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The decision of the Authority follows:
28 FLRA No. 94
DEPARTMENT OF THE AIR FORCE, HEADQUARTERS 836TH COMBAT SUPPORT GROUP (TAC), DAVIS-MONTHAN AIR FORCE BASE, ARIZONA Respondent and NATIONAL FEDERATION OF FEDERAL EMPLOYEES Charging Party Case No. 8-CA-70226
I. Statement of the Case
This consolidated proceeding is before the Authority under section 2429.1(a) of our Regulations based on the parties' stipulation of facts. 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 bargaining unit employees. The Respondent filed a brief. 1 For the reasons below, we find that the Respondent has committed the unfair labor practices as alleged.
The Union represents approximately 214 employees in a unit of non-appropriated fund employees at Davis - Monthan Air Force Base. By letter dated January 8, 1987, the Union requested the names and home addresses of all employees in the exclusive unit. By letter of January 13, 1987, the Respondent refused to provide the information to the Union. [PAGE]
The parties have stipulated that the information is maintained in the Respondent's non-appropriated fund payroll files and may be obtained from there. However, payroll records do not provide a listing of employee names and home addresses identifiable by bargaining unit status. Only the Respondent's personnel records indicate the bargaining unit status of non-appropriated fund employees. The parties have also stipulated that the information does not constitute guidance, counsel, advice, or training provided for management officials or supervisors relating to collective bargaining.
III. Positions of the Parties
The Respondent concedes that our 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. 86-2579 (8th Cir. Dec 23, 1986), is dispositive of several issues, but urges us to reverse that decision. Thus, the Respondent argues that release of the names and home addresses of employees is contrary to the Privacy Act, and also that availability of alternate methods of communication with employees would in some situations be sufficient to preclude the requirement of release of home addresses.
In addition, the Respondent argues that certain requirements of section 7114(b)(4) are not met here. Thus, it argues that such records are not normally maintained in the regular course of business as required by section 7114(b)(4)(A) because (1) names and home addresses are in payroll records which do not identify them by bargaining unit status; and (2) there is no automated record at the Respondent's facility which contains the name, home address and bargaining unit status of non-appropriated fund civilian employees. It concedes that a list could be created manually, by going through the records of the employees. Because such a list would have to be created, the Respondent also argues that the data is not "reasonably available" as required by section 7114(b)(4)(B) of the Statute.
IV. Analysis and Conclusions
In our decision on remand in Farmers Home, we held that the release of 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 [ v28 p2 ] Statute, and meets all of the other requirements of section 7114(b)(4). Our decision in Farmers Home analyzed the two exceptions to the Privacy Act's bar to disclosure of personal information pertinent to the release of employees' names and home addresses: exception (b)(2), concerning the Freedom of Information Act, and exception (b)(3), relating to "routine use" of information. We found that both exceptions to the Privacy Act's bar applied so as to authorize release of the information under the Privacy Act, and the Respondent has conceded that under Farmers Home, the requirements of the Privacy Act have been met. We also found in Farmers Home that the release of the information is generally required without regard to whether alternative means of communication are available.
Although the Respondent argues that the information sought by the Union is not normally maintained or reasonably available, the stipulation clearly shows both that the names and home addresses of employees are maintained and that identification of employees as to unit status also is maintained. Consequently, we find that the requirement of section 7114(b)(4)(A) has been met and that the information is reasonably available within the meaning of section 717114(b)(4)(B). See, for example, Department of the Navy, Naval Submarine Base, New London (New London, Connecticut), 27 FLRA No. 85 (1987). Consistent with our decision in Farmers Home, we therefore find that the Respondent was required to furnish the Union with the names and home addresses of the employees in the bargaining unit. Its refusal to do so violated section 7116(a)(1), (5), and (8) of the Statute.
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 Air Force, Headquarters 836th Combat Support Group (TAC), Davis - Monthan Air Force Base, Arizona, shall:
1. Cease and desist from:
(a) Refusing to furnish, upon request of the National Federation of Federal Employees, the exclusive representative of its non-appropriated fund employees, the names and home addresses of all unit employees located at Davis - Monthan Air Force Base, Arizona. [ v28 p3 ]
(b) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of rights assured by the Statute.
2. Take the following affirmative action in order to effectuate the purposes and policies of the Statute:
(a) Furnish the National Federation of Federal Employees, the exclusive representative of its non-appropriated fund employees, with the names and home addresses of all unit employees located at Davis - Monthan Air Force Base, Arizona.
(b) Post at all facilities at the Davis - Monthan Air Force Base, Arizona, where bargaining unit employees represented by the National Federation of Federal Employees 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, Headquarters 836th Combat Support Group (TAC) 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 ensure that such notices are not altered, defaced, or covered by any other material.
(c) Pursuant to section 2424.30 of the Authority's Rules and Regulations, notify the Regional Director, Region VIII, 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., August 27, 1987.
Jerry L. Calhoun, Chairman
Henry B. Frazier III, Member
Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY [ v28 p4 ]
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 Federation of Federal Employees, the exclusive representative of our non-appropriated fund employees, the names and home addresses of all bargaining unit employees located at Davis - Monthan Air Force Base, Arizona.
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 Statute.
WE WILL furnish the National Federation of Federal Employees, the exclusive representative of our non-appropriated employees, with the names and home addresses of all bargaining unit employees located at Davis - Monthan Air Force Base, Arizona.
_______________________________ (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 VIII, of the Federal Labor Relations Authority, whose address is: 350 South Figueroa Street, 10th Floor, Los Angeles, CA 90071 and whose telephone number is: (213) 894-3805. [PAGE]
Footnote 1 The General Counsel's brief was untimely filed and has not been considered.