46:1280(120)CA - - VA, San Diego Regional Office, San Diego, CA and AFGE Local 490 - - 1993 FLRAdec CA - - v46 p1280
[ v46 p1280 ]
The decision of the Authority follows:
46 FLRA No. 120
FEDERAL LABOR RELATIONS AUTHORITY
DEPARTMENT OF VETERANS AFFAIRS
SAN DIEGO REGIONAL OFFICE
SAN DIEGO, CALIFORNIA
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
LOCAL 490, AFL-CIO
DECISION AND ORDER
January 29, 1993
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
This unfair labor practice case is before the Authority in accordance with section 2429.1(a) of the Authority's Rules and Regulations based on a stipulation of facts by the parties, who have agreed that no material issue of fact exists. The General Counsel filed a brief and the Respondent did not file a brief with the Authority.
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 failing to respond to the Union's request for the names and home addresses of bargaining unit employees represented by the Union and by failing and refusing to provide the Union with the requested information. For the following reasons, we find that the Respondent committed the unfair labor practices as alleged.
The American Federation of Employees, AFL-CIO (AFGE) is the exclusive representative of a unit of Respondent's employees. AFGE, Local 490 (Local 490) is an agent for AFGE representing unit employees at Respondent's facilities. On February 8, 1991, Local 490 requested the Respondent to provide it with the names and home addresses of all employees in the bargaining unit at Respondent's San Diego facility. By memorandum dated February 15, 1991, the Respondent refused to provide Local 490 with the data it requested.
The parties stipulated that the requested information is normally maintained by the Respondent in the regular course of business and does not constitute guidance, counsel, or training provided for management officials or supervisors related to collective bargaining. The parties also stipulated that the data is "available only in accordance with law and that alternative means of communication between the Local and the members of the bargaining unit exist." Stipulation, paragraph 9(c).
The parties further stipulated that the Respondent maintains that the Union does not need the requested names and home addresses in order to "communicate with bargaining unit employees or for 'full and proper discussion, understanding and negotiation of subjects within the scope of bargaining.'" Stipulation, paragraph 9(c). In addition, the parties stipulated that written consents were neither requested nor obtained from the bargaining unit employees to release the requested information and that the Respondent asserts that it "does not currently maintain a system of records from which disclosure of employees' names and home addresses is legally authorized in these circumstances under the Privacy Act without the employees' prior written consent." Stipulation, paragraph 9(e).
III. Analysis and Conclusions
In U.S. Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire, 37 FLRA 515 (1990) (Portsmouth Naval Shipyard), enforcement denied sub nom. FLRA v. U.S. Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire, 941 F.2d 49 (1st Cir. 1991) (FLRA v. Portsmouth Naval Shipyard), we concluded that the release of the names and home addresses of bargaining unit employees to their exclusive representatives 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) of the Statute. We also determined that the release of the information generally is required without regard to whether alternative means of communication are available. Further, it is evident from the parties' stipulation that the other requirements of section 7114(b)(4)(A), (B), and (C) have been met in this case.
In Department of Veterans Affairs, Medical and Regional Office Center Fargo, North Dakota, 46 FLRA No. 115 (1993) (VA Fargo), we concluded that we would no longer follow Portsmouth Naval Shipyard insofar as that decision held that disclosure of unit employees' names and home addresses was authorized under exception b(3) of the Privacy Act.
Accordingly, consistent with the parties' stipulation and based on the Authority's decision in Portsmouth Naval Shipyard, as modified by VA Fargo, we find that the Respondent was required to furnish the Union with the names and home addresses of employees in the bargaining unit represented by the Union.(*) Its refusal to do so 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 Department of Veterans Affairs, San Diego Regional Office, San Diego, California, shall:
1. Cease and desist from:
(a) Refusing to furnish, upon request of the American Federation of Government Employees, Local 490, AFL-CIO, the requested names and home addresses of employees in the bargaining unit represented by the Union.
(b) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of their rights assured 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, Local 490, AFL-CIO, the exclusive representative of certain employees of the Department of Veterans Affairs, San Diego Regional Office, San Diego, California, the requested names and home addresses.
(b) Post at its facilities where bargaining unit employees represented by the American Federation of Government Employees, Local 490, AFL-CIO, 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 Director Department of Veterans Affairs, San Diego Regional Office, San D