33:0138(16)CA - - Navy, Naval Aviation Depot, Naval Air Station Alameda, Alameda, CA and IAM Local 739 - - 1988 FLRAdec CA - - v33 p138



[ v33 p138 ]
33:0138(16)CA
The decision of the Authority follows:


33 FLRA No. 16

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

DEPARTMENT OF THE NAVY

NAVAL AVIATION DEPOT

NAVAL AIR STATION ALAMEDA

ALAMEDA, CALIFORNIA

(Respondent)

and

INTERNATIONAL ASSOCIATION OF MACHINISTS

AND AEROSPACE WORKERS

LOCAL 739

AFL-CIO

(Charging Party)

9-CA-80292

DECISION AND ORDER

October 14, 1988

Before Chairman Calhoun and Member McKee.

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 a stipulation of facts by the parties, who have agreed that no material issues of fact exist.

The complaint alleges that the Department of the Navy, Naval Aviation Depot, Naval Air Station Alameda, Alameda, California 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 International Association of Machinists and Aerospace Workers, Local 739, AFL-CIO (the Union) with the names and home addresses of bargaining unit employees. For the reasons stated below, we find that the Respondent committed the unfair labor practice as alleged.

II. Facts

The International Association of Machinists and Aerospace Workers, Local 739, AFL-CIO, is the exclusive representative of a unit of nonsupervisory, noncraft wage grade employees and a unit of production controllers at the Respondent's Alameda, California location. By letter dated March 24, 1988, the Union requested that the Respondent furnish it with a list of the names and home addresses of bargaining unit employees it represented. The Union stated in its letter that the request was made because the Statute required it "to carry out [its] representational duties and to properly administer the Collective Bargaining Agreements identified with each of the two . . . Bargaining Units." Stipulation, Exhibit 2. By letter dated April 11, 1988, the Respondent refused to provide the Union with the names and home addresses.

The parties stipulated that the names and home addresses of bargaining unit employees are normally maintained by Respondent in the regular course of business, are reasonably available, and do not constitute guidance, counsel, or training provided for management officials or supervisors relating to collective bargaining.

III. Positions of the Parties (*)

The General Counsel argues that the Authority's decision on remand 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), petition for cert. filed, 57 U.S.L.W. 3186 (U.S. Aug. 26, 1988) (No. 88-349), 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, is dispositive of the issue in the case. The General Counsel contends that the Respondent's admitted failure to furnish the employees' names and home addresses constitutes a clear violation of section 7116(a)(1), (5), and (8) of the Statute.

IV. Analysis and Conclusion

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 also determined that the release of the information is generally required without regard to whether alternative means of communication are available. Further, from the parties' stipulation, it is evident that the other requirements of section 7114(b)(4)(A), (B), and (C) have been met in this case.

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 units. The Respondent's refusal to do so violated section 7116(a)(1), (5), and (8) of the Statute. 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 Department of the Navy, Naval Aviation Depot, Naval Air Station Alameda, Alameda, California, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the International Association of Machinists and Aerospace Workers, Local 739, AFL-CIO, the exclusive representative of certain of its employees, the names and home addresses of all employees in the bargaining units 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 International Association of Machinists and Aerospace Workers, Local 739, AFL-CIO, the exclusive representative of certain of its employees, the names and home addresses of all employees in the bargaining units it represents.

(b) Post at all facilities where bargaining unit employees represented by the International Association of Machinists and Aerospace Workers, Local 739, 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, Naval Aviation Depot, Alameda, 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, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order as to what steps have been taken to comply.

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 International Association of Machinists and Aerospace Workers, Local 739, AFL-CIO, the exclusive representative of certain of our employees, the names and home addresses of all employees in the bargaining units it represents.

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 International Association of Machinists and Aerospace Workers, Local 739, AFL-CIO, the exclusive representative of certain of our employees, the names and home addresses of all employees in the bargaining units 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 IX, Federal Labor Relations Authority, whose address is: 901 Market Street, Suite 220, San Francisco, California 94103, and whose telephone number is: (415) 995-5000.




FOOTNOTES:
(If blank, the decision does not have footnotes.)
 

*/ The Respondent's brief was untimely filed and has not been considered. The brief was due not later than September 19, 1988. The brief was ma