37:0628(46)CA - - Navy, Washington, DC and Pensacola Navy Exchange, Pensacola, FL and United Food and Commercial Workers Union, Local 1657 - - 1990 FLRAdec CA - - v37 p628

Other Files: 


[ v37 p628 ]
37:0628(46)CA
The decision of the Authority follows:


37 FLRA No. 46

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF THE NAVY

WASHINGTON, D.C.

AND

PENSACOLA NAVY EXCHANGE

PENSACOLA, FLORIDA

(Respondents)

and

UNITED FOOD AND COMMERCIAL WORKERS UNION

LOCAL 1657

(Charging Party)

4-CA-80807

DECISION AND ORDER

September 27, 1990

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

The Administrative Law Judge issued the attached decision in the above-entitled proceeding, finding that the Department of Defense, Department of the Navy, Pensacola Navy Exchange, Pensacola, Florida (Respondent Activity) 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 also found that the Department of Defense, Department of the Navy, Washington, D.C. (Respondent Agency) had not committed the unfair labor practices alleged in the complaint by: (1) refusing to furnish, upon request of the Charging Party, the names and home addresses of bargaining unit employees; and

(2) interfering with the bargaining relationship between the Respondent Activity and the Charging Party by instructing the Respondent Activity not to supply the Charging Party with the requested information.

The Judge granted the General Counsel's motion for summary judgment and recommended that the Respondent Activity be ordered to take appropriate remedial action. The Respondent Activity filed exceptions to the Judge's Decision and the General Counsel filed an opposition to the Respondent Activity'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. The rulings are hereby affirmed. Upon consideration of the Judge's Decision and the entire record, we adopt the Judge's findings, conclusions and recommended Order, as modified,(*) for the reasons fully set forth in U.S. Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire, 37 FLRA No. 39 (1990).

II. 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 Defense, Department of the Navy, Pensacola Navy Exchange, Pensacola, Florida shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the United Food and Commercial Workers Union, Local 1657, AFL-CIO, CLC, Birmingham, Alabama, 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 ord