32:0437(67)CA - - Justice, INS, Western Regional Office, San Pedro, CA and AFGE, National Border Patrol Council, Local 1613 - - 1988 FLRAdec CA - - v32 p437

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[ v32 p437 ]
32:0437(67)CA
The decision of the Authority follows:


32 FLRA No. 67

UNITED STATES OF AMERICA
BEFORE THE
FEDERAL LABOR RELATIONS AUTHORITY
WASHINGTON, D.C.

 

UNITED STATES DEPARTMENT OF
JUSTICE, IMMIGRATION AND
NATURALIZATION SERVICE
WESTERN REGIONAL OFFICE
SAN PEDRO, CALIFORNIA
Respondent

and 

NATIONAL BORDER PATROL
COUNCIL, AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES
LOCAL 1613, AFL-CIO
Charging Party

Case No. 8-CA-70395

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 motion for summary judgment and recommended that the Respondents 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.

The Respondent raised concerns regarding the release of names and home addresses of its employees because employees sometimes are confronted with dangerous individuals in the course of their work. The Respondent asserts that the names and home addresses could be susceptible to misuse by the unauthorized release of the home addresses. The Respondent, however, has not presented evidence that its employees would be in any danger if names and home addresses were released to the Union. In 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), we stated that "[d]isclosure need not be made in situations where, for example, the evidence discloses that a union has acted in a manner which leads to the conclusion that the employees whose addresses would be disclosed would be in imminent danger if the union knew where they live. See, for example, Shell Oil Co. v. NLRB, 457 F.2d 615 (9th Cir. 1972)." 23 FLRA at 798. The Respondent has not presented evidence to support such a conclusion in this case. See Department of Justice, U.S. Immigration and Naturalization Service, Atlanta, Georgia, 32 FLRA No. 57 (1988).

Accordingly, upon consideration of the Judge's Decision and the entire record, we adopt the Judge's findings, conclusions and recommended Order. See Farmers Home. See also United States Department of the Navy and Philadelphia Naval Shipyard v. FLRA, 840 F.2d 1131 (3d Cir. 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), 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 Federal Service Labor-Management Relations Statute, the U.S. Department of Justice, Immigration and Naturalization Service, Western Regional Office, San Pedro, California shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the National Border Patrol Council, American Federation of Government Employees, Local 1613, AFL-CIO, 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 National Border Patrol Council, American Federation of Government Employees, Local 1613, AFL-CIO, the exclusive representative of a bargaining unit 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 National Border Patrol Council, American Federation of Government Employees, Local 1613, 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 Associate Regional Commissioner, Management, Western Regional Office, Immigration and Naturalization Service 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.,

_______________________________
Jerry L. Calhoun, Chairman
Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY

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 National Border Patrol Council, American Federation of Government Employees, Local 1613, 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 National Border Patrol Council, American Federation of Government Employees, Local 1613, AFL-CIO, the exclusive representative of a bargaining unit of certain of our employees, the names and home addresses of all employees in the bargaining unit it represents.

____________________________
(Activity)

Dated:___________ By:___________________________