31:0758(50)CA - Naval Plant Representative Office, Bethpage, NY and AFGE Local 2693 -- 1988 FLRAdec CA



[ v31 p758 ]
31:0758(50)CA
The decision of the Authority follows:


31 FLRA No. 50

NAVAL PLANT REPRESENTATIVE OFFICE
BETHPAGE, NEW YORK

                    Respondent

      and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, AFL-CIO
LOCAL 2693

                    Charging Party

Case No. 2-CA-70178

DECISION AND ORDER

The Administrative Law Judge issued the attached decision in this case, finding that the Naval Plant Representative Office, Bethpage, New York (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 homes 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 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. We find that no prejudicial error was committed and we affirm the rulings. Upon consideration of the Judge's decision, the exceptions, and the entire record, we adopt the Judge's findings, conclusions, and recommended Order. 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. 6-2579 (8th Cir. Jan. 15, 1988) petitions for rehearing filed. See also United States Department of the Navy and Philadelphia Naval [PAGE] 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 rehearing filed Jan. 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, we order that the Naval Plant Representative Office, Bethpage, New York, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, AFL - CIO, Local 2693, 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 American Federation of Government Employees, AFL - CIO, Local 2693, the exclusive representative of certain of its employees, 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 Local 2693 of the American Federation of Government Employees 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 of the Naval Plant Representative Office, Bethpage, New York, and shall be [ v31 p2 ] 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 II, 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., March 10, 1988.

Jerry L. Calhoun,        Chairman

Jean McKee,                Member

FEDERAL LABOR RELATIONS AUTHORITY

[ v31 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 American Federation of Government Employees, AFL - CIO, Local 2693, 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 American Federation of Government Employees, AFL - CIO, Local 2693, the exclusive representative of certain of our employees, 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 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 of the Federal Labor Relations Authority, Region II, whose address is: 26 Federal Plaza, Room 3700, New York, NY 10278, and whose telephone number is: (212) 264-4934. [PAGE]

NAVAL PLANT REPRESENTATIVE
OFFICE, BETHPAGE, NEW YORK

              Respondent

    and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
AFL-CIO, LOCAL 2693

              Charging Party

Case No. 2-CA-70178

Richard H. Greenberg, Esq.
         For the Respondent

Cecile O'Connor, Esq.
         For the General Counsel

Before: SALVATORE J. ARRIGO
         Administrative Law Judge

DECISION

Statement of the Case

This case arose 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. (herein the Statute).

Upon an unfair labor practice charge having been filed by the captioned Charging Party against the captioned Respondent, the General Counsel of the Federal Labor Relations Authority (herein the Authority), by the Regional Director for Region II, issued a Complaint and Notice of Hearing alleging Respondent violated section 7116(a)(1), (5) and (8) of the Statute when Respondent failed and refused to furnish the American Federation of Government Employees, AFL - CIO, Local 2693 (herein the Union) with the names and home addresses of bargaining unit employees which the Union had requested. Respondent filed an Answer to the Complaint [PAGE] in which some of the allegations were admitted and others denied.

Subsequently, counsel for the General Counsel filed a Motion for Summary Judgment with supporting documents and a brief in support of the motion. The matter was then transferred to the Office of Administrative Law Judges for ruling pursuant to section 2423.22(b) of the Rules and Regulations of the Authority. Thereupon counsel for Respondent filed a brief in opposition to counsel for the General Counsel's motion for summary judgment. Based upon my review and evaluation of the entire record before me, I make the following:

Findings of Fact

1. The original charge herein was filed by the Union on March 4, 1987 and amended twice thereafter. Said charges were all duly served on Respondent Naval Plant Representative Office, Bethpage, New York (herein NAVPRO).

2. At all times material the Union has been, and is now, a labor organization within the meaning of Section 7103(a)(4) of the Statute.

3. At all times material NAVPRO has been, and is now, a constituent entity within the Department of the Navy, an agency within the meaning of section 7103(a)(3) of the Statute.

4. At all times material Commander Peter V. Dabbieri, Jr. (herein Dabbieri)has occupied the position of Executive Officer at NAVPRO.

5. At all times material Dabbieri, has been, and is now, a supervisor or management official as defined in section 7103(a)(10) and (11), respectively, of the Statute and has been, and is now, an agent of NAVPRO acting on its behalf.

6. At all times material the Union has been, and is now, the recognized exclusive representative of a unit of certain employees of NAVPRO including all professional and non-professional employees employed in NAVPRO's Bethpage, New York office excluding all management officials, supervisors, employees engaged in Federal Personnel work in other than a purely clerical capacity, employees whose positions require a cryptographic authorization/clearance, [ v31 p2 ] the Commanding Officer's secretary, and confidential employees as defined in Title VII of the Civil Service Reform Act of 1978 (PL 95-454).

7. On or about November 24, 1986 the Union, by its agent, James T. McEnaney, requested that NAVPRO furnish the Union with the names and home addresses of all employees who are in the bargaining unit represented by the Union, as described in paragraph 6 above.

8.(a) The information requested in paragraph 7 above is maintained by NAVPRO in the regular course of business and is reasonably available.

(b) The information requested in paragraph 7 above is necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining.

(c) The information requested in paragraph 7 above does not constitute guidance, advice, counsel, or training provided for management officials or supervisors relating to collective bargaining.

(d) The furnishing by NAVPRO of the information described in paragraph 7 above to the Union is not prohibited by law.

9. Since on or about November 24, 1986 and at all times thereafter, NAVPRO, by its agent Dabbieri, has failed or refused, and continues to fail and refuse, to furnish to the Union the requested information referred to above in paragraph 7.

Discussion and Conclusions

The General Counsel, relying on the Authority's decision in Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA 788 (1986), contends Respondent violated section 7116(a)(1), (5) and (8) of the Statute when it refused to supply the Union with the names and home addresses of all bargaining unit employees. Respondent essentially contend the requirements of section 7114(b)(4) of the Statute have not been met in that: Respondent is prohibited by the Privacy Act, 5 U.S.C. 552a, from releasing the information, and; the data is not necessary for the Union to carry out its representational duties since [ v31 p 3 ] the Union has alternative means of communicating with bargaining unit employees. 1

Section 7114(b)(4) of the Statute provides in relevant part:

"(b) the duty of an agency and an exclusive representative to negotiate in good faith under subsection (a) of this section shall include the obligation . . .

"(4) in the case of an agency, to furnish to the exclusive representative involved, or its authorized representative, upon request and, to the extent not prohibited by law, data--

"(A) which is normally maintained by the agency in the regular course of business; (and)

"(B) which is reasonably available and necessary for full and proper discussion under-standing, and negotiation of subjects within the scope of collective bargaining . . ."

In Farmers Home Administration Finance Office, supra, the Authority held: (1) the disclosure of the names and addresses of bargaining unit employees to the exclusive representative was not prohibited by the Privacy Act; (2) an agency's possession of Official Personnel Files wherein can be found employees' addresses satisfies the requirements of section 7114(b)(4)(A) and (B) of the Statute that such data be normally maintained by the agency and reasonably available, and; (3) such data was necessary under section 7114(b)(4)(B) for unions to meet their statutory obligation to represent the interests of all employees in the unit without discrimination as required by section 7114(a)(1) of the Statute, notwithstanding the existence of alternative means by which a union might communicate to unit employees. In subsequent decisions the Authority followed Farmers Home [ v31 p4 ] Administration in deciding numerous cases which involved substantially the same issues. Philadelphia Naval Shipyard, 24 FLRA 37 (1986); Defense Mapping Agency Aerospace Center, St. Louis, Missouri, 24 FLRA 43 (1986); Social Security Administration, Northeastern Program Service Center, 24 FLRA 108 (1986); Department of the Navy, Portsmouth Naval Shipyard, 24 FLRA 209 (1986); Department of the Air Force, Scott Air Force Base, 24 FLRA 226 (1986); Department of Health and Human Services, Region V, 26 FLRA 460 (1987); Air Force District of Washington, 26 FLRA 542 (1987); Departments of the Army and Air Force, Army and Air Force Exchange Service Headquarters, Dallas, Texas and Army and Air Force Exchange Service, McClellan Air Force Base, California, 26 FLRA 691 (1987); 831 Combat Support Group (TAC), George Air Force Base, California, 28 FLRA No. 16 (1987); and 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).

The facts presented herein and the arguments raised by Respondent are not significantly different from those considered by the Authority in Farmers Home Administration and cases which followed thereafter, supra. In view of the Authority's holdings in the above cases I conclude Respondent's defenses to the failure and refusal to provide the Union with the names and home addresses of unit employees as requested by the Union to be without merit. I further conclude Respondent was obligated under section 7114(b) of the Statute to furnish the Union with the names and home addresses of unit employees and accordingly, I conclude Respondent's refusal to furnish such data violated section 7116(a)(1), (5) and (8) of the Statute and grant counsel for the General Counsel's motion for summary judgment. Therefore I recommend the Authority issue the following:

ORDER

Pursuant to section 2423.29 of the Rules and Regulations of the Federal Labor Relations Authority and section 7118 of the Statute, the Authority hereby orders that Naval Plant Representative Office, Bethpage, New York, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, AFL - CIO, Local 2693, the [ v31 p5 ] 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 American Federation of Government Employees, AFL - CIO, Local 2693, the exclusive representative of certain of its employees, the names and home addresses of all employees in the bargaining unit it represents.

(b) Post at all facilities where bargaining unit employees represented by the American Federation of Government Employees, AFL - CIO, Local 2693 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 of the Naval Plant Representative Office, Bethpage, New York, 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 II, Federal Labor Relations Authority, 26 Federal Plaza, Room 3700, New York, NY 10278, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply herewith.

SALVATORE J. ARRIGO
Administrative Law Judge

Dated: January 14, 1988
        Washington, D.C.

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                    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 American Federation of Government Employees, AFL - CIO, Local 2693, 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 the rights assured them by the Federal Service Labor - Management Relations Statute.

WE WILL furnish the Americ