37:0647(48)CA - - Navy, Navy Resale and Services Support Office, Field Support Office, Auburn, WA and AFGE Local 2600 - - 1990 FLRAdec CA - - v37 p647



[ v37 p647 ]
37:0647(48)CA
The decision of the Authority follows:


37 FLRA No. 48

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF THE NAVY

NAVY RESALE AND SERVICES SUPPORT OFFICE

FIELD SUPPORT OFFICE

AUBURN, WASHINGTON

(Respondent)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 2600

(Charging Party)

9-CA-80408

DECISION AND ORDER

September 27, 1990

Before Chairman McKee and Members Talkin and Armendariz.

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 issue of fact exists.

The complaint alleges that the Respondent 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 Union with the names and home addresses of bargaining unit employees represented by the Union. For the reasons stated below, we find that the Respondent committed the unfair labor practice as alleged.

II. Facts

The Union is the exclusive representative of a unit of nonprofessional, nonsupervisory appropriated fund employees employed by the Respondent. By letter dated June 2, 1988, the Union requested the Respondent to furnish it with "the home mailing addresses for all the appropriated fund employees . . . for the purpose of mailing material to them." Stipulation, Exhibit 2. By letter dated June 14, 1988, the Respondent refused to provide the Union with the home addresses.

The parties stipulated that the names and home addresses of bargaining unit employees are normally maintained by the Respondent in the regular course of business, are reasonably available within the meaning of section 7114(b)(4) of the Statute, and do not constitute guidance, advice, counsel, or training provided to management officials or supervisors relating to collective bargaining. Stipulation at 2-3, paragraph 9.

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) (Farmers Home), 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.

The Respondent disagrees with the Authority's rationale in its decision on remand in Farmers Home and its application to this case. The Respondent argues that the release of the employees' home addresses is prohibited by law, specifically, certain provisions of the Freedom of Information Act, 5 U.S.C. § 552 and the Privacy Act, 5 U.S.C. § 552a. The Respondent also argues that Federal Personnel Manual (FPM) Chapter 294, Appendix C prohibits release of the employees' home addresses to labor organizations.

IV. Analysis and Conclusion

In U.S. Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire, 37 FLRA No. 39 (1990) (Portsmouth Naval Shipyard), the Authority reaffirmed Farmers Home and 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. Finally, we reject the Respondent's assertion concerning FPM Chapter 294, Appendix C. Appendix C was deleted on March 12, 1985, when Chapter 294 was revised, and the revised chapter contains no statement similar to that which was contained in Appendix C.

Accordingly, based on the parties' stipulation and the Authority's decision in Portsmouth Naval Shipyard, we find that the Respondent was required to furnish the Union with the names and home addresses of employees in the bargaining unit. Its refusal to do so violated section 7116(a)(1), (5), and (8) of the Statute.

V. 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 the Navy, Navy Resale and Services Support Office, Field Support Office, Auburn, Washington shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, Local 2600, 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 American Federation of Government Employees, Local 2600, 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) Post at its facilities where bargaining unit employees represented by American Federation of Government Employees, Local 2600, 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 Commanding Officer of the U.S. Department of the Navy, Navy Resale and Services Support Office, Field Support Office, Auburn, Washington 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 to furnish, upon request of the American Federation of Government Employees, Local 2600, 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 coer