37:0652(49)CA - - Navy, Washington, DC and Navy CBC Exchange, Construction Battalion Center, Gulfport, MS and United Food and Commercial Workers Union, Local 1657 - - 1990 FLRAdec CA - - v37 p652
[ v37 p652 ]
The decision of the Authority follows:
37 FLRA No. 49
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF THE NAVY
NAVY CBC EXCHANGE
CONSTRUCTION BATTALION CENTER
UNITED FOOD AND COMMERCIAL WORKERS UNION
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 U.S. Department of Defense, U.S. Department of the Navy, Navy CBC Exchange, Construction Battalion Center, Gulfport, Mississippi (Respondent Activity) 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 also found that the U.S. Department of Defense, U.S. Department of the Navy, Washington, D.C. (Respondent Agency) did not instruct the Respondent Activity to refuse the Union's request for names and home addresses. Therefore, the Judge recommended that the complaint against the Respondent Agency be dismissed.
The Judge granted the General Counsel's motion for summary judgment against Respondent Activity and recommended that it 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 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 for the reasons fully set forth in U.S. Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire, 37 FLRA No. 39 (1990).
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 Defense, U.S. Department of the Navy, Navy CBC Exchange, Construction Battalion Center, Gulfport, Mississippi, 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 order to effectuate the purposes and policies of the Statute: