33:0316(39)CA - - VA, Riverside National Cemetery, Riverside, CA and AFGE Local 3854 - - 1988 FLRAdec CA - - v33 p316
[ v33 p316 ]
The decision of the Authority follows:
33 FLRA No. 39
FEDERAL LABOR RELATIONS AUTHORITY
RIVERSIDE NATIONAL CEMETERY
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
INTERDEPARTMENTAL, LOCAL 3854
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 Respondent had engaged in the unfair labor practices alleged in the complaint by refusing to furnish, upon request of the American Federation of Government Employees, Interdepartmental, Local 3854, AFL-CIO (the Union), the names and home addresses of bargaining unit employees. The Union represents a unit of the Respondent's general schedule and wage grade 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. No opposition was filed 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 (the Statute), we have reviewed the rulings of the Judge and find that no prejudicial error was committed. We affirm the rulings. Upon consideration of the Judge's Decision, the exceptions, and the entire record, we adopt the Judge's findings, conclusions, and recommended Order. See Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA 788 (1986) (Farmers Home), 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 asserts that this case is distinguishable from Farmers Home. According to the Respondent, 22 of the 34 members of the bargaining unit represented by the Union have requested that the Respondent keep their home addresses confidential. Exceptions at 2. Therefore, based on this factual distinction, the Respondent contends that the Administrative Law Judge did not consider all relevant factual issues in this case in granting the General Counsel's Motion for Summary Judgment. Respondent's Exhibit A at 4.
We disagree. The factual distinction between this case and Farmers Home is not material. See Department of the Navy, U.S. Naval Ordnance Station, Louisville, Kentucky, 33 FLRA No. 1 (1988) (in which the Authority rejected an assertion by a respondent that Farmers Home was distinguishable because the union was denied only the home addresses of unit members who indicated in writing that they did not want their home addresses released). Further, the Respondent's assertion does not create a material issue of fact which precluded the Administrative Law Judge from finding that as a matter of law the General Counsel was entitled to summary judgment. Id.
Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor-Management Relations Statute, the Veterans Administration, Riverside National Cemetery, Riverside, California shall:
1. Cease and desist from:
(a) Refusing to furnish, upon request of the American Federation of Government Employees, Interdepartmental, Local 3854, AFL-CIO, 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