29:0289(33)CA - AFGE, LOCAL 1199 VS AIR FORCE, 554TH COMBAT SUPPOR



[ v29 p289 ]
29:0289(33)CA
The decision of the Authority follows:


29 FLRA NO. 33


DEPARTMENT OF THE AIR FORCE
554TH COMBAT SUPPORT GROUP (TAC)
NELLIS AIR FORCE BASE, NEVADA

              Respondent

         and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1199, AFL-CIO

              Charging Party

Case No. 9-CA-70113

DECISION AND ORDER

I. Statement of the Case

This matter is before the Authority under section 2429.1(a) of our Rules and 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 American Federation of Government Employees, Local 1199, AFL - CIO (the Union) with the names and home addresses of bargaining unit employees of the Department of the Air Force located at Nellis Air Force Base, Nevada. The Respondent and the General Counsel filed briefs. For the reasons stated below, we find that the Respondent has committed the unfair labor practice as alleged.

II. Facts

The Union is the exclusive representative of a unit of Air Force employees located at Nellis Air Force Base, Nevada. By letter dated November 13, 1986, the Union requested that the Respondent furnish the names and home addresses of all bargaining unit employees. By letter dated December 17, 1986, the Respondent refused to furnish the Union with the information requested. The parties stipulated that the information requested is normally maintained by the Respondent in the regular course of business, is reasonably available, and does not constitute guidance, advice, counsel, or training for management officials or supervisors relating to collective bargaining.

III. Positions of the Parties

The Respondent argues that the release of the information requested is precluded by law, and it urges the Authority to reconsider its 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 Farmers Home Administration Finance Office, St. Louis, Missouri v. FLRA, No. 86-2579 (8th Cir. Dec. 23, 1986), which it concedes is dispositive of this case. The Respondent also argues that the information is not necessary because the Union has alternative means of communicating with bargaining unit employees.

The General Counsel contends that this case is controlled by our decision on remand in Farmers Home. The General Counsel also contends that the release of the information requested is not precluded by the existence of the alternative means of communication found in the parties' collective bargaining agreement and that, in any event, the parties' agreement offers no viable alternative means of communication.

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 their 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) of the Statute. We also determined that the release of the information is generally required without regard to whether alternate means of communication are available.

The arguments made by the Respondent in this case are essentially the same arguments asserted by the agency in Farmers Home. 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 release the information under section 7114(b)(4). Further, we conclude that the Respondent's refusal to provide the Union with the names and home addresses sought in this case violates 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 Air Force, 554th Combat Support Group (TAC), Nellis Air Force Base, Nevada shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, Local 1199, AFL - CIO, the exclusive representative of certain of its employees, the names and home addresses of employees in the bargaining unit.

(b) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of their 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 American Federation of Government Employees, Local 1199, AFL - CIO, the names and home addresses of all bargaining unit employees of the Department of the Air Force, 554th Combat Support Group (TAC), Nellis Air Force Base, Nevada.

(b) Post at the Nellis Air Force Base, Nevada 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 Commander of the 554th Combat Support Group (TAC), Nellis Air Force Base, Nevada and shall be posted in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted, and maintained for 60 consecutive days thereafter. 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 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., September 30, 1987.

Jerry L. Calhoun, Chairman

Henry B. Frazier III, Member

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 or fail to furnish, upon request of the American Federation of Government Employees, Local 1199, AFL - CIO, the exclusive representative of certain 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 their rights assured them by the Federal Service Labor - Management Relations Statute.

WE WILL furnish the American Federation of Government Employees, Local 1199, AFL - CIO, the exclusive representative of certain of our employees, the names and home addresses of all employees in the ba