15:0969(180)CA - SSA and AFGE Local 1923 -- 1984 FLRAdec CA
[ v15 p969 ]
15:0969(180)CA
The decision of the Authority follows:
15 FLRA No. 180
SOCIAL SECURITY ADMINISTRATION
Respondent
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1923, AFL-CIO
Charging Party/Union
Case Nos. 3-CA-30433
3-CA-30445
DECISION AND ORDER
This matter is before the Authority pursuant to the Regional
Director's "Order Transferring Case to the Federal Labor Relations
Authority" in accordance with section 2429.1(a) of the Authority's Rules
and Regulations.
Upon consideration of the entire record, including the parties'
stipulation of facts, accompanying exhibits, and the briefs submitted by
the Respondent and the General Counsel, the Authority finds:
The complaint alleges that the Social Security Administration
(Respondent) violated section 7116(a)(1), (5) and (8) of the Statute by
refusing to furnish necessary and relevant information requested by the
Union in connection with the processing of employees' contractual
grievances as required by section 7114( b)(4) of the Statute. /1/
By memoranda dated between December 8, 1982 and February 4, 1983, an
agent of the American Federation of Government Employees, Local 1923,
AFL-CIO (Exclusive Representative/Union) requested that the Respondent
provide the Union with a copy of all Form SSA-3024's relative to
bargaining unit employees Harriet Glass, Jean Gray, Florence Jackson,
Berlinda Redfern, Bertelle Murphy, Amelia Peete, Charles Baker, Anna
Layton, Veronica Pompey and Carolyn Holt, respectively. Form SSA-3024
is a Work Experience Report which constitutes a compilation of the
employee's daily production figures on a weekly basis. The Respondent
utilizes the information recorded on Form SSA-3024 in rating employees
for the purpose of their annual performance appraisals. The Respondent
has failed and refused to provide the Union with the requested
information.
The Respondent argues that it had no duty to furnish the requested
information because the requests were vague and to supply such would
have been unduly burdensome. However, the Respondent does not present
any evidence in support of the foregoing contention. To the contrary,
the Respondent expressly stipulates that the requested information was
normally maintained by the agency in the regular course of business;
was reasonably available and necessary for full and proper discussion,
understanding and negotiation of subjects within the scope of collective
bargaining, including the processing of a contractual grievance; did
not constitute guidance, counsel or training of management officials or
supervisors relating to collective bargaining; and was not prohibited
by law. The stipulated record reveals that each request was submitted
separately at different times to the involved grievant's supervisor.
Further, the Respondent admits that it would have taken no more than
thirty to sixty minutes to respond to such request. Under the factual
circumstances presented, the Authority finds Respondent's contention
that the Union's request for information was vague and unduly burdensome
to be wholly without merit. In so concluding, the Authority has
considered Respondent's admission that the requested material was
normally maintained, reasonably available and necessary for full and
proper discussion, understanding and negotiation of subjects within the
scope of bargaining including processing of a grievance. The Authority
further notes particularly that an integral part of an agency's
statutory duty to negotiate in good faith is to furnish necessary data,
upon request, to the exclusive representative, in accordance with
7114(b)(4)(A)(B) and (C) of the Statute. /2/ Accordingly, the Authority
finds that Respondent's conceded refusal to furnish the Union with the
requested information concerning unit employees' contractual grievances
over their 1982 annual performance appraisals constituted a failure to
meet its duty to bargain in good faith and was not in compliance with
section 7114(b)(4) in violation of section 7116(a)(1), (5) and (8) of
the Statute.
ORDER
Pursuant to section 2423.29 of the Federal Labor Relations
Authority's Rules and Regulations and section 7118 of the Statute, it is
hereby ordered that the Social Security Administration shall:
1. Cease and desist from:
(a) Failing and refusing to provide the American Federation of
Government Employees, Local 1923, AFL-CIO, the employees' exclusive
representative, with all necessary documents and materials, including
copies of form SSA-3024's requested by the Union in connection with the
processing of grievances filed by bargaining unit employees.
(b) In any like or related manner interfering with, restraining or
coercing employees in the exercise of their rights assured by the
Federal Service Labor-Management Relations Statute.
2. Take the following affirmative action in order to effectuate the
purposes and policies of the Statute:
(a) Upon request, provide the American Federation of Government
Employees, Local 1923, AFL-CIO, the employees' exclusive representative,
with copies of all Form SSA-3024's requested by the Union in connection
with the grievances filed by bargaining unit employees Harriet Glass,
Jean Gray, Florence Jackson, Berlinda Redfern, Bertelle Murphy, Amelia
Peete, Charles Baker, Anna Layton, Veronica Pompey and Carolyn Holt
concerning their 1982 Annual Performance Appraisals.
(b) Post at its facilities located in the Social Security
Administration, Headquarters, Baltimore, Maryland 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 an
authorized official of the Social Security Administration and shall be
posted and maintained for 60 consecutive days thereafter, in conspicuous
places, including all bulletin boards and other places where notices to
employees are customarily posted. Reasonable steps shall be taken to
insure 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 III, Federal Labor
Relations Authority, in writing, within 30 days from the date of this
Order, as to what steps have been taken to comply herewith.
Issued, Washington, D.C., August 31, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
NOTICE TO ALL EMPLOYEES
PURSUANT TO A DECISION AND ORDER OF THE FEDERAL LABOR
RELATIONS
AUTHORITY AND IN ORDER TO EFFECTUATE THE POLICIES OF CHAPTER 71
OF TITLE
5 OF THE UNITED STATES CODE FEDERAL SERVICE LABOR-MANAGEMENT
RELATIONS
WE HEREBY NOTIFY OUR EMPLOYEES THAT:
WE WILL NOT fail or refuse to provide the American Federation of
Government Employees, Local 1923, AFL-CIO, the employees' exclusive
representative, with all necessary documents and materials, including
copies of Form SSA-3024's requested by the Union in connection with the
processing of grievances filed by bargaining unit employees.
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, upon request, provide the American Federation of Government
Employees, Local 1923, AFL-CIO, with copies of all Form SSA-3024's
requested by the Union in connection with the grievances filed by
bargaining unit employees Harriet Glass, Jean Gray, Florence Jackson,
Berlinda Redfern, Bertelle Murphy, Amelia Peete, Charles Baker, Anna
Layton, Veronica Pompey and Carolyn Holt concerning their 1982 Annual
Performance Appraisals.
(Agency or Activity)
By: (Signature) (Title)
Dated: . . .
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 for the Federal Labor Relations Authority, Region III, whose
address is: P.O. Box 33758, Washington, D.C. 20033-0758 and whose
telephone number is: (202) 653-8456.
--------------- FOOTNOTES$ ---------------
/1/ Section 7114(b)(4) provides:
Sec. 7114. Representation rights and duties
. . . .
(b) The duty of an agency and an exclusive representative to
negotiate in good faith under subsection (a) of this section shall
include the obligation--
. . . .
(4) in the case of an agency, to furnish to the exclusive
representative involved, or its authorized representative, upon
request and, to the extent not prohibited by law, data--
(A) which is normally maintained by the agency in the regular
course of business;
(B) which is reasonably available and necessary for full and
proper discussion, understanding, and negotiation of subjects
within the scope of collective bargaining; and
(C) which does not constitute guidance, advice, counsel, or
training provided for management officials or supervisors,
relating to collective bargaining(.)
/2/ See Veterans Administration Regional Office, Denver, Colorado, 10
FLRA 453 at 456 (1982) and Veterans Administration, Iron Mountain,
Michigan, 10 FLRA 468 (1982). See also Army and Air Force Exchange
Service (AAFES), Lowry Air Force Base Exchange, Ft. Carson, Colorado, 13
FLRA No. 65 (1983).