusing to supply the Union with the names and home addresses of the bargaining unit employees, it is hereby recommended that the Authority adopt the following order designed to effectuate the purposes and policies of the Statute.

ORDER

Pursuant to Section 2423.29 of the Federal Labor Relations Authority's Rules and Regulations and Section 7118 of the Federal Service Labor - Management Relations Statute, 5 U.S.C., Section 7118, it is ordered that the Department of the Navy, Marine Corps Air Station, Cherry Point, North Carolina, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request, the to International Association of Machinists and Aerospace Workers, Local Lodge 2296, District 110, the exclusive representative of its employees, the names and home addresses of all bargaining unit employees employed at the Department of the Navy, Marine Corps Air Station, Cherry Point, North Carolina.

(b) In any like or related manner, interfering with, restraining, or coercing its 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 names and home addresses of all bargaining unit employees as requested by the International Association of Machinists and Aerospace Workers, Local Lodge 2296, District 110. [ v30 p5 ]

(b) Post at the Department of the Navy, marine Corps Air station, Cherry Point, North Carolina, 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 responsible official of the Department of the Navy, Marine Corps Air Station, Cherry Point, North Carolina, 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.

(c) Pursuant to 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, Georgia in writing, within 30 days from the date of this Order, as to what steps have been taken to comply herewith.

BURTON S. STERNBURG
Administrative Law Judge

Dated: November 30, 1987
       Washington, D.C.

[ v30 p6 ]

                           NOTICE TO ALL EMPLOYEES
                                 PURSUANT TO
                         A DECISION AND ORDER OF THE
                      FEDERAL LABOR RELATIONS AUTHORITY
                  AND IN ORDER TO EFFECTUATE THE POLICIES OF
                         CHAP