31:0817(57)CA - Air Force, 323rd Flying Training Wing, Mather AFB, CA and AFGE Local 1692 -- 1988 FLRAdec CA



[ v31 p817 ]
31:0817(57)CA
The decision of the Authority follows:


31 FLRA No. 57

DEPARTMENT OF THE AIR FORCE
323RD FLYING TRAINING WING
MATHER AIR FORCE BASE, CALIFORNIA

              Respondent

      and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1692, AFL-CIO

              Charging Party

Case No. 9-CA-70270

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 Department of the Air Force, 323rd Flying Training Wing, Mather Air Force Base, California (the Respondent) violated section 7116(a)(1), (5), and (8) of the Federal Service Labor - Management Relations Statute (the Statute) by failing and refusing to provide the American Federation of Government Employees, Local 1692, AFL - CIO (Union) with the names and home addresses of bargaining unit employees located at Mather Air Force Base, California, who are paid from appropriated funds. The Respondent and the General Counsel filed briefs. For the reasons stated below, we find that the Respondent committed the unfair labor practices as alleged.

II. Facts

The Union is the exclusive representative of a unit of employees paid from appropriated funds and serviced by the Mather Air Force Base Central Civilian Personnel Office. The Union does not represent employees paid from nonappropriated funds. By letter dated November 28, 1986, the Union requested that the Respondent furnish it with "the names and [PAGE] home addresses of the bargaining unit employees; both appropriated and non-appropriated fund types." Stipulation, Exhibit 2. The union stated in its letter that its request was made pursuant to 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.

By letters dated December 8 and December 18, 1986, the Respondent acknowledged receipt of the Union's November 28 request. In its December 18 letter, the Respondent informed the Union that research into the "availability and . . . entitlement to (the requested home addresses was) taking longer than . . . anticipated." Additionally, the Respondent informed the Union that it would not be able to provide the Union with the "home addresses of the nonappropriated fund employees as they are represented by (the) National Association of Government Employees (NAGE)." Stipulation, Exhibit 4. By letter dated January 12, 1987, the Respondent refused to furnish the Union with the information requested.

The parties stipulated that the names and home addresses of appropriated fund unit employees: (1) were requested by the Union to carry out its representational duties and to administer a collective bargaining agreement between the parties; (2) do not constitute guidance, advice, counsel, or training provided to management officials or supervisors relating to collective bargaining; and (3) are maintained in the Respondent's appropriated fund payroll files. The parties further stipulated that the Respondent's personnel records identify employees by bargaining unit status.

III. Positions of the Parties

The General Counsel argues that the Authority's decision on remand in Farmers Home, in which the Authority concluded that section 7114(b)(4) of the Statute entitled the exclusive representative to the names and home addresses of employees in the bargaining unit, and subsequent cases relying on Farmers Home, are dispositive of the issue in this case. The General Counsel contends that the Respondent's [ v31 p2 ] failure to furnish the Union with its unit employees' home addresses violates section 7116(a)(1), (5), and (8) of the Statute.

The Respondent acknowledges that the Authority's decision in Farmers Home is dispositive, but urges us to reverse that decision. The Respondent argues that the release of the names and home addresses of employees is contrary to the Privacy Act, and maintains that it should not be required to release the information requested because the Union has alternative means of communicating with unit employees.

Further, the Respondent asserts that certain requirements of section 7114(b)(4) of the Statute are not met here. Specifically, the Respondent argues that the records are not normally maintained in the regular course of business because: (1) names and home addresses are in payroll records which are not identified by bargaining unit status; and (2) there is no automated record at the Respondent's facility which contains the names, home addresses, and bargaining unit status of appropriated fund civilian employees. The Respondent concedes that a list could be established by creating a computer program or could be created manually. Because such a list would have to be created, the Respondent argues that the data are not "reasonably available" as required by section 7114(b)(4)(B).

IV. Analysis and Conclusion

The arguments made by the Respondent in this case are similar to the arguments asserted by the agency in Farmers Home. In the Authority's Decision and Order on Remand in Farmers Home, the Authority concluded that the release of the names and home addresses of bargaining unit employees to their 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 established by section 7114(b)(4) of the Statute.

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. [ v31 p3 ] The Authority also determined that the release of the information is generally required without regard to whether alternative means of communication are available. The Respondent concedes that under Farmers Home the requirements of the Privacy Act have been met.

As to the Respondent's contention that the information sought by the Union is not normally maintained or reasonably available, the stipulation shows that the names and home addresses of employees are maintained and that identification of employees as to unit status is also maintained. Consequently, we find that the requirement of section 7114(b)(4)(A) has been met and that the information is reasonably available within the meaning of section 7114(b)(4)(B). See Department of the Air Force, 92D Combat Support Group, Fairchild Air Force Base, Washington, 28 FLRA 948, application for enforcement filed sub nom. FLRA v. Department of the Air Force, 92D Combat Support Group, Fairchild Air Force Base, Washington, No. 87-1515 (D.C. Cir. Sept. 23, 1987). Further, from the parties' stipulation, it is evident that the requirement of section 7114(b)(4)(C) has been met in this case.

Therefore, based on the parties' stipulation and the Authority's decision on remand in Farmers Home, we find that the Respondent was required to furnish the Union with the names and home addresses of employees in the bargaining unit it represents. The Respondent's refusal to do so violated section 7116(a)(1), (5), and (8) of the Statute. See 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 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). [ v31 p4 ]

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 Air Force, 323rd Flying Training Wing, Mather Air Force Base, California shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, Local 1692, AFL - CIO, the exclusive representative of a unit of its employees, the names and home addresses of all bargaining unit employees it represents located at Mather Air Force Base, California.

(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.

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 1692, AFL - CIO with the names and home addresses of all employees in the bargaining unit it represents located at Mather Air Force Base, California.

(b) Post at its facilities at Mather Air Force Base where bargaining unit employees represented by the American Federation of Government Employees, Local 1692, 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 Commanding Officer, 323rd Flying Training Wing, Mather Air Force Base, California and shall be posted in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted, and shall be maintained for 60 consecutive days thereafter. 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 IX, [ v31 p5 ] 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 16, 1988.

Jerry L. Calhoun, Chairman

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY

[ v31 p6 ]

                 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 1692, AFL - CIO, the exclusive representative of a unit of our employees, the names and home addresses of all bargaining unit employees it represents located at Mather Air Force Base, California.

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 the American Federation of Government Employees, Local 1692, AFL - CIO with the names and home addresses of all employees in the bargaining unit it represents located at Mather Air Force Base, California.

                               ____________________________
                                      (Activity)

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