27:0660(76)CA - Navy, Navy Public Works Center, Great Lakes, IL and NAGE Local R7-51 -- 1987 FLRAdec CA

 27 FLRA No. 76
 
 DEPARTMENT OF THE NAVY 
 NAVY PUBLIC WORKS CENTER 
 GREAT LAKES, ILLINOIS
 Respondent
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT 
 EMPLOYEES, LOCAL R7-51 (SEIU/AFL-CIO)
 Charging Party
 
                                            Case No. 5-CA-70069
 
                            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
 upon a stipulation entered into by the Respondent, the Charging Party
 and the General Counsel.  The issue is whether 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 Charging
 Party (the Union), the exclusive representative of a unit of the
 Respondent's employees, with the names and home addresses of those unit
 employees as requested by the Union.
 
                              II.  Background
 
    The Union is the exclusive representative of a unit of employees of
 the Respondent.  By letter of November 12, 1986, the Union requested
 that the Respondent furnish the Union with the names and home addresses
 of all the bargaining unit employees.  By letter of December 5, 1986,
 the Respondent denied the request.  The parties stipulated that the
 names and home addresses of the employees are normally maintained by the
 Respondent in the regular course of business;  are reasonably available;
  and do not constitute guidance, advice, counsel or training provided to
 management officials or supervisors relating to collective bargaining.
 
                      III.  Positions of the Parties
 
    The Respondent contends that the release of names and home addresses
 is prohibited by the Privacy Act.  The Respondent disagrees with the
 Authority's Decision on Remand in Farmers Home Administration Finance
 Office, St. Louis, Missouri, 23 FLRA No. 101 (1986) (Farmers Home),
 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), and requests that the
 Authority reconsider that decision.  Finally, the Respondent argues that
 Department of the Navy policies governing the disclosure of information
 specifically prohibit the release of employees' names and home
 addresses.
 
    The General Counsel contends that this case is controlled by Farmers
 Home and that under section 7114(b)(4) of the Statute the Union is
 entitled to the names and home addresses of employees the Union
 represents.  The General Counsel argues that the Respondent's failure
 and refusal to provide the employees' names and home addresses to the
 Union constitutes a refusal to comply with section 7114(b)(4) and a
 violation of section 7116(a)(1), (5) and (8) of the Statute.
 
                               IV.  Analysis
 
    In our Decision and Order on Remand in Farmers Home, we concluded
 that the release of names and home addresses of bargaining unit
 employees to the exclusive representatives of those employees 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 alternate
 means of communication are available.  Based on our Decision on Remand
 in Farmers Home, we reject the Respondent's assertions in this case and
 find that the Respondent was required to provide the information under
 section 7114(b)(4).  Accordingly, we conclude that the Respondent's
 refusal to provide the Union with the requested information violated
 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, Navy Public Works Center, Great
 Lakes, Illinois shall:
 
    1.  Cease and desist from:
 
    (a) Refusing to furnish, upon request by the National Association of
 Government Employees, Local R7-51 (SEIU/AFL-CIO), the exclusive
 representative of a bargaining unit of its employees, the names and home
 addresses of all employees in the unit.
 
    (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) Furnish the National Association of Government Employees, Local
 R7-51 (SEIU/AFL-CIO), the exclusive representative of a bargaining unit
 of its employees, the names and home addresses of all employees in the
 unit.
 
    (b) Post at all its facilities where bargaining unit employees
 represented by the National Association of Government Employees, Local
 R7-51 (SEIU/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 Commanding Officer of the
 Department of the Navy, Navy Public Center, Great Lakes, Illinois and
 shall be posted and maintained for 60 consecutive days thereafter, in
 conspicuous places, including all bulletin boards and places where
 notices to employees are customarily posted.  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 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., June 24, 1987.
 
                                       /s/ Jerry D. Calhoun, Chairman
                                       /s/ Henry B. Frazier III, Member
                                       /s/ Jean McKee, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
                                 APPENDIX
 
                          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 refuse or fail to furnish, upon request, of the National
 Association of Government Employees, Local R7-51 (SEIU/AFL-CIO), the
 exclusive representative of a bargaining unit of our employees, the
 names and home addresses of all employees in the unit.
 
    WE WILL NOT in any like or related manner, interfere with, restrain,
 or coerce our employees in the exercise of their rights assured them by
 the Federal Service Labor-Management Relations Statute.
 
    WE WILL furnish the National Association of Government Employees,
 Local R7-51 (SEIU/AFL-CIO), the exclusive representative of a bargaining
 unit of our employees, the names and home addresses of all employees in
 the unit.
                                       (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 V, Federal Labor Relations Authority, whose address is:
  175 West Jackson Boulevard, Suite A-1359, Chicago, Illinois 60604 and
 whose telephone number is:  (312) 353-6306.