30:0313(39)CA - Air Force Contract Management Division, Detachment 12 Air Force Representative Office Canoga Park, CA and NFFE Local 2060 -- 1987 FLRAdec CA
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The decision of the Authority follows:
30 FLRA No. 39 AIR FORCE CONTRACT MANAGEMENT DIVISION, DETACHMENT 12 AIR FORCE REPRESENTATIVE OFFICE CANOGA PARK, CALIFORNIA Respondent and NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 2060 charging Party Case No. 8-CA-70311
I. Statement of the Case
This unfair labor practice case is before the Authority under section 2429.1(a) of the Authority's Rules and Regulations, based upon a stipulation of facts by the parties. 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 Charging Party (the Union), the exclusive representative of a unit of the Respondent's employees, with the names and home addresses of those employees. For the reasons stated below, we find that the Respondent committed the unfair labor practices as alleged.
The Union is the exclusive representative of a unit of the Respondent's employees. By letters dated January 14 and 16, 1987, the Union requested that the Respondent provide it with the names and home addresses of the unit employees. By letter dated January 28, 1987, the Respondent denied the request. The parties stipulated that the names and home addresses of the employees are maintained in Official Personnel Folders at the United States Air Force, Los Angeles Air Force Station, California, facility. The parties further stipulated that the Respondent has access to civilian payroll [PAGE] records maintained at the Air Force Accounting and Finance center in Denver, Colorado, which records include the names and home addresses of the employees. The parties also stipulated that the information sought does not constitute guidance, advice, counsel or training provided for management officials or supervisors relating to collective bargaining.
III. Positions of the Parties
The Respondent contends that release of the home addresses of employees is prohibited by the Privacy Act and that the information is not necessary for the Union to carry out its representational duties. The Respondent disagrees with the Authority's Decision on Remand in Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA 788 (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, 86-2579 (8th Cir. Dec. 23, 1986), and asserts that the Authority erred in that decision. The Respondent further asserts that the information sought is not 'normally maintained" or reasonably available" within the meaning of section 7114(b)(4)(A) and (B) of the Statute and that it would be unduly burdensome to compile the information.
The General Counsel contends that the Authority's Decision on Remand in Farmers Home is controlling in this case. The General Counsel further argues that there is no merit to the Respondent's assertion that the information is not normally maintained or reasonably available because there is no evidence to support its assertion. Consequently, the General Counsel argues that the Respondent's failure to furnish the requested names and home addresses constitutes a failure to comply with section 7114(b)(4) and a violation of section 7116(a)(1), (5) - and (8) of the Statute.
IV. Analysis and Conclusions
in our Decision and Order on Remand in Farmers Home, we held that the release of names and home addresses of bargaining unit employees to the exclusive representative 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 alternative means of communication are available. Based on our decision in Farmers Home, we reject the Respondent's arguments that the release of the information sought by the Union in this case is prohibited by law and is not necessary.
We also find, contrary to the Respondent's position, that the information is normally maintained and reasonably available. It is clear from the parties' stipulation that the information is maintained in the regular course of business in Air Force personnel and payroll records and that the Respondent has access to those records. Moreover, while the Respondent argues that it will be unduly burdensome to compile the information, we find that the Respondent fails to substantiate its argument. The Respondent merely asserts that it would have to match a computer listing of bargaining unit employees with its payroll records or review the personnel folders of the employees to create the data requested by the Union. However, the Agency does not present any evidence to establish that either process would be unnecessarily costly, time-consuming or difficult. We therefore find no merit in the Respondent's argument that the information is not normally maintained or reasonably available. See Department of the Navy, Naval Submarine Base, New London, (New London, Connecticut), 27 FLRA 785, 795-796 (1987), petition for review filed sub nom. FLRA v. Department of the Navy, Naval Submarine Base, New London, 87-1308 (D.C. Cir. July 2, 1987).
Accordingly, we conclude that the Respondent was required to provide the Union with the names and home addresses of the bargaining unit employees under section 7114(b)(4). We further 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.
Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor - Management Relations Statute, the Air Force Contract Management Division, Detachment 12, Air Force Representative Office, Canoga Park, California shall:
1. Cease and desist from:
(a) Refusing to furnish, upon request of National Federation of Federal Employees, Local 2060, 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. [ v30 p 3 ]
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, Local 2060, 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 National Federation of Federal Employees, Local 2060, are located copies of the attached Notice on forms to be furnished by the Federal Labor Re