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31 FLRA No. 48

VETERANS ADMINISTRATION
WASHINGTON, D.C. AND DALLAS
VETERANS ADMINISTRATION
MEDICAL CENTER, VETERANS
ADMINISTRATION, DALLAS, TEXAS

                    Respondents

      and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, LOCAL 2437

                    Charging Party

Case No. 6-CA-70060

DECISION AND ORDER 
The Administrative Law Judge issued the attached decision in this case. The 
Judge found that the Veterans Administration, Washington, D.C. (the Agency) had 
engaged in the unfair labor practices alleged in the complaint by directing the 
Respondent Dallas Veterans Administration Medical Center, Dallas, Texas (the 
Activity) not to provide the Charging Party with the names and home addresses of 
bargaining unit employees. The Judge found that the Respondent Activity had not 
committed the unfair labor practices alleged in the complaint because the 
Respondent Activity's action was merely ministerial in nature. 
The Judge granted the General Counsel's motion for summary judgment with 
respect to the Respondent Agency and recommended that the Agency be ordered to 
take appropriate remedial action. The Respondent Agency filed exceptions to the 
Judge's decision. The General Counsel filed exceptions to the Judge's remedy. 

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. We find that no prejudicial 
error was committed and we affirm the rulings. On consideration of the Judge's 
decision, the exceptions, [PAGE] and the entire record, we adopt the Judge's 
findings, conclusions, and recommended Order, except as noted below. See 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) petitions for rehearing filed. See also United 
States Department of the Navy and Philadelphia Naval Shipyard v. FLRA, No. 
87-3005 (3d Cir. Mar. 2, 1988), enforcing Philadelphia Naval Shipyard, 24 FLRA 
37 (1986); 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 the Air 
Force, Scott Air Force Base, Illinois, 24 FLRA 226 (1986); Department of Health 
and Human Services, Social Security Administration v. FLRA, 833 F.2d 1129 (4th 
Cir. 1987), petition for hearing filed Jan. 8, 1988, affirming Department of 
Health and Human Services, Social Security Administration, 24 FLRA 583 (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). 
With respect to the General Counsel's exception to the Judge's recommended 
Order, we will modify the Order to direct the Respondent Agency to cease and 
desist from directing its activities to refuse to furnish on request of the 
exclusive representative of bargaining units of its employees or designated 
agents of the exclusive representative for bargaining units of its employees the 
names and home addresses of employees in the units they represent. 
ORDER 
A. Pursuant to section 2423.29 of the Authority's Rules and Regulations and 
section 7118 of the Federal Service Labor - Management Relations Statute, we 
order that the Veterans Administration, Washington, D.C., shall: 
1. Cease and desist from: 
(a) Directing the Dallas Veterans Administration Medical Center, Dallas, 
Texas, to refuse to furnish the American Federation of Government Employees, 
Local 2437, the designated agent of the exclusive representative for a [ v31 p2 ] 
bargaining unit of its employees, the names and home addresses of all employees 
in the unit. 
(b) Directing other component activities of the Veterans Administration to 
refuse to furnish on request of the exclusive representative of bargaining units 
of its employees or designated agents of the exclusive representative for 
bargaining units of its employees the names and home addresses of employees in 
the units they represent. 
(c) In any like or related manner, interfering with, restraining, or coercing 
its employees in the exercise of the rights assured them by the Statute. 
(d) In any like or related manner, interfering with the local bargaining 
relationship between the American Federation of Government Employees, Local 2437 
and the Dallas Veterans Administration Medical Center, Dallas, Texas. 
2. Take the following affirmative action in order to effectuate the purposes 
and policies of the Statute: 
(a) Direct the Dallas Veterans Administration Medical Center, Dallas, Texas, 
to furnish the American Federation of Government Employees, Local 2437, the 
designated agent of the exclusive representative for a bargaining unit of its 
employees, the names and home addresses of all employees in the unit. 
(b) Post at its facility, Dallas Veterans Administration Medical Center, 
Dallas, Texas, 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 Administrator of the Veterans Administration, Washington, D.C., 
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 VI, Federal Labor Relations Authority, in 
writing, within 30 days from the date of this Order as to what steps have been 
taken to comply. [ v31 p3 ] 
B. The allegations in the complaint against the Dallas Veterans 
Administration Medical Center, Dallas, Texas, are dismissed. 
Issued, Washington, D.C., March 9, 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 direct the Dallas Veterans Administration Medical Center, Dallas, 
Texas, to refuse to furnish, upon request of the American Federation of 
Government Employees, Local 2437, the designated agent of the exclusive 
representative for a bargaining unit of our employees, the names and home 
addresses of all employees in the unit. 
WE WILL NOT direct other component activities of the Veterans Administration 
to refuse to furnish on request of the exclusive representative of bargaining 
units of our employees or the designated agents of the exclusive representative 
for bargaining units of our employees the names and home addresses of employees 
in the units they represent. 
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 NOT, in any like or related manner, interfere with the local 
bargaining relationship between the American Federation of Government Employees, 
Local 2437 and the Dallas Veterans Administration Medical Center, Dallas, Texas. 

WE WILL direct the Dallas Veterans Administration Medical Center, Dallas, 
Texas, to furnish the American Federation of Government Employees, Local 2437 
the names and home addresses of all the employees in the unit. 
                             _______________________________
                                       (Agency)

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. 
[PAGE] 
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 VI, whose address is: Federal Office 
Building, 525 Griffin Street, Suite 926, Dallas, Texas 75202, and whose 
telephone number is: (214) 767-4996. [ v31 p2 ] 

VETERANS ADMINISTRATION
WASHINGTON, D.C. AND DALLAS
VETERANS ADMINISTRATION
MEDICAL CENTER, VETERANS
ADMINISTRATION, DALLAS
TEXAS

              Respondents

    and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
LOCAL 2437

              Charging Party

Case No. 6-CA-70060

Michael E. Bornhouser, Esquire
         For the Respondents

James W. Mast, Esquire
         For the General Counsel, FLRA

Before:  GARVIN LEE OLIVER
         Administrative Law Judge

DECISION 
I. Statement of the Case 
This decision concerns an unfair labor practice case issued by the Regional 
Director, Region VI, Federal Labor Relations Authority, Dallas, Texas. The 
complaint alleged that the Dallas Veterans Administration Medical Center, 
Veterans Administration, Dallas, Texas (Respondent Activity) violated section 
7116(a)(1), (5) and (8) of the Federal Service Labor - Management Relations 
Statute (the Statute) by refusing to provide the Union, the agent of the 
exclusive representative of units of the Respondent's employees, with the names 
and home addresses of those employees as requested [PAGE] by the Union. The 
complaint further alleged that the Veterans Administration, Washington, D.C. 
(Respondent Agency) violated section 7116(a)(1) and (5) of the Statute by 
unlawfully interfering with the bargaining relationship between the Respondent 
Activity and the Union by instructing the Respondent Activity not to furnish the 
Union with the requested information. 
On or about October 6, 1987, Counsel for the General Counsel moved for 
summary judgment. 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 26, 1987. The General Counsel served a memorandum in 
support of summary judgment on October 28, 1987. 
Based upon the entire record, I make the following findings of fact, 
conclusions of law, and recommendations. 
II. Findings of Fact 
The American Federation of Government Employees, AFL - CIO (AFGE) is the 
exclusive representative of nationwide units of certain of the Respondent's 
professional and non-professional employees. AFGE Local 2437, the Union in this 
case, is the representative of AFGE for the purpose of representing unit 
employees at the Dallas Veterans Administration Medical Center, Dallas, Texas. 
On November 14, 1986, the Union requested that the Respondent Activity provide 
it with the names and home addresses of the employees in these bargaining units 
at the Dallas VA Medical Center. On December 2, 1986, the Respondent Activity 
denied the request based on instructions from the Respondent Agency not to 
furnish the requested information to the Union. Subsequently on December 10, 
1986, and continuing to date, Respondent Activity has failed and refused to 
furnish the Union with the requested information. 
The names and home addresses of bargaining unit employees are normally 
maintained by Respondent in the regular course of business, are reasonably 
available, and do not constitute guidance, advice, counsel, or training for 
management officials or supervisors relating to collective bargaining. [ v31 p2 ] 

III. Positions of the Parties 
Respondents assert that the case is not appropriate for summary judgment as 
genuine issues of material fact exist. The Respondents essentially contend that 
disclosure of the home addresses of employees is prohibited by the Privacy Act; 
the information is not necessary for the Union to carry out its representational 
responsibilities under the Statute in view of the reasonable alternative means 
available to the Union for communicating with the employees; and the information 
is not data pertaining to negotiation of subjects within the scope of bargaining 
under the Statute. The Respondents also disagree with 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 Farmers Home Administration Finance Office, St. 
Louis, Missouri v. FLRA, No. 86-2579 (8th Cir. Dec. 23, 1986), and asserts that 
the Authority erred in that decision. In summary, the Respondents maintain that 
the Union does not have a right to the information requested under section 
7114(b)(4) of the Statute. 
The General Counsel contends that the Authority's Decision on Remand in 
Farmers Home is controlling in this case and that the Respondent Activity was 
required, upon request, to supply the Union with the names and home addresses of 
its bargaining unit employees under section 7114(b)(4). The General Counsel 
points out that in refusing to provide the Union with the requested information 
the Activity was acting ministerially at the direction of the Agency and had no 
discretion in the matter. Nevertheless, the General Counsel argues that the 
Respondent Activity violated section 7116(a)(1), (5) and (8) of the Statute. 

Further, the General Counsel contends that by instructing the Activity not to 
provide the Union with the information, the Respondent Agency interfered with 
the bargaining relationship between the Union and the Activity and thereby 
violated section 7116(a)(1) and (5) of the Statute. The General Counsel also 
contends that the Respondent Agency is responsible for the Respondent Activity's 
refusal to comply with section 7114(b)(4) and for the resulting violation of 
section 7116(a)(1), (5) and (8) of the Statute. [ v31 p3 ] 
IV. 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, Respondent Activity 
was required to furnish the Union with the names and home addresses of the 
employees in the Bargaining units under section 7114(b)(4). [ v31 p4 ] 
With regard to the culpability of the Activity and the Agency in failing and 
refusing to comply with section 7114(b)(4), it is concluded that the Activity 
was prevented by the Agency from fulfilling its obligation under the Statute. 
The Agency instructed the Activity not to furnish the requested information to 
the Union. Therefore, as the General Counsel points out, the Activity was acting 
ministerially and without discretion in the matter. In these circumstances, the 
Authority will not find that the Activity violated section 7116(a)(1), (5) and 
(8) of the Statute as alleged in the complaint. Veterans Administration, 
Washington, D.C., Veterans Administration Medical Center, Veterans 
Administration New Orleans Louisiana (VA, Washington, D.C.), 29 FLRA No. 6 
(1987). 
As to the Agency's conduct, by directing the Activity not to provide the 
Union with the requested information, the Respondent Agency improperly prevented 
the Activity from complying with section 7114(b)(4) of the Statute and 
improperly interfered with the local bargaining relationship between the Union 
and the Activity. It is concluded that the Agency was responsible for the 
failure and refusal to comply with section 7114(b)(4) and that it thereby 
violated section 7114(a)(1), (5) and (8) of the Statute. Moreover, by improperly 
interfering with the local bargaining relationship between the Union and the 
Activity, the Respondent further violated section 7116(a)(1) and (5). VA, 
Washington, D.C., supra. 
Based on the foregoing findings and conclusions, the General Counsel's Motion 
for summary judgment is granted, and it is recommended that the Authority issue 
the following Order: 
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 
Veterans Administration, Washington, D.C. shall: 
1. Cease and desist from: 
(a) Directing the Dallas Veterans Administration Medical Center, Dallas, 
Texas, to refuse to furnish, upon request of the American Federation of 
Government Employees, [ v31 p5 ] 
Local 2437, the designated agent of the exclusive representative of 
bargaining units of its employees, the names and home addresses of employees in 
the units. 
(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. 
(c) In any like or related manner, interfering with the local bargaining 
relationship between the American Federation of Government Employees, Local 
2437, and the Dallas Veterans Administration Medical Center, Dallas, Texas. 
2. Take the following affirmative action in order to effectuate the purposes 
and policies of the Statute: 
(a) Direct the Dallas Veterans Administration Medical Center, Dallas, Texas 
to furnish the American Federation of Government Employees, Local 2437, the 
designated agent of the exclusive representative of bargaining units of its 
employees, the requested names and home addresses of employees in the units. 

(b) Post at its facility, Dallas Veterans Administration Medical Center, 
Dallas Texas, 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 Administrator of the Veterans Administration, Washington, D.C., 
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 VI, Federal [ v31 p6 ] Labor Relations 
Authority, in writing, within 30 days from the date of this Order as to what 
steps have been take to comply herewith. 
It is further ordered that the allegations in the complaint against the 
Dallas Veterans Administration Medical Center, Veterans Administration, Dallas, 
Texas, are dismissed. 
GARVIN LEE OLIVER
Administrative Law Judge

Dated: November 25, 1987
       Washington, D.C.

[ v31 p7 ] 
                    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 HEREBY NOTIFY OUR EMPLOYEES THAT:

WE WILL NOT direct the Dallas Veterans Administration Medical Center, Dallas, 
Texas to refuse to furnish, upon request of the American Federation of 
Government Employees, Local 2437, the designated agent Of the exclusive 
representative of bargaining units of our employees, the names and home 
addresses of employees in the units. 
WE WILL NOT in any like or related manner, interfere with, restrain, or 
coerce our employees in the exercise of the rights assured by the Federal 
Service Labor - Management Relations Statute. 
WE WILL NOT in any like or related manner, interfere with the local 
bargaining relationship between the American Federation of Government Employees, 
Local 2437 and the Dallas Veterans Administration Medical Center, Dallas, Texas. 

WE WILL direct the Dallas Veterans Administration Medical Center, Dallas, 
Texas to furnish the American Federation of Government Employees, Local 2437, 
the requested names and home addresses of employees in the bargaining units. 

                             _______________________________
                                   (Agency or Activity)

Dated: _________________ By: _______________________________
                                        (Signature)

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 VI, whose address is: Federal 
Office Building, 525 Griffin Street, Suite 926, Dallas, Texas 75202, and whose 
telephone number is: (214) 767-4996. [PAGE] 

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