37:0550(40)CA - - Navy, Naval Communications Unit Cutler, East Machias, ME and AFGE Local 2635 - - 1990 FLRAdec CA - - v37 p550
[ v37 p550 ]
The decision of the Authority follows:
37 FLRA No. 40
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF THE NAVY
NAVAL COMMUNICATIONS UNIT CUTLER
EAST MACHIAS, MAINE
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
DECISION AND ORDER
September 26, 1990
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
The Administrative Law Judge issued the attached decision finding that the Respondent had engaged in the unfair labor practices alleged in the complaint by refusing to furnish, upon request of the Union, the names and home addresses of bargaining unit employees. The Judge granted the General Counsel's motion for summary judgment, denied the Respondents' motion to dismiss the General Counsel's motion, and recommended that Respondent be ordered to take appropriate remedial action. The Respondent filed exceptions to the Judge's decision. No opposition to the exceptions was filed.
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 affirmed. Upon consideration of the Judge's decision, the exceptions, and the entire record, we adopt the Judge's findings, conclusions and recommended Order, for the reasons fully set forth in U.S. Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire, 37 FLRA No. 39 (1990) (Portsmouth Naval Shipyard).(*)
With regard to the Respondent's request that we apply the rationale of the United States Court of Appeals for the 8th Circuit in United States Department of Agriculture v. FLRA, 836 F.2d 1139, 1144 (8th Cir. 1988), vacated on other grounds and remanded, 109 S. Ct. 831 (1989) "requiring disclosure of the names and addresses of only those employees who do not request [the Respondent] to keep the information confidential," we note that in Portsmouth Naval Shipyard we have emphasized that employees retain the ability to make such a choice. (Portsmouth Naval Shipyard), 37 FLRA No. 39, slip op. at 19 (1990). We do not, however, believe that the labor relations process is enhanced by requiring such a limitation on unions' statutory rights. Further, the Supreme Court of the United States vacated the judgment of the 8th Circuit during the pendency of this case. 109 S. Ct. 831 (1989). Finally, in view of our decision in Portsmouth Naval Shipyard that disclosure of names and home addresses is not barred by either the Freedom of Information Act, 5 U.S.C. §552 (1988), or the Privacy Act of 1974, 5 U.S.C. §552a (1988), we accord no weight to Respondent's argument that Agency regulations SECNAVINST 5720.42C and 5211.5C provide that those statutes preclude such disclosure.
The Union's request for the names and home addresses of unit employees satisfies the requirements of section 7114(b)(4). Therefore, the Respondent was required to provide the data requested by the Union and the refusal to do so violated section 7116(a)(1), (5) and (8) of the Statute.
Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, the Department of the Navy, Naval Communications Unit Cutler, East Machias, Maine, shall:
1. Cease and desist from:
(a) Refusing to furnish, upon request of the American Federation of Government Employees, AFL-CIO, Local 2635, the exclusive representative 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) Upon request by the American Federation of Government Employees, AFL-CIO, Local 2635, the exclusive representative of its employees, furnish it with 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 American Federation of Government Employees, AFL-CIO, Local 2635, 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 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 I, 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 to furnish, upon request of the American Federation of Government Employees, AFL-CIO, Local 2635, the exclusive representative of its employees, the names and home addresses of all employees in the bargaining unit it represents.