44:1267(106)CA - - BIA, Washington, DC and BIA, Navajo Area, Gallup, NM and BIA, Albuquerque Area, Albuquerque, NM and National Council of Bureau of Indian Affairs Educators, Local 4524, AFT - - 1992 FLRAdec CA - - v44 p1267

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[ v44 p1267 ]
44:1267(106)CA
The decision of the Authority follows:


44 FLRA No. 106

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

BUREAU OF INDIAN AFFAIRS

WASHINGTON, D.C.

and

BUREAU OF INDIAN AFFAIRS

NAVAJO AREA, GALLUP, NEW MEXICO

AND

BUREAU OF INDIAN AFFAIRS,

ALBUQUERQUE AREA,

ALBUQUERQUE, NEW MEXICO

(Respondents)

and

NATIONAL COUNCIL OF BUREAU OF INDIAN

AFFAIRS EDUCATORS, LOCAL 4524, AFT

(Charging Party/Union)

76-CA-10599

DECISION AND ORDER

May 22, 1992

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 Respondents Bureau of Indian Affairs, Navajo Area, Gallup, New Mexico (Navajo) and Bureau of Indian Affairs, Albuquerque Area, Albuquerque, New Mexico (Albuquerque) violated section 7116(a)(1), (5) and (8) of the Federal Service Labor-Management Relations Statute (the Statute) by failing and refusing to furnish the Union with the requested names and home addresses of bargaining unit employees represented by the Union. The Judge granted the General Counsel's motion for summary judgment with respect to these Respondents and recommended that they be ordered to take appropriate remedial action. The Judge further found that Respondent Bureau of Indian Affairs (BIA) did not violate the Statute and recommended dismissal of the portion of the complaint concerning Respondent BIA. Respondents Navajo and Albuquerque filed exceptions to the Judge's decision. The General Counsel did not file an opposition to the exceptions.

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of 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, 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 515 (1990) (Portsmouth Naval Shipyard), enforcement denied sub nom. FLRA v. U.S. Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire, 941 F.2d 49 (1st Cir. 1991).

On January 24, 1992, a majority of the panel in the Court of Appeals for the Fourth Circuit granted the Authority's application for enforcement of U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Ocean Service, 37 FLRA 663 (1990), in which the Authority relied on Portsmouth Naval Shipyard. See FLRA v. U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Ocean Service, 954 F.2d 994 (4th Cir. 1992), petition for rehearing en banc granted Apr. 22, 1992. Subsequently, a majority of the panel in the Court of Appeals for the Ninth Circuit granted the Authority's application for enforcement of several Authority decisions based on Portsmouth Naval Shipyard. See FLRA v. U.S. Department of the Navy, Navy Resale and Services Support Office, Field Support Office, Auburn, Washington, No. 90-70511 (9th Cir. Mar. 18, 1992) (petition for rehearing and suggestion for rehearing en banc pending).

Further, in FLRA v. U.S. Department of the Navy, Navy Ships Parts Control Center, 944 F.2d 1088 (3d Cir. 1991), a divided Court of Appeals for the Third Circuit denied the Authority's petition for enforcement of U.S. Department of the Navy, Navy Ships Parts Control Center and Navy Fleet Material Support Office and NAVSEA Logistics Center and Navy Publishing and Printing Service, 37 FLRA 722 (1990), in which the Authority relied on Portsmouth Naval Shipyard. However, on November 5, 1991, the panel's decision in that case was vacated and the Authority's petition for rehearing en banc was granted. But see FLRA v. United States Department of Veterans Affairs, Washington, D.C. and United States Department of Veterans Affairs Medical Center, Newington, Connecticut, No. 91-4049 (2d Cir. Mar. 5, 1992) (petition for rehearing and suggestion for rehearing en banc pending) (panel denied enforcement of Authority decision); FLRA v. Department of the Navy, Naval Resale Activity, Naval Air Station-Memphis, Millington, Tennessee, No. 91-3450 (6th Cir. Apr. 29, 1992) (majority of panel denied enforcement of Authority decision). We respectfully adhere to our decision in Portsmouth Naval Shipyard.

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 Bureau of Indian Affairs, Navajo Area, Gallup, New Mexico and the Bureau of Indian Affairs, Albuquerque Area, Albuquerque, New Mexico, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the National Council of Bureau of Indian Affairs Educators, Local 4524, AFT, AFL-CIO, the exclusive representative of certain of its employees, the requested names and home addresses of all employees in the bargaining unit represented by the Union.

(b) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of their rights assured by the Statute.

2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute:

(a) Upon request, furnish the Union the requested names and home addresses of employees in the bargaining unit represented by the Union.

(b) Post at its facilities where bargaining unit employees represented by the Union 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 Chief Executive Officer of the Bureau of Indian Affairs, Navajo Area and the Albuquerque Area, and shall be posted in conspicuous places, including 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, Denver Regional Office, 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 against the Bureau of Indian Affairs, Washington, D.C. 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 refuse to furnish, upon request of the National Council of Bureau of Indian Affairs Educators, Local 4524, AFT, AFL-CIO, the exclusive representative of certain of our employees, the names and home addresses of all employees in the bargaining unit represented by the Union.

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

WE WILL furnish, upon request of the Union, the names and home addresses of all employees in the bargaining unit represented by the Union.

_________________________
(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 of the Federal Labor Relations Authority, Denver Regional Office, whose address is: 1244 Speer Boulevard, Suite 100, Denver, CO 80204, and whose telephone number is: (303) 844-5224.




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