33:0293(36)CA - - Agriculture and Forest Service, Washington, DC and National Forests in Florida, Tallahassee, FL and NFFE Local 458 - - 1988 FLRAdec CA - - v33 p293

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[ v33 p293 ]
33:0293(36)CA
The decision of the Authority follows:


33 FLRA No. 36

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF AGRICULTURE

WASHINGTON, D.C.

and

FOREST SERVICE

WASHINGTON, D.C.

and

NATIONAL FORESTS IN FLORIDA

TALLAHASSEE, FLORIDA

(Respondents)

and

NATIONAL FEDERATION OF FEDERAL EMPLOYEES

LOCAL 458, INDEPENDENT

(Charging Party)

4-CA-70653

DECISION AND ORDER

October 25, 1988

Before Chairman Calhoun and Member McKee.

The Administrative Law Judge issued the attached decision in this case, finding that the Respondents had engaged in the unfair labor practices alleged in the complaint by refusing to furnish, upon request of the Charging Party (the Union), the names and home addresses of bargaining unit employees. The Judge granted the General Counsel's motion for summary judgment, denied the Respondents' cross-motion for summary judgment and dismissal of complaint, and recommended that the Respondents be ordered to take appropriate remedial action. The Respondents filed exceptions to the Judge's Decision. No opposition was filed to the Respondents' exceptions.

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor-Management Relations Statute (the 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 except as modified below. See Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA 788 (1986), enforced in part and remanded sub nom. U.S. Department of Agriculture and Farmers Home Administration Finance Office, St. Louis, Missouri v. FLRA, 836 F.2d 1139 (8th Cir. 1988), petition for cert. filed, 57 U.S.L.W. 3186 (U.S. Aug. 26, 1988) (No. 88-349). See also United States Department of the Navy and Philadelphia Naval Shipyard v. FLRA, 840 F.2d 1131 (3d Cir. 1988), enforcing Philadelphia Naval Shipyard, 24 FLRA 37 (1986); U.S. Department of the Air Force, Scott Air Force Base, Illinois v. FLRA, 838 F.2d 229 (7th Cir. 1988), affirming Department of the Air Force, Scott Air Force Base, Illinois, 24 FLRA 226 (1986); Department of Health and Human Services, Social Security Administration v. FLRA, 833 F.2d 1129 (4th Cir. 1987), 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).

The Respondent U.S. Department of Agriculture (Respondent Agriculture) admitted that Respondent Forest Service (Respondent Service) and Respondent National Forests in Florida (Respondent Florida) denied the Union's request for names and home addresses at its direction. Respondent Service and Respondent Florida have been effectively precluded from complying with the Union's request. Therefore, we find that the conduct of Respondent Service and Respondent Florida in denying the request for names and home addresses did not violate section 7116(a)(1), (5), and (8) of the Statute. However, we find that Respondent Agriculture's action in directing Respondent Service and Respondent Florida not to release names and home addresses of bargaining unit employees to the Union is in violation of section 7116(a)(1), (5), and (8), as alleged. As a remedy, we will order Respondent Agriculture to cease and desist from directing Respondent Service and Respondent Florida to refuse to furnish on request of the Union the names and home addresses of employees in the bargaining unit it represents. See U.S. Department of Agriculture and The Forest Service, 32 FLRA 12 (1988), petition for review filed sub nom. U.S. Department of Agriculture and The Forest Service v. FLRA, No. 88-1440 (D.C. Cir. June 16, 1988).

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 U.S. Department of Agriculture, Washington, D.C. shall:

1. Cease and desist from:

(a) D