30:0611(75)CA - DOD, Air Force, Air Training Command, 3750th Air Base Group, Sheppard AFB, TX and AFGE Local 3718 -- 1987 FLRAdec CA
[ v30 p611 ]
The decision of the Authority follows:
30 FLRA No. 75 UNITED STATES DEPARTMENT OF DEFENSE DEPARTMENT OF THE AIR FORCE AIR TRAINING COMMAND 3750TH AIR BASE GROUP SHEPPARD AIR FORCE BASE, TEXAS Respondent and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 3718 Charging Party Case No. 6-CA-70209
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 letter dated January 5, 1987, the Union requested that Respondent provide it with the names and home addresses of the employees in the unit. By letter dated January 27, 1987, the Respondent informed the Union that while it could supply the names of the employees in the unit, it could not supply the home addresses as the Personnel Office did not attempt to maintain current home addresses of employees in the unit. The Union did not receive the [PAGE] requested information. The parties stipulated that the Respondent does not maintain a list of home addresses of bargaining unit employees. The parties further stipulated that such a list could be created within a reasonable period of time by merging the computer systems of the Finance Office and the Personnel Office. The parties also stipulated that the information 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, No. 86-2579 (8th Cir. Dec. 23, 1986), and asserts the Authority erred in that decision and others.
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 since there are two computer lists which can be merged to create a list of the names and addresses of the employees in the unit, the data is both normally maintained by the Respondent in the regular course of business and is reasonably available. 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 [ v30 p2 ] Union is prohibited by law and is not necessary. See also United States Department of Health and Human Services, Social Security Administration v. FLRA, Nos. 87-3513(L), 87-3514, 87-3515 (4th Cir. Nov. 25, 1987) (cases in which the Authority cited Farmers Home as precedent), affirming Department of Health and Human Services, Social Security Administration, 24 FLRA 543 (1986) ; Department of Health and Human Services, Social Security Administration and Social Security Administration Field Operations, New York Region, 24 FLRA 583 (1986); Department of Health and Human Services, Social Security Administration, 24 FLRA 600 (1986).
We also find, in agreement with the General Counsel, that the information requested by the Union is normally maintained and reasonably available within the meaning of section 7114(b)(4) of the Statute. It is clear from the parties' stipulation that the information is available through the merging of two computer lists and could be produced within a reasonable period of time. Therefore, we find no merit in the Respondent's initial position that it was unable to furnish the requested information. See Air Force Contract Management Division, Detachment 12 Air Force Representative Office, Canoga Park, California, 30 FLRA No. 39 (1987).
Accordingly, we conclude that the Respondent was required to provide the Union with the names and homes 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 United States Department of Defense, Department of the Air Force, Air Training Command, 3750th Air Base Group, Sheppard Air Force Base, Texas, shall:
1. Cease and desist from:
(a) Refusing to furnish, upon request of the American Federation of Government Employees, AFL - CIO, Local 3718, the exclusive representative of certain of its employees, the names and home addresses of all employees in the bargaining unit it represents. [ v30 p3 ]
(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 3718, 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 3718, are located, copies of the attached Notice on forms to be furnished by the Federal Labor Relations Authority. Upon rec