31:1141(95)CA - Navy, Naval Station, Naval Base, Charleston, SC and FEMTC of Charleston, (FEMTCC) -- 1988 FLRAdec CA



[ v31 p1141 ]
31:1141(95)CA
The decision of the Authority follows:


31 FLRA No. 95

DEPARTMENT OF THE NAVY
NAVAL STATION, NAVAL BASE
CHARLESTON, SOUTH CAROLINA

                    Respondent

       and

FEDERAL EMPLOYEES METAL TRADES
COUNCIL OF CHARLESTON, (FEMTCC)

                    Charging Party

Case No. 4-CA-70321

DECISION AND ORDER

The Administrative Law Judge issued the attached decision in the above-entitled proceeding, finding that 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 home 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 and the General Counsel filed an opposition to the Respondent's 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 and find that no prejudicial error was committed. We affirm the rulings. Upon consideration of the Judge's decision 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, 836 F.2d 1139 (8th Cir. 1988). See also U.S. Department of the Navy and Philadelphia Naval Shipyard v. FLRA, No. 87-3005 (3d Cir. Mar. 2, 1988), enforcing [PAGE] 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), 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), 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 Statute, we order that Department of the Navy, Naval Station, Naval Base, Charleston, South Carolina, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the Federal Employees Metal Trades Council of Charleston, (FEMTCC), 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 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 Federal Employees Metal Trades Council of Charleston, (FEMTCC), with 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 Federal Metal Trades Council of Charleston, (FEMTCC), 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 [ v31 p2 ] be signed by the Commanding Officer of the Department of the Navy, Naval Station, Naval Base, Charleston, South Carolina, 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 IV, 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., April 13, 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 or fail to furnish, upon request of the Federal Employees Metal Trades Council of Charleston, (FEMTCC), 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 employees in the exercise of their rights assured by the Federal Service Labor - Management Relations Statute.

WE WILL furnish the Federal Employees Metal Trades Council of Charleston (FEMTCC), 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, Federal Labor Relations Authority, Region IV, whose address is: 1371 Peachtree Street, N.E., Suite 736, Atlanta, Georgia 30367, and whose telephone number is: (404) 347-2324. [PAGE]

DEPARTMENT OF THE NAVY,
NAVAL STATION, NAVAL BASE,
CHARLESTON, SOUTH CAROLINA

              Respondent

    and

FEDERAL EMPLOYEES METAL
TRADES COUNCIL OF CHARLESTON
(FEMTCC)

              Charging Party

Case No. 4-CA-70321

Nona J. Jordan
         For the Respondent

Richard S. Jones, Esq.
         For the General Counsel

Before:  WILLIAM NAIMARK
         Administrative Law Judge

DECISION

Statement of the Case

This case arises under the Federal Service Labor - Management Relations Statute, 5 U.S.C. 7101 et seq. (hereinafter called the Statute). Pursuant to a charge filed by Federal Employees Metal Trades Council of Charleston, (FEMTCC), (hereinafter called the Union) a Complaint and Notice of Hearing was issued on May 28, 1987 by the Regional Director, Region IV, Federal Labor Relations Authority, against Department of the Navy, Naval Station, Naval Base, Charleston, South Carolina (hereinafter called Respondent). [PAGE]

The Complaint alleged, in substance, that Respondent violated Section 7116(a)(1), and (5) and (8) of the Statute by failing and refusing to furnish the Union, upon request, the names, and home addresses of the bargaining unit employees represented by the Union as required by Section 7114(b)(4) of the Statute.

Respondent's Answer dated June 18, 1987, was duly filed. As to the Complaint, it admitted: (a) the jurisdictional allegations therein; (b) that on or about August 12, 1986 the Union, as the exclusive representative of an appropriate unit of Respondent's employees, requested the names and home addresses of bargaining unit employees; (c) that on or about September 5, 1986 an agent of Respondent denied the Union's request for the information; (d) that the names and home addresses so requested are normally maintained by Respondent in the regular course of business; (e) that such information is reasonably available; (f) that such information does not constitute guidance, advice, counsel or training for management officials or supervisors, relating to collective bargaining. Such matters are therefore found to be established.

Respondent's Answer denied that the information requested is necessary for full and proper discussion, understanding and negotiation of subjects within the scope of collective bargaining. Further, it denied the commission of any unfair labor practice in violation of Section 7116(a)(1), (5) and (8) of the Statute.

Under dated of July 9, 1987, General Counsel moved for summary judgment and submitted a brief in support thereof. By order dated July 9, 1987 the Regional Director transferred the Motion to the Chief Administrative Law Judge pursuant to Section 2423.22(b)(1) of the Rules and Regulations. The matter was duly assigned to the undersigned for disposition. Under date of July 15, 1987, Respondent duly filed its opposition to the Motion and filed its Motion To Dismiss General Counsel's Motion for Summary Judgment. A supporting memorandum was annexed thereto.

Respondent takes the position that it is not obliged under the Privacy Act, 5 U.S.C. 552a to furnish the names and home addresses of unit employees to the Union. It insists that (a) the information, which it would otherwise be required to furnish under the Freedom of Information Act (FOIA) 5 U.S.C. 552, is protected from disclosure under the exceptions set forth in 5 U.S.C.(b)(6); (b) home addresses [ v31 p2 ] do not fall within the exception (b)(3) of the Privacy Act, 5 U.S.C. 552(b)(3) as "routine use" of information to be disclosed; (c) disclosure is not necessary under 7114(b)(4) of the Statute since alternative means exist for the Union to communicate with employees.

The facts herein, as well as the contentions raised by Respondent, are substantially the same as were present in Farmers Home Administration Finance Office. St. Louis, Missouri, 23 FLRA 788 (1986), affirmed in U.S. Department of Agriculture, Farmers Home Finance Administration, St. Louis. Missouri v. FLEA, Nos. 86-2579, 87-1024 (8th Cir. Jan. 15, 1988). The Authority has held, with affirmance by the Second and Eighth Circuit Courts, that the release of names and home addresses of bargaining unit employees to the exclusive representative of those employees 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). Further, it determined that the release of the information is required without regard to whether alternative reans of communication are available. It therefore rejected in Farmers Home and later cases the argument that the release of the information sought by the Union herein is prohibited by law and is not necessary. See 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); United States Department of the Air Force, Scott Air Force Base, Illinois, Nos. 87-1143 and 87-1272 (7th Cir. January 27, 1988), affirming Department of the Air Force, Scott Air Force Base, Illinois, 24 FLRA 226; 22nd Combat Support Group (SAC), March Air Force Base, California, 30 FLRA No. 72 (1987); Department of Health and Human Services, Social Security Administration and Social Security Administration Field Operations, New York Region, 24 FLRA 583 (1986).

Based on the foregoing, it is concluded that Respondent's refusal and failure to furnish the Union herein with the names and home addresses of bargaining unit employees was violative of Section 7116(a)(1)(5) and (8) of the Statute.

Accordingly, the Motion by General Counsel for summary judgment is granted, and the cross notion by Respondent to dismiss General Counsel's Motion is denied. it is recommended that the Authority issue the following: [ v31 p3 ]

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 Navy, Naval Station, Naval Base, Charleston, South Carolina, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the Federal Employees Metal Trades Council of Charleston, (FEMTCC), 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 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 Federal Employees Metal Trades Council of' Charleston, (FEMTCC), the names and home addresses of all employees in the bargaining unit it represents.

(b) Post at its facilities where bargaining unit employees represented by the Federal Employees Metal Trades Council of Charleston, (FEMTCC), 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 Department of the Navy, Naval Station, Naval Base, Charleston, South Carolina 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. [ v31 p4 ]

(c) Pursuant to Section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Region IV, Federal Labor Relations Authority, in writing, within 3o days from the date of this Order as to what steps have been taken to comply.

WILLIAM NAIMARK
Administrative Law Judge

Dated:  February 10, 1988
        Washington, D.C.

[ v31 p5 ]

                  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 Federal Employees Metal Trades Council of Charleston, (FEMTCC), 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 employees in the exercise of their rights assured by the Federal Service Labor - Management Relations Statute.

WE WILL furnish the Federal Employees Metal Trades Council of Charleston, (FEMTCC), 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 any of its provisions, they may communicate directly with the Regional Director of the Federal Labor Relations Authority, Region IV, whose address is: 1371 Peachtree Street, N.E., Suite 736, Atlanta, Georgia 30367, and whose telephone number is: (404) 347-2324. [PAGE]



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