[ v26 p474 ]
The decision of the Authority follows:
26 FLRA No. 57 DEPARTMENT OF THE NAVY MARE ISLAND NAVAL SHIPYARD VALLEJO, CALIFORNIA Respondent and FEDERAL EMPLOYEES METAL TRADES COUNCIL Charging Party Case No. 9-CA-60313 DECISION AND ORDER I. Statement of the Case This unfair labor practice case is before the Authority, in accordance with 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. Briefs for our consideration were filed by the Respondent and the General Counsel. The complaint alleges that the Department of the Navy, Mare Island Naval Shipyard, Vallejo, California (Respondent) violated section 7116(a)(1), (5) and (8) of the Federal Service Labor-Management Relations Statute (the Statute) by refusing a request, made pursuant to section 7114(b)(4) of the Statute, to provide the Federal Employees Metal Trades Council (the Union) with the names and home addresses of wage grade employees at the Respondent's Mare Island Naval Shipyard who are in a unit represented exclusively by the Union. We conclude that the Respondent vioalted the Statute as alleged. II. Facts of the Case The Union is the exclusive representative of a unit of approximately 6,000 wage grade employees of the Respondent, approximately half of whom are members of the Union. The Union requested the names and home addresses of the unit employees in writing on May 1, June 10 and June 24, 1986. On June 25, the Respondent denied the requests. III. Positions of the Parties The Respondent argues that a complaint should not have been issued because at the time the "overwhelming case law" of the Authority prohibited disclosure of home addresses of unit employees. The Respondent further asserts that the General Counsel should have followed FLRA precedent and not court decisions. The Respondent also asserts that disclosure of employees' home addresses is an unwarranted invasion of privacy and is therefore prohibited by law. The General Counsel's position is that our decision on remand in Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA No. 101 (October 31, 1986), petition for review filed sub nom. U.S. Department of Agriculture and the Farmers Home Administration Finance Office, St. Louis, Missouri v. FLRA, No. 86-2779 (8th Cir. Dec. 23, 1986), is controlling in this case. IV. Analysis and Conclusions A. Timing of the Complaint 1. Discretion to Issue Complaints Under the Statute is Vested in the General Counsel Sections 7104(f)(2)(A) and (B), and 7118(a)(1) of the Statute provide that the General Counsel may investigate alleged unfair labor practices and file and prosecute complaints. We will not review the adequacy of a precomplaint investigation in an unfair practice proceeding but rather will resolve the merits of a complaint once it reaches us. See Delaware Army and Air National Guard, 16 FLRA 398 (1984). Thus we will not address the Respondent's argument that the General Counsel should not have issued a complaint in this case. 2. The Authority Will Decide the Merits Based on Current Law The Respondent correctly notes that at the time it denied the Union's requests for home addresses, our case law held that the Privacy Act prohibited disclosure. However, we decide an unfair labor practice complaint based on the state of the law at the time the case is before us. See Director of Administration, Headquarters, U.S. Air Force, 17 FLRA 372 (1985). Therefore, whether the refusal to provide the Union with the home addresses of unit employees was an unfair labor practice must be determined under current case law. B. Home Addresses of Unit Employees Should Be Released to the Exclusive Representative In our Decision and Order on Remand in FHAFO, we concluded that the release of the names and home addresses of bargaining unit employees to exclusive representatives 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. The complaint based upon the stipulated record in this case was issued on September 19, 1986, before our decision on remand in FHAFO issued. The briefs of both parties were submitted in February 1987, and take into account our decision in FHAFO. Based upon our decision on remand in FHAFO and for the reasons stated more fully in that decision, we reject the Respondent's assertion that disclosure of the information sought is prohibited by law and conclude that the Respondent's refusal to provide the Union with the home addresses of bargaining unit employees constituted a violation of section 7116(a)(1), (5) and (8) of the Statute. 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 Navy, Mare Island Naval Shipyard, Vallejo, California, shall: 1. Cease and desist from: (a) Refusing to furnish, upon request of the Federal Employees Metal Trades Council, the exclusive representative of a unit 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) Upon request by the Federal Employees Metal Trades Council, the exclusive representative of a unit of its employees, furnish it with the names and home addresses of all employees in the bargaining unit it represents. (b) Post at all its Mare Island Naval Shipyard facilities 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 commanding officer of the Mare Island Naval Shipyard, Vallejo, California, 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 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. Issued, Washington, D.C., March 31, 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 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 Federal Employees Metal Trades Council, the exclusive representative of a unit of our employees, the names and home addresses of all employees in the bargaining unit it represents. 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, upon request by the Federal Employees Metal Trades Council the exclusive representative of our a unit of employees, furnish it with the names and home addresses of all employees in the bargaining unit it represents. (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, Region IX, Federal Labor Relations Authority, whose address is: 901 Market Street, Suite 220, San Francisco, CA 94103 and whose telephone number is: (415) 995-5000.