31:1061(86)CA - VA, Washington, DC and VA Supply Depot, Hines, IL and VA, Washington, DC and VA Marketing Center, Hines, IL and VA, Washington, DC and VA Lakeside Medical Center, Chicago, IL and General Service Employees Union, Local 73, SEIU -- 1988 FLRAdec CA



[ v31 p1061 ]
31:1061(86)CA
The decision of the Authority follows:


31 FLRA No. 86

VETERANS ADMINISTRATION,
WASHINGTON, D.C. AND
VETERANS ADMINISTRATION
SUPPLY DEPOT, HINES, ILLINOIS

      and

VETERANS ADMINISTRATION,
WASHINGTON, D.C. AND
VETERANS ADMINISTRATION
MARKETING CENTER
HINES, ILLINOIS

      and

VETERANS ADMINISTRATION,
WASHINGTON, D.C. AND
VETERANS ADMINISTRATION
LAKESIDE MEDICAL CENTER,
CHICAGO, ILLINOIS

                   Respondents

      and

GENERAL SERVICE EMPLOYEES
UNION, LOCAL 73, SEIU, AFL-CIO

                   Charging Party

Case Nos. 5-CA-70347
          5-CA-70348
          5-CA-70365

DECISION AND ORDER

The Administrative Law Judge issued the attached decision in this case, finding that the Respondents had engaged in the unfair labor practices alleged in the consolidated complaint by refusing to furnish, upon request of the Charging Party (the Union), the names and home [PAGE] addresses of bargaining unit employees. The Judge granted the General Counsel's notion for summary judgment and recommended that the Respondent be ordered to take appropriate remedial action. The Respondent filed exceptions to the Judge's Decision.

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 and find that no prejudicial error was committed. The rulings are hereby affirmed. 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. 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, 838 F.2d 229 (7th Cir. 1988), petition for rehearing filed Mar. 16, 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 Veterans Administration, Washington, D.C. and Veterans Administration Supply Depot, Hines, Illinois and the Veterans Administration, Washington, D.C. and Veterans Administration Marketing Center, Hines, Illinois and the Veterans Administration, Washington, D.C. and Veterans Administration Lakeside Medical Center, Chicago, Illinois, shall each: [ v31 p2 ]

1. Cease and desist from:

(a) Refusing to furnish, upon request of the General Service Employees Union, Local 73, SEIU, AFL - CIO, the exclusive representative of its employees, the names and home addresses of all bargaining unit employees employed at the Veterans Administration Supply Depot, Hines, Illinois and the Veterans Administration Marketing Center, Hines, Illinois and the Veterans Administration Lakeside Medical Center, Chicago, Illinois.

(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 names and home addresses of all bargaining unit employees as requested by the General Service Employees Union, Local 73, SEIU, AFL - CIO.

(b) Post at the Veterans Administration Supply Depot, Hines, Illinois and the Veterans Administration Marketing Center, Hines, Illinois and the Veterans Administration Lakeside Medical Center, Chicago, Illinois, 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 of the Veterans Administration Supply Depot, Hines, Illinois and the Veterans Administration Marketing Center, Hines, Illinois and the Veterans Administration Lakeside Medical Center, Chicago, Illinois, 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 V, Federal Labor Relations Authority, in writing, within 30 [ v31 p3 ] days from the date of this Order as to what steps have been taken to comply.

Issued, Washington, D.C., March 30, 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 General Service Employees Union, Local 73, SEIU, 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 their rights assured them by the Federal Service Labor - Management Relations Statute.

WE WILL furnish the General Service Employees Union, Local 73, SEIU, AFL - CIO, with the names and home addresses of all 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, Region V, Federal Labor Relations Authority, whose address is: 175 W. Jackson Boulevard, Suite 1359-A, Chicago, IL 60604, and whose telephone number is: (312) 353-6306. [PAGE]

VETERANS ADMINISTRATION,
WASHINGTON, D.C. and
VETERANS ADMINISTRATION
SUPPLY DEPOT, HINES, ILLINOIS

              Respondent

    and

GENERAL SERVICE EMPLOYEES
UNION, LOCAL 73, SEIU, AFL-CIO

              Charging Party

Case No. 5-CA-70347

    and

VETERANS ADMINISTRATION,
WASHINGTON, D.C. and
VETERANS ADMINISTRATION
MARKETING CENTER,
HINES, ILLINOIS

              Respondent

    and

GENERAL SERVICE EMPLOYEES
UNION, LOCAL 73, SEIU, AFL-CIO

              Charging Party

Case No. 5-CA-70348

    and

VETERANS ADMINISTRATION,
WASHINGTON, D.C. and
VETERANS ADMINISTRATION
LAKESIDE MEDICAL CENTER,
CHICAGO, ILLINOIS

              Respondent

    and

GENERAL SERVICE EMPLOYEES
UNION, LOCAL 73, SEIU, AFL-CIO

              Charging Party

Case No. 5-CA-70365

NOTICE OF TRANSMITTAL OF DECISION

The above-entitled case having been heard before the undersigned Administrative Law Judge pursuant to the Statute and the Final Rules and Regulations of the Authority, the [PAGE] undersigned herein serves his Decision, a copy of which is attached hereto, on all parties to the proceeding on this date, and this case is hereby transferred to the Federal Labor Relations Authority pursuant to 5 C.F.R. 2423.26(b).

PLEASE BE ADVISED that the filing of exceptions to the attached Decision, is governed by 5 C.F.R. 2423.26(c) through 2423.29, 2429.21 through 2429.25 and 2429.27.

Any such exceptions must be filed on or before January 4, 1988, and addressed to:

               Federal Labor Relations Authority
               500 C Street, S.W., Docket Room 213
               Washington, D.C. 20424

BURTON S. STERNBURG
Administrative Law Judge

Dated: December 2, 1987
        Washington, D.C.

VETERANS ADMINISTRATION,
WASHINGTON, D.C. and
VETERANS ADMINISTRATION
SUPPLY DEPOT, HINES, ILLINOIS

              Respondent

    and

GENERAL SERVICE EMPLOYEES
UNION, LOCAL 73, SEIU, AFL-CIO

              Charging Party

Case No. 5-CA-70347

    and

VETERANS ADMINISTRATION,
WASHINGTON, D.C. and
VETERANS ADMINISTRATION
MARKETING CENTER,
HINES, ILLINOIS

              Respondent

    and

GENERAL SERVICE EMPLOYEES
UNION, LOCAL 73, SEIU, AFL-CIO

              Charging Party

Case No. 5-CA-70348

    and

VETERANS ADMINISTRATION,
WASHINGTON, D.C. and
VETERANS ADMINISTRATION
LAKESIDE MEDICAL CENTER,
CHICAGO, ILLINOIS

              Respondent

    and

GENERAL SERVICE EMPLOYEES
UNION, LOCAL 73, SEIU, AFL-CIO,

              Charging Party

Case No. 5-CA-70365

Susanne S. Matlin, Esquire
         For the General Counsel

[PAGE]

Richard A. Lowell, Esquire
        For the Respondent

Before: BURTON S. STERNBURG
        Administrative Law Judge

DECISION

Statement of the Case

This is a proceeding 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. and the Rules and Regulations issued thereunder.

Pursuant to amended charges filed in Case Nos. 5-CA-70347, 5-CA-70348 and 5-CA-70365 on July 29, 1987, 1 by the General Service Employees Union, Local 73, SEIU, AFL - CIO (hereinafter called the Union or Local 73), a Consolidated Complaint and Notice of Hearing was issued on August 17, 1987, by the Regional Director for Region V, Federal Labor Relations Authority, Chicago, Illinois. The Consolidated Complaint alleges that the Veterans Administration, Washington, D.C. and the Veterans Administration Supply Depot, Hines, Illinois and the Veterans Administration Marketing Center, Hines, Illinois and Veterans Administration Lakeside Medical Center, Chicago, Illinois, (hereinafter collectively called the Respondent), violated Sections 7116 (a)(1), (5) and (8) of the Federal Service Labor - Management Relations Statute, (hereinafter called the Statute) by failing and refusing to furnish the Union the names and home addresses of bargaining unit members employed in the Veterans Administration Supply Depot, Hines Illinois, Veterans Administration marketing Center, Hines, Illinois and the Veterans Administration Lakeside Medical Center, Chicago, Illinois facilities.

On September 11, 1987, Respondent filed an Answer wherein it denied the commission of any unfair labor practices but admitted all the material factual allegations of the Complaint.

On October 6, 1987, Counsel for the General Counsel filed with the Regional Director for Region V a Motion For [ v31 p2 ] Summary Judgment along with an "Analysis" of existing Federal Labor Relations Authority cases in support thereof. On the same date, the Regional Director for Region V, pursuant to Section 2423.22(b)(1) of the Federal Labor Relations Authority's Rules and Regulations transferred the General Counsel's Motion For Summary Judgment to the Chief Administrative Law Judge for Decision. The matter was subsequently assigned to the undersigned Administrative Law Judge for decision on the Motion For Summary Judgment. On October 15, 1987, Counsel for the Respondent filed a "Response To Motion For Summary Judgment" wherein he contended that inasmuch as a material issue of fact exists the Motion For Summary Judgment should be denied.

Having read the Complaint and Respondent's Answer thereto, as well as the respective motions, responses and arguments in support thereof, I am convinced, based primarily upon the Federal Labor Relations Authority's decision in Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA 788, that a hearing in the instant matter is not necessary since there is no material fact in dispute.

Accordingly, upon the basis of the above described record, and after consideration of the parties briefs and arguments, I make the following findings of fact, conclusions and recommendations.

Findings of Fact

1(a). At all times material herein, the Service Employees International Union, AFL - CIO, CLC, has been certified as the exclusive representative of a consolidated unit of employees of the Veterans Administration including, inter alia, all wage grade administration employees and all General Schedule regular workforce employees at the Supply Depot, all General Schedule regular workforce employees at the Marketing Center and all Lakeside Medical Center employees and Veterans Canteen Service employees assigned to the Lakeside Medical Center with certain exclusions not material herein.

(b). At all times material herein, the Union has been an agent of the Service Employees International Union, AFL - CIO, CLC, with respect to all the employees described above in paragraph 1(a).

(c). At all times material herein, Respondent and the Service Employees International Union, AFL - CIO, CLC, have [ v31 p3 ] been parties to a Master Agreement, covering, inter alia, the employees described above in paragraph 1(a).

2(a). On June 26, 1987, the Union requested that Respondent, by Earl N. Hill, furnish to the Union the names and home addresses of all bargaining unit employees employed at the Supply Depot.

(b). On June 26, 1987, the Union requested that Respondent, by J. E. Lykins, furnish to the Union the names and home addresses of all bargaining unit employees employed at the Marketing Center.

(c). On June 26, 1987, the Union requested that Respondent, by Joseph L. Moore, furnish to the Union the names and home addresses of all bargaining unit employees employed at the Lakeside Medical Center.

(d). By letter dated June 30, 1987, Respondent, by Carol J. Martin, Director of Personnel (Marketing Center and Supply Depot), refused to provide to the Union the names and home addresses of all bargaining unit employees at the Marketing Center.

(e). By letter dated June 30, 1987, Respondent, by Carol J. Martin, refused to provide to the Union the names and home addresses of the bargaining unit employees at the Supply Depot.

(f). By letter dated July 7, 1987, Respondent, by Joseph L. Moore, Director (Lakeside Medical Center) refused to provide to the Union the names and home addresses of bargaining unit employees at the Lakeside Medical Center.

(g). Since June 30, 1987, and continuing to date, Respondent has failed and/or refused to provide to the Union the names and home addresses of bargaining unit employees as requested and described in paragraphs 2(a), (b) and (c).

3(a). The requested information described above in paragraphs 2(a), (b) and (c) does not constitute guidance, advice, counsel or training for management officials or supervisors, relating to collective bargaining.

(b). Names and home addresses of bargaining unit employees are contained in the Official Personnel Folder (OPF) of each employee and the OPF's are located in the Personnel Offices at either the Supply Depot in Hines, Illinois, or the Lakeside Medical Center in Chicago, Illinois. [ v31 p4 ]

(c). Names and home addresses of bargaining unit employees are contained in the Veterans Administration computerized payroll system located in Austin, Texas. 2

Discussion and Conclusions

The General Counsel takes the position that the Authority's decisions in Farmers Home Administration Finance Office, St. Louis, Missouri, supra and Veterans Administration, Washington, D.C. and Edith Nourse Rogers Memorial Veterans Hospital (Bedford, Massachusetts), 27 FLRA No. 84 are dispositive of all issues raised by Respondent in defense of its actions and that summary judgment in his favor is in order.

Respondent on the other hand appears to defend its action on the ground that the Privacy Act of 1974, 5 U.S.C. 552a, prohibits the release of the home addresses of the bargaining unit employees, that there has been no showing that the home addresses are necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of bargaining, and that there has been no showing that the requested information is normally maintained in the regular course of business and reasonably available at a modest expense. In this latter connection Respondent has submitted a number of affidavits indicating that the requested information is not normally maintained in the regular course of business and "that compilation of same would consume great quantities of time and significantly disrupt the normal course of business."

In agreement with the General Counsel I find that the above cited decisions of the Authority are dispositive of all Respondent's contentions and/or defenses. Thus, the Authority has held in Farmers Home Administration Finance Office, St. Louis, Missouri, supra, that the release of the names and home addresses of unit employees is not prohibited by the Privacy Act, that regardless of the existence of [ v31 p5 ] alternative means of communication the names and home addresses of unit employees should be supplied to the Union on request, and that the exclusive representative need not offer any explanation as to the reasons it seeks such information since the Union's need "is so apparent and essentially related to the nature of exclusive representation itself. . ."

In Veterans Administration, Washington, D.C. and Edith Nourse Rogers Memorial Hospital (Bedford Massachusetts), supra, the Authority had an opportunity to consider similar arguments to those raised here by Respondent as to the availability of the request information and concluded that since the names and home addresses of the bargaining unit employees were in the personnel files maintained at the respective installations as well as the Veterans Administration's centralized computer system in Austin, Texas, 3 the names and home addresses were normally maintained by Respondent and reasonably available within the meaning of the Statute.

Accordingly, based upon the Respondent's answers to the allegations of the Complaint as well as the Authority's holdings set forth above, and since the Union's request meets all the requirements of Section 7114(b)(4) of the Statute, I find that Respondent's refusal to furnish the Union with the names and home addresses of bargaining unit employees constituted a violation of Sections 7116(a)(1), (5) an (8) of the Statute. In such circumstances, I hereby grant the General Counsel's Motion For Summary Judgment.

Having found that Respondent violated the Statute by refusing to supply the Union with the names and home addresses of the bargaining unit employees, it is hereby recommended that the Authority adopt the following order designed to effectuate the purposes and policies of the Statute.

ORDER

Pursuant to Section 2423.29 of the Federal Labor Relations Authority's Rules and Regulations and Section 7118 [ v31 p6 ] of the Federal Service Labor - Management Relations Statute, 5 U.S.C., Section 7118, it is ordered that the Veterans Administration, Washington, D.C. and the Veterans Administration Supply Depot, Hines, Illinois and the Veterans Administration Marketing Center, Hines, Illinois and the Veterans Administration Lakeside Medical Center, Chicago, Illinois, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request, to the General Service Employees Union, Local 73, SEIU, AFL - CIO, the exclusive representative of its employees, the names and home addresses of all bargaining unit employees employed at the Veterans Administration Supply Depot, Hines, Illinois and the Veterans Administration Marketing Center, Hines, Illinois and the Veterans Administration Lakeside Medical Center, Chicago, Illinois.

(b) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of their 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 names and home addresses of all bargaining unit employees as requested by the General Service Employees Union, Local 73, SEIU, AFL - CIO.

(b) Post at the Veterans Administration Supply Depot, Hines, Illinois and the Veterans Administration Marketing Center, Hines, Illinois and the Veterans Administration Lakeside Medical Center, Chicago, Illinois, 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 responsible official of the Veterans Administration Supply Depot, Hines, Illinois and the Veterans Administration Marketing Center, Hines, Illinois and the Veterans Administration Lakeside [ v31 p7 ] Medical Center, Chicago, Illinois, 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 insure 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 V, Federal Labor Relations Authority, 175 W. Jackson Boulevard, Suite 1359-A, Chicago, Illinois 60604 in writing, within 30 days from the date of this Order, as to what steps have been taken to comply herewith.

BURTON S. STERNBURG
Administrative Law Judge

Dated: December 2, 1987
       Washington, D.C.

[ v31 p8 ]

                    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 have been found by the Federal Labor Relations Authority to have committed an unfair labor practice. We have been ordered to post this Notice and abide by its provisions.

WE WILL NOT refuse or fail to furnish, upon request, to the General service Employees union,