25:0828(67)CA - HHS, SSA, Baltimore, MD and SSA, Great Lakes Program Service Center, Chicag, IL and AFGE -- 1987 FLRAdec CA



[ v25 p828 ]
25:0828(67)CA
The decision of the Authority follows:


 25 FLRA No. 67
 
 DEPARTMENT OF HEALTH AND HUMAN SERVICES 
 SOCIAL SECURITY ADMINISTRATION 
 BALTIMORE, MARYLAND AND SOCIAL SECURITY 
 ADMINISTRATION, GREAT LAKES PROGRAM 
 SERVICE CENTER, CHICAGO, ILLINOIS
 Respondent
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, AFL-CIO
 Charging Party
 
                                            Case No. 5-CA-60268
 
                            DECISION AND ORDER
 
                         I.  Statement of the Case
 
    This matter is before the Authority under section 2429.1(a) of the
 Authority's Rules and Regulations based on a stipulation of facts by the
 parties who have agreed that no material issue of fact exists.  The
 General Counsel, the Charging Party (Union), and the Respondent have
 filed briefs with the Authority.
 
    The complaint alleges that the Respondent violated section
 7116(a)(1), (5) and (8) of the Federal Service Labor-Management
 Relations Statute (the Statute) by refusing to provide the Union with
 the names and home addresses of all bargaining unit employees located at
 600 W. Madison and 165 N. Canal Street, Chicago, Illinois.  The Union's
 request was made pursuant to section 7114(b)(4) of the Statute.  The
 Respondent, relying in part on the Authority's decision in Farmers Home
 Administration, Finance Office, 19 FLRA No. 21 (1985), denied the
 Union's request.  The Respondent asserted that the employees' privacy
 interests in their home addresses outweighed the Union's need to
 communicate with them and that disclosure of the requested information
 would violate the Privacy Act.  The Respondent also asserted that the
 Union had adequate alternative means available for communicating with
 the employees and that management was not convinced that the Union had
 attempted to effectively use all of those alternatives.
 
                       II.  Position of the Parties
 
    In its brief to the Authority, the Respondent repeated its reasons
 noted above for its denial of the Union's request.  Both the General
 Counsel and the Union argued in opposition to the Respondent's position.
 
                      III.  Analysis and Conclusions
 
    In our Decision and Order on Remand, in Farmers Home Administration
 Finance Office, St. Louis, Missouri, 23 FLRA No. 101 (1986) (FHAFO), we
 reviewed the Authority's previous decision, cited by the Respondent,
 concerning the release of the names and home addresses of bargaining
 unit employees to exclusive representatives.  We concluded that the
 release of the information is not prohibited by law, is necessary for
 unions to fulfill their duties under the Statute, and meets all of the
 other requirements established by section 7114(b)(4).  We also
 determined that the release of the information is generally required
 without regard to whether alternative means of communication are
 available.  Consistent with our decision on remand in FHAFO, we find
 that the Respondent was required to furnish the Union with the home
 addresses of the employees in the bargaining unit.  Further, we find
 that the home addresses of the unit employees are reasonably available
 to the Respondent and that it would not place an undue burden on the
 Respondent to provide the Union with the information requested.
 Finally, we conclude that Respondent's refusal to provide the Union with
 the names and home addresses sought in this case violated section
 7116(a)(1), (5) and (8) of the Statute.
 
                                IV.  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 Health and Human Services, Social Security
 Administration, Baltimore, Maryland and Social Security Administration,
 Great Lakes Program Service Center, Chicago, Illinois, shall:
 
    1.  Cease and desist from:
 
    (a) Refusing to furnish, upon request of the American Federation of
 Government Employees, AFL-CIO, the exclusive representative of its
 employees, the names and home addresses of all bargaining unit employees
 located at its 600 W. Madison, Great Lakes Program Service Center,
 Chicago, Illinois facility and at its 165 N. Canal Street, Chicago,
 Illinois facility.
 
    (b) In any like or related manner, interfering with, restraining, or
 coercing its employees in the exercise of rights assured them by the
 Statute.
 
    2.  Take the following affirmative action in order to effectuate the
 purposes and policies of the Statute:
 
    (a) Upon request by the American Federation of Government Employees,
 AFL-CIO, the exclusive representative of its employees, furnish it with
 the names and home addresses of all bargaining unit employees located at
 its 600 W. Madison, Great Lakes Program Service Center, Chicago,
 Illinois facility and at its 165 N. Canal Street, Chicago, Illinois
 facility.
 
    (b) Post at all its facilities at the Great Lakes Program Service
 Center and at 165 N. Canal Street, Chicago, Illinois, where
 bargaining-unit employees represented by the American Federation of
 Government Employees, AFL-CIO 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 of the
 Department of Health and Human Services, Social Security Administration,
 Great Lakes Program Service Center, Chicago, Illinois, 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 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.
 
    Issued, Washington, D.C., February 20, 1987.
 
                                       /s/ Jerry L. Calhoun, Chairman
                                       /s/ Henry B. Frazier III, Member
                                       /s/ Jean McKee, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
                          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 American
 Federation of Government Employees, AFL-CIO, the exclusive
 representative of our employees, the names and home addresses of all
 bargaining unit employees located at our 600 W. Madison, Great Lakes
 Program Service Center, Chicago, Illinois facility and at our 165 N.
 Canal Street, Chicago, Illinois facility.
 
    WE WILL NOT in any like or related manner interfere with, restrain,
 or coerce our employees in the exercise of rights assured them by the
 Federal Service Labor-Management Relations