37:0784(63)CA - - OPM, Washington, DC and AFGE Local 32 - - 1990 FLRAdec CA - - v37 p784
[ v37 p784 ]
The decision of the Authority follows:
37 FLRA No. 63
FEDERAL LABOR RELATIONS AUTHORITY
U.S. OFFICE OF PERSONNEL MANAGEMENT
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
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 in the above-entitled proceeding, finding that the Respondent 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 Respondent filed exceptions to the Judge's Decision. No opposition was filed to the Respondent'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 made at the hearing 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 modified 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).
The Respondent contends that "[a]t no time during the collective bargaining process did the [U]nion propose that the [A]gency turn over to it the home addresses of bargaining unit employees, thus waiving any right it arguably had to negotiate about home addresses of bargaining unit employees[.]" Respondent's Post-Hearing Brief at 4 (argument reasserted at 7 of that brief and incorporated at Exceptions at 3 n.2). This contention is inapposite because this case concerns the Respondent's violation of a statutory right, not the Union's right to negotiate about home addresses of unit employees. Although a union may negotiate to obtain a contractual provision regarding home addresses, it need not do so in order to enforce its statutory right under section 7114(b)(4). Further, for the reasons stated by the Judge, we reject the Respondent's argument that the Authority's decisions in Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA 788 (1986) and National Treasury Employees Union and Department of the Treasury and U.S. Customs Service, 31 FLRA 181 (1988) are inconsistent.
Finally, we reject the Respondent's contention (at 10 of its brief in support of exceptions) that, "[i]nasmuch as the case at bar is entirely within the jurisdictional confines of the District of Columbia Circuit," the Authority is "required to follow" the decision of that court in FLRA v. Dep't of the Treasury, Financial Management Service, 884 F.2d 1446 (D.C. Cir. 1989), cert. denied, 110 S. Ct. 863 (1990) (Dep't of the Treasury). See Yellow Taxi Company of Minneapolis v. NLRB, 721 F.2d 366, 384 (D.C. Cir. 1983) (Wright, J., concurring).
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. Office of Personnel Management shall:
(Footnote continued from previous page.)
1. Cease and desist from:
(a) Refusing to furnish, upon request of the American Federation of Government Employees, Local 32, 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 32, AFL-CIO, the exclusive representative of a bargaining unit of certain of its employees, the names and home addresses of all employees in the bargaining unit it represents.
(b) Post at all facilities where bargaining u