37:0804(66)CA - - DOI, Washington, DC and DOI, National Park Service, Western Regional Office, San Francisco, CA and NFFE Local 1 - - 1990 FLRAdec CA - - v37 p804

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[ v37 p804 ]
37:0804(66)CA
The decision of the Authority follows:


37 FLRA No. 66

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF THE INTERIOR

WASHINGTON, D.C.

AND

U.S. DEPARTMENT OF THE INTERIOR

NATIONAL PARK SERVICE

WESTERN REGIONAL OFFICE

SAN FRANCISCO, CALIFORNIA

(Respondents)

and

NATIONAL FEDERATION OF FEDERAL EMPLOYEES

LOCAL NO. 1

(Charging Party)

9-CA-70387

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 Respondents 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 granted the General Counsel's motion for summary judgment and recommended that the Respondents be ordered to take appropriate remedial action. The Respondents filed exceptions to the Judge's Decision. The General Counsel's "cross exceptions and opposition to Respondent's exceptions" to the Judge's Decision were filed untimely and have not been considered.

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, except as modified below, 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 Department of the Interior, Washington, D.C. (Respondent Agency) admitted that it directed Respondent Department of the Interior, National Park Service, Western Regional Office, San Francisco, California (Respondent Activity) to refuse to provide the data requested by the Union. Respondents' Answer to paragraph 8 of the Amended Complaint, at 2. See also Judge's Decision at 2. Respondent Activity has been effectively precluded from complying with the Union's request. Therefore, we find that the conduct of Respondent Activity in denying the request for names and home addresses did not violate section 7116(a)(1), (5), and (8) of the Statute. See, for example, Department of the Interior, Water and Power Resources Service, Grand Coulee Project, Grand Coulee, Washington, 9 FLRA 385, 388 (1982) (the activity did not violate the Statute where it had no choice but to ministerially follow the dictates of the agency).

However, we find that Respondent Agency's action in directing Respondent Activity not to release the names and home addresses of bargaining unit employees to the Union violated section 7116(a)(1), (5), and (8), as alleged. We reject Respondents' argument that "[s]ection 7114(b) [of the Statute] deals exclusively with the actual process of negotiations" and, therefore, "under [s]ection 7114(b)(4), only those matters shedding light on pertinent conditions of employment must be disclosed to the [U]nion." Respondents' Brief at 4. See U.S. Department of the Interior, U.S. Bureau of Mines, Washington, D.C., 37 FLRA No. 65 (1990). As a remedy, we will order Respondent Agency to cease and desist from directing Respondent Activity to refuse to furnish, on request of the Union, the names and home addresses of employees in the bargaining unit it represents. See U.S. Department of Agriculture, Washington, D.C. and Forest Service, Washington, D.C. and National Forests in Florida, Tallahassee, Florida, 33 FLRA 293 (1988).

We further find that Respondent Agency's direction to Respondent Activity not to provide the Union with unit employees' names and home addresses constitutes impermissible interference with the bargaining relationship between Respondent Activity and the Union, in violation of section 7116(a)(1) and (5), as alleged. As a remedy, we will order Respondent Agency to cease and desist from interfering with the bargaining relationship between the Respondent Activity and the Union.

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 the Interior, Washington, D.C. shall:

1. Cease and desist from:

(a) Directing the Department of Interior, National Park Service, Western Regional Office, San Francisco, California not to release to the National Federation of Federal Employees, Local No. 1, Independent, the exclusive representative of certain of its employees, the names and home addresses of all employees in the bargaining unit it represents.

(b) Interfering with the bargaining relationship between the Department of Interior, National Park Service, Western Regional Office, San Francisco, California and the National Federation of Federal Employees, Local No. 1, Independent.

(c) 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) Direct the Department of Interior, National Park Service, Western Regional Office, San Francisco, California to furnish the National Federation of Federal Employees, Local No. 1, Independent, 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 all facilities where bargaining unit employees represented by the National Federation of Federal Employees, Local No. 1, Independent 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 Secretary, Department of Interior,

Washington, D.C. 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.

The allegations in the complaint against the Department of Interior, National Park Service, Western Regional Office, San Francisco, California are dismissed.

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 direct the Department of Interior, National Park Service, Western Regional Office, San Francisco, California not to release to the National Federation of Federal Employees, Local No. 1, Independent, 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 interfere with the bargaining relationship between the Department of Interior, National Park Service, Western Regional Office, San Francisco, California and the National Federation of Federal Employees, Local No. 1, Independent.

WE WILL NOT, in any like or related manner, interfere with, restrain, or coerce our employees in the exercise of the rights assured them by the Federal Service Labor-Management Relations Statute.

WE WILL direct the Department of Interior, National Park Service, Western Regional Office, San Francisco, California to furnish the National Federation of Federal Employees, Local No. 1, Independent, the exclusive representative of a bargaining unit of certain of our employees, the names and home addresses of all employees in the bargaining unit it represents.

___________________________
(Agency)

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 IX, Federal Labor Relations Authority, whose address is: 901 Market Street, Suite 220, San Francisco, California 94103, and whose telephone number is: