31:0707(43)CA - Bureau of Engraving and Printing and Graphic Communications International Union, Local Union No. 4-B -- 1988 FLRAdec CA



[ v31 p707 ]
31:0707(43)CA
The decision of the Authority follows:


31 FLRA No. 43

BUREAU OF ENGRAVING AND PRINTING

                     Respondent

      and

GRAPHIC COMMUNICATIONS INTERNATIONAL
UNION, LOCAL UNION NO. 4-B, AFL-CIO

                     Charging Party

Case No. 3-CA-70496

DECISION AND ORDER

I. Statement of the Case

This unfair labor practice case is before the Authority under section 2429.1(a) of our Regulations based on the parties' stipulation of facts. The complaint alleges that the Respondent 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) with the names and home addresses of the "members of the bargaining unit employees." The General Counsel filed a brief. The Respondent did not file a brief.

For the reasons stated below, we find that the Respondent has committed the unfair labor practices as alleged.

II. Facts

The Graphic Communications International Union, Local. Union No. 4-B, AFL - CIO (the Union) is the exclusive representative of a unit of employees of the Respondent Bureau of Engraving and Printing. By letter dated June 9, 1987, the Union requested "the names and home addresses of the members of the bargaining unit employees." 1 By letter [PAGE] dated June 17, 1987, the Respondent refused to provide the information to the Union. The parties have stipulated that the names and home addresses of the employees are normally maintained by the Respondent 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. Position of the General Counsel

The General Counsel argues that this case is controlled by 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), petitions for rehearing filed. The General Counsel submits that the Respondent's 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 evident that the other requirements of section 7114(b)(4) have been met.

Consistent with our decision in Farmers Home, we find that the Respondent was required to furnish the Union with the names and home addresses of bargaining unit employees, and its refusal to do so violated section 7116(a)(1), (5), and (8) of the Statute. See also U.S. Department of the Air Force, Scott Air Force Base, Illinois v. FLRA, No. 87-1143 (7th Cir. Jan. 27, 1988), affirming Department of Air Force, Scott Air Force Base, Illinois, 24 FLRA 226 (1986); Department of Health and Human Services, Social Security Administration v. FLRA, 883 F.2d 1129 (4th Cir. 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, [ v31 p2 ] 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 Statute, we order that the Bureau of Engraving and Printing shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the Graphic Communications International Union, Local Union No. 4-B, AFL - CIO, 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 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 Graphic Communications International Union, Local Union No. 4-B, AFL - CIO with 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 the Graphic Communications International Union, Local Union No. 4-B, 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 Director 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 [ v31 p3 ] writing, within 30 days from the date of this Order, as to what steps have been taken to comply.

Issued, Washington, D.C., March 3, 1988.

Jerry L. Calhoun, Chairman

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY [ v31 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 Graphic Communications International Union, Local Union No. 4-B, AFL - CIO, 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 rights assured them by the Federal Service Labor - Management Relations Statute.

WE WILL furnish the Graphic Communications International Union, Local Union No. 4-B, AFL - CIO with the names and home addresses of all the 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 of the Federal Labor Relations Authority, Region III, whose address is: 1111 18th Street, N.W., 7th Floor, P.O. Box 33758, Washington, D.C. 20033-0758 and whose telephone number is: (202) 653-8500. [PAGE]

FOOTNOTES

Footnote 1 Consistent