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30 FLRA No. 26

DEPARTMENT OF THE NAVY
U.S. NAVAL AIR FACILITY
MAYPORT, FLORIDA

               Respondent

       and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2010

               Charging Party

Case No. 4-CA-70460

DECISION AND ORDER

The Administrative Law Judge issued the attached decision in this case, finding that the Department of the Navy, U.S. Naval Air Facility, Mayport, Florida (the Respondent) had engaged in the unfair labor practices alleged in the complaint by refusing to furnish, upon request of the Charging Party, the names and home addresses of bargaining unit employees. The Judge granted the General Counsel's motion for summary judgment and recommended that the Respondent be ordered to take appropriate remedial action. The Respondent filed exceptions to the Judge's Decision and the General Counsel filed an opposition to the Respondent's exceptions.

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor - Management Relations Statute, we have reviewed the rulings of the Judge and find that no prejudicial error was committed. The rulings are hereby affirmed. Upon consideration of the Judge's Decision, the exceptions, and the entire record, we adopt the Judge's findings, conclusions, and recommended Order. [PAGE]

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, U.S. Naval Air Facility, Mayport, Florida shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, AFL - CIO, Local 2010, the exclusive representative of certain 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) Furnish the American Federation of Government Employees, AFL - CIO, Local 2010 with the names and home addresses of all employees in the bargaining unit it represents.

(b) Post at its facilities where bargaining unit employees represented by the American Federation of Government Employees, AFL - CIO, Local 2010, 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 and shall be posted in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted, and shall be 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 IV, Federal Labor Relations Authority, in writing, within [ v30 p2 ] 30 days from the date of this Order as to what stops have been taken to comply.

Issued, Washington, D.C., November 27, 1987.

Jerry L. Calhoun, Chairman

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY [ v30 p3 ]

                  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, Local 2010, 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, AFL - CIO, Local 2010 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 IV, Federal Labor Relations Authority, whose address is: 1371 Peachtree Street, N.E., Suite 736, Atlanta, Georgia 30367 and whose telephone number is: (404) 347-2324. [PAGE]

DEPARTMENT OF THE NAVY
U.S. NAVAL AIR FACILITY
MAYPORT, FLORIDA

              Respondent

    and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
AFL-CIO, LOCAL 2010

              Charging Party

Case No. 4-CA-70460

Kenneth D. Battle, Esq.
    For the General Counsel, FLRA

Nona J. Jordan
    For the Respondent

Before: SAMUEL A. CHAITOVITZ
        Administrative Law Judge

DECISION

Statement of the Case

This is a proceeding under the Federal service Labor - Management Relations Statute, Chapter 71 of Title 5 of the U.S. Code, 5 U.S.C. 7101, et seq., 92 Stat. 1191 (hereinafter referred to as the Statute) and the Rules and Regulations of Federal Labor Relations Authority (FLRA), 5 C.F.R. Chapter XIV, 2410 et seq.

Pursuant to a charge filed on April 14, 1987, and amended on June 11, 1987, by the American Federation of Government Employees, AFL - CIO, Local 2010, hereinafter called the Union, against Department of the Navy, U.S. Naval Air Facility, Mayport, Florida, hereinafter called Respondent, the General Counsel of the FLRA, by the Regional Director of FLRA Region IV, issued a Complaint and Notice of hearing alleging that Respondent violated section 7116(a)(1), (5) and (8) of the Statute by failing and refusing to provide the Union with [PAGE] addresses of the bargaining unit employees at the U.S. Naval Air Facility, Mayport, Florida, as requested by the Union. on July 20, 1987 Respondent filed an answer admitting all the factual allegations of the Complaint, except for paragraph 8(c), 1 and denying it had violated the Statute.

Pursuant to section 2423.22 of the FLRA's Rules and Regulations, General Counsel of the FLRA filed a Motion for Summary Judgment dated August 17, 1987, with a supporting Memorandum which was referred to the Chief Administrative Law Judge by the Regional Director by an Order dated August 17, 1987. On August 17, 1987 an Order issued Indefinitely postponing the hearing. On August 27, 1987 Respondent filed a "Motion to Dismiss General Counsel's Motion For Summary Judgment" with a supporting memorandum. The General Counsel of the FLRA filed a response to Respondent's opposition to the Motion for Summary Judgment. 2 This matter has been assigned to the undersigned for disposition.

Having considered the Complaint and Answer, the Motion for Summary Judgment, the opposition thereto, the response to the opposition, the memoranda, and the FLRA'S decision in Farmers Home Administration, 23 FLRA 788 (1986), I conclude that a hearing in the instant matter is not necessary because there is no material fact in dispute. [ v30 p2 ]

Accordingly, upon the basis of the above described record I make the following findings of fact, conclusions and recommendations.

Findings of Fact

At all times material herein, the Department of Defense has been, and is now, an agency within the meaning of section 7103(a)(3) of the Statute.

At all times material herein, the Department of the Navy has been, and is now, a primary national subdivision of the Department of Defense within the meaning of section 2421.4 of the Rules and Regulations of the Authority, as amended.

At all times material herein, the U.S. Naval Air Facility, Mayport, Florida, has been, and is now, an activity of the Department of the Defense within the meaning of section 2421.4 of the Authority's Rules and Regulations, as amended.

At all times material herein, the union has been, and is now, a labor organization within the meaning of Section 7103(a)(4) of the Statute.

At all times material herein, the Union has been, and is now, the exclusive representative of certain employees of the U.S. Naval Air Facility, Mayport, Florida, in a bargaining unit more fully set forth and described in a Certification of Representative (4-RO-30029) dated November 8, 1983, which describes the unit as follows:

INCLUDED: All graded (GS) and ungraded (WG) employees of the u.S. Naval Air Facility, Mayport, Florida.

EXCLUDED: All professional employees; management officials; supervisors; and employees described in 5 USC 7112(b)(2), (3), (4), (6) and (7).

At all times material herein, Commanding Officer C. E. Plaugher, herein called Plaugher, has been and is now a supervisor and/or a management official within the meaning of Section 7103(a)(10) and (11) of the Statute and/or is an agent of Respondent.

On or about January 20, 1987, the Union, by its President, Winston E. Jernigan, herein called Jernigan, made [ v30 p3 ] a request to Plaugher for, inter alia, the names and home addresses of union bargaining unit employees.

On or about February 2, 1987, Respondent, by Plaugher, denied the Union's request for the home addresses of Union bargaining unit employees.

The information requested by the Union above is normally maintained by Respondent in the regular course of business, is reasonably available and is not guidance, advice, counsel or training for management officials or supervisors.

Discussion and Conclusions

The General Counsel, relying on the FLRA's decision in Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA 788 (1986), hereinafter called the Farmers Home case, contends Respondent violated section 7116(a)(1), (5) and (8) of the Statute when it refused to supply the Union with the names and home addresses of all bargaining unit employees. Respondent essentially contends the requirements of section 7114(b)(4) of the Statute have not been met in that Respondent is prohibited by the Privacy Act, 5 U.S.C. S 552a, from releasing the information; and the data is not necessary for the Union to carry out its representational duties.

Section 7114(b)(4) of the Statute provides in relevant part:

"(b) the duty of an agency and an exclusive representative to negotiate in good faith under subsection (a) of this section shall include the obligation . . .

"(4) in the case of an agency, to furnish to the exclusive representative involved, or its authorized representative, upon request and, to the extent not prohibited by law, data--

"(A) which is normally maintained by the agency in the regular course of business; (and)

"(B) which is reasonably available and necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining . . ." [ v30 p4 ]

In Farmers Home case, supra the FLRA held: (1) the disclosure of the names and addresses of bargaining unit employees to the exclusive representative was not prohibited by the Privacy Act; (2) an agency's possession of Official Personnel Files wherein can be found employees' addresses satisfies the requirements of section 7114(b)(4)(A) and (8) of the Statute that such data to be normally maintained by the agency and reasonably available; and (3) such data was necessary under section 7114(b)(4)(B) for unions to meet their statutory obligation to represent the interests of all employees in the unit without discrimination as required by section 7114(a)(1) of the Statute, notwithstanding the existence of alternative means by which a union might communicate to unit employees. In subsequent decisions the FLRA followed Farmers Home case, supra, in deciding numerous cases which involved substantially the same issues. Philadelphia Naval Shipyard, 24 FLRA 37 (1986); Defense Mapping Agency Aerospace Center, St. Louis, Missouri, 4 FLRA 43 (1986); Social Security Administration, Northeastern Program Service Center, 24 FLRA 108 (1986); Department of the Navy, Portsmouth Naval Shipyard, 24 FLRA 209 (1986); Department of the Air Force, Scott Air Force Base, 24 FLRA 226 (1986); Department of Health and Human Services. Region V, 26 FLRA 460 (1987); Air Force District of Washington, 26 FLRA 542 (1987); Departments of the Army and Air Force, Army and Air Force Exchange Service Headquarters, Dallas, Texas And Army and Air Force Exchange Service, McClellan Air Force Base, California, 26 FLRA 691 (1987), Long Beach Naval Shipyard, Long Beach, California, 27 FLRA No. 83 (1987); and 831 Combat Support Group (TAC), George Air Force Base, California, 28 FLRA No. 16 (1987).

The arguments raised by Respondent herein are not significantly different from those considered by the FLRA in Farmers Home case, supra, and cases which followed thereafter, supra. In view of the FLRA's holdings in the above cases I conclude Respondent's defenses to its failure and refusal to provide the union with the names and home addresses of unit employees as requested by the Union to be without merit. I further conclude Respondent was obligated under section 7114(b) of the Statute to furnish the Union with the names and addresses of unit employees and accordingly, I conclude Respondent's refusal to furnish such data violated section 7116(a)(1), (5) and (8) of the statute.

Accordingly I hereby grant the Motion For Summary Judgment made by the General Counsel of the FLRA and recommend the Authority issue the following: [ v30 p5 ]

ORDER

Pursuant to Section 2423.29 of the Rules and Regulations of the Federal Labor Relations Authority and section 7118 of the Statute, the Authority hereby orders that the Department of the Navy, U.S. Naval Air Facility, Mayport, Florida, shall:

1. Cease and desist from:

(a) Refusing to furnish upon request of the American Federation of Government Employees, AFL - CIO, Local 2010, the exclusive representative 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 employees in the exercise of rights assured by the Federal Service Labor - Management Relations 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, AFL - CIO, Local 2010, the exclusive representative of its employees, the names and home addresses of all employees in the bargaining unit it represents.

(b) Post at its facilities where bargaining unit employees represented by the American Federation of Government Employees, AFL - CIO, Local 2010, 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 or equivalent official 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 [ v30 p6 ] 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 IV, Federal Labor Relations Authority, 1371 Peachtree Street, N.E., Suite 736, Atlanta, GA 30367, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply herewith.

SAMUEL A. CHAITOVITZ
Administrative Law Judge

Dated: September 15, 1987
       Washington, D.C.

[ v30 p7 ]

                        NOTICE TO EMPLOYEES
                      POSTED BY ORDER OF THE
                 FEDERAL LABOR RELATIONS AUTHORITY
             AN AGENCY OF THE UNITED STATES GOVERNMENT

We have been found by the Federal Labor Relations Authority to have committed an unfair labor practice. We have been ordered to post this Notice and abide by its provisions.

WE WILL NOT refuse to furnish, upon request of the American Federation of Government Employees, AFL - CIO, Local 2010, 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 their rights assured by the Federal Service Labor - Management Relations Statute.

WE WILL furnish the American Federation of Government Employees, AFL - CIO, Local 2010, the exclusive representative of a unit of our employees, the names and home addresses of all employees in the bargaining unit it represents.

                             ______________________________
                                     (Agency or Activity)

Dated:____________________By:______________________________
                                 (Signature)

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 any of its provisions, they may communicate directly with the Regional Director of the Federal Labor Relations Authority, Region IV, whose address is: 1371 Peachtree Street, N.E., Suite 736, Atlanta, GA 30367, and whose telephone number is: (404) 347-2324. [PAGE]

FOOTNOTES

Footnote 1 Paragraph 8(c) of the complaint alleges that the requested information was "Necessary for full and proper discussion, understanding and negotiation of subjects within the scope of collective bargaining; . . ."

Footnote 2 General Counsel of the FLRA filed "Counsel for the General Counsel's Response to Respondent's Motion to Dismiss General Counsel's Motion for Summary Judgment." The FLRA's Rules and Regulations do not provide for the filing of a response to an opposition to a motion, without special permission. In the instant case, however, Respondent inartfully called its opposition to the Motion for Summary Judgment a "Motion". Thus I am constrained to consider the Response filed by the General counsel of the FLRA, eventhough it raises no new arguments or considerations not already dealt with in the original "Motion for Summary Judgment and the Memorandum in support thereof, and adds nothing of value to the consideration or disposition of the subject case.

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