37:0737(59)CA - - Navy, Navy Exchange, Naval Training Station, Naval Hospital, Great Lakes, IL and SEIU Local 11 - - 1990 FLRAdec CA - - v37 p737

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[ v37 p737 ]
37:0737(59)CA
The decision of the Authority follows:


37 FLRA No. 59

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF THE NAVY

NAVY EXCHANGE

NAVAL TRAINING STATION

NAVAL HOSPITAL

GREAT LAKES, ILLINOIS

(Respondent)

and

SERVICE EMPLOYEES INTERNATIONAL UNION

LOCAL 11

(Charging Party)

5-CA-80326

DECISION AND ORDER

September 28, 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 and denied the Respondent's motion to dismiss the General Counsel's motion. The Judge recommended that the Respondent be ordered to take appropriate remedial action. The Respondent filed exceptions to the Judge's Decision.

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. 37 FLRA No. 39, slip op. at 19. 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.

II. Order

Pursuant to section 2423.29 of our Rules and Regulations and section 7118 of the Statute, the Department of the Navy, Navy Exchange, Naval Training Station and Naval Hospital, Great Lakes, Illinois, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the Service Employees International Union, Local 11, AFL-CIO/CLC, the exclusive representative of a bargaining unit 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 Service Employees International Union, Local 11, AFL-CIO/CLC, 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 Service Employees International Union, Local 11, AFL-CIO/CLC, 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 Director, Naval Exchange, Naval Training Station and Naval Hospital, Great Lakes, Illinois, 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 V, 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 Service Employees International Union, Local 11, AFL-CIO/CLC, the exclusive representative of a bargaining unit 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 coerce our employees in the exercise of their rights assured them by the Federal Service Labor-Management Relations Statute.

WE WILL furnish the Service Employees International Union, Local 11, AFL-CIO/CLC, with the names and home addresses of all employees in the bargaining unit 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 V, Federal Labor Relations Authority, whose address is: 175 West Jackson Boulevard, Suite 1359-A, Chicago, IL 60604, and whose telephone number is: (312) 353-6306.




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