31:0866(63)CA - Air Force, 63rd Civil Engineers Squadron, Norton AFB, CA and AFGE, Interdepartmental Local 3854 -- 1988 FLRAdec CA



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31:0866(63)CA
The decision of the Authority follows:


31 FLRA No. 63

DEPARTMENT OF THE AIR FORCE
63RD CIVIL ENGINEERS SQUADRON
NORTON AIR FORCE BASE, CALIFORNIA

                   Respondent

         and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, INTERDEPARTMENTAL
LOCAL 3854, AFL-CIO

                   Charging Party

Case No. 8-CA-70666

DECISION AND ORDER

I. Statement of the Case

This unfair labor practice case is before the Authority in accordance with section 2429.1(a) of the Authority's Rules and Regulations, based on the parties' stipulation of facts. The complaint alleges that the Department of the Air Force, 63rd Civil Engineers Squadron, Norton 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, Interdepartmental Local 3854, AFL - CIO (the Union) with the names and home addresses of bargaining unit employees located at Norton Air Force Base, California. 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 composed of civilian employees of the Respondent's Fire Protection Branch, 63rd Civil Engineers Squadron, Norton Air Force Base, California. By letter dated July 29, 1987, the Union requested that the Respondent furnish it with the names and home addresses of all unit employees. By letter dated August 12, 1987, the Respondent refused to provide the Union with the employees' home addresses. [PAGE]

The parties stipulated that: (1) the names and home addresses of bargaining unit employees are maintained in the Respondent's payroll files; and (2) the Respondent's personnel records identify employees by bargaining unit status. The Respondent admitted that the information sought does not constitute guidance, advice, counsel, or training for management officials or supervisors relating to collective bargaining. Stipulation, Exhibit 1(d).

III. Positions of the Parties

The Respondent disagrees with the Authority's decision on remand in 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, 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. The Respondent contends that the release of the employees' home addresses is prohibited by law, specifically, certain provisions of the Privacy Act. The Respondent also cites Federal Personnel Manual (FPM) Supplement 711-1, Appendix C, which it contends prohibits the release of employees' names and home addresses under the "routine use" exemption of the Privacy Act without written permission from the employees concerned.

The Respondent contends that the information sought is not "normally maintained" or "reasonably available" within the meaning of section 7114(b)(4)(A) and (B) of the Statute because the Respondent does not maintain a separate listing of bargaining unit employees' names and home addresses, and that retrieving such a list from its systems of records would be unduly burdensome. The Respondent further contends that the information is not "necessary" within the meaning of section 7114(b)(4)(B) of the Statute because the Union did not provide any reason or justification for the information requested. Finally, the Respondent asserts that it should not be required to release the information requested because the Union has alternative means of communicating with employees.

The General Counsel contends that under the Authority's decision on remand in Farmers Home, the Respondent's conduct in this case violated section 7114(b)(4) of the Statute, and the Respondent's failure to furnish the bargaining unit employees' names and home addresses violates section 7116(a)(1), (5), and (8) of the Statute. The General Counsel further contends that all of the Respondent's arguments have [ v31 p2 ] been specifically rejected by the Authority in Farmers Home or in subsequent decisions of the Authority dealing with requests for the release of names and home addresses.

IV. Analysis and Conclusion

In the Authority's decision 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 also determined that the release of the information is generally required without regard to whether alternative means of communication are available.

The arguments made by the Respondent in this case are similar to the arguments asserted by the agency in Farmers Home. It is evident from the Respondent's answer to the complaint (Stipulation, Exhibit 1(d)) that the information requested "does not constitute guidance, advice, counsel, or training for management officials or supervisors relating to collective bargaining" within the meaning of section 7114(b)(4)(C) of the Statute. As to the Respondent's reliance on FPM Supplement 711-1, Appendix C, that Appendix was deleted, along with the entire supplement, on May 16, 1986. Essential material from the supplement was updated and incorporated into FPM chapter 711. The revised chapter does not contain a statement similar to that which the Respondent states was contained in Appendix C and on which it relies. See Veterans Administration Medical Center, Prescott Arizona, 28 FLRA 743, 744 (1987), application for enforcement filed sub nom. FLRA v. Veterans Administration Medical Center, Prescott, Arizona, No. 87-1470 (D.C. Cir. Sept. 8, 1987).

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). [ v31 p3 ]

We reject the Respondent's argument that it was justified in refusing the Union's request because the Union did not provide sufficient reasons for the necessity of the information. In Farmers Home, 23 FLRA at 795, the Authority held that "unlike requests for certain types of other information, an agency's duty to supply names and home addresses information does not depend upon any separate explanation by the union of its reasons for seeking the information." See also Department of the Navy, Naval Aviation Depot, Cherry Point, North Carolina, 30 FLRA 949, 956 (1988).

Therefore, we find that the Respondent was required to furnish the Union with the names and home addresses requested by the Union, and its 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).

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, 63rd Civil Engineers Squadron, Norton Air Force Base, California shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, Interdepartmental Local 3854, AFL - CIO, the exclusive representative of certain of its employees, the names and home addresses of all employees in the bargaining unit it represents at the Fire Protection Branch, 63rd Civil Engineers Squadron, Norton Air Force Base, California. [ v31 p4 ]

(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, Interdepartmental Local 3854, AFL - CIO with the names and home addresses of all employees in the bargaining unit it represents at the Fire Protection Branch, 63rd Civil Engineers Squadron, Norton Air Force Base, California.

(b) Post at the Norton Air Force Base, California facility where bargaining unit employees represented by the American Federation of Government Employees, Interdepartmental Local 3854, 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 Commander, Norton Air Force Base, 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 VIII, 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 18, 1988.

Jerry L. Calhoun,        Chairman

Jean McKee,                Member

FEDERAL LABOR RELATIONS AUTHORITY

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                  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, Interdepartmental Local 3854, AFL - CIO, the exclusive representative of certain of our employees, the names and home addresses of all employees in the bargaining unit it represents at the Fire Protection Branch, 63rd Civil Engineers Squadron, Norton Air Force Base, California.

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 American Federation of Government Employees, Interdepartmental Local 3854, AFL - CIO with the n