U.S. Department of Veterans Affairs, Medical Center, West Haven, Connecticut and American Federation of Government Employees, AFL-CIO, Local 1674 (Authority decision, June 6, 1991)

Final FLRA decision. The Authority adopts the judge’s unfair labor practice finding and orders disclosure. An aggrieved person may seek judicial review of this final order in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a). A petition does not stay the order unless the court orders a stay under § 7123(c).

Plain-English summary

The West Haven VA medical center refused the union’s request for bargaining unit employees’ names and home addresses. An administrative law judge granted summary judgment and found an unfair labor practice. The Authority adopted that decision, relying on its earlier Portsmouth Naval Shipyard ruling. It ordered the medical center to provide the information and post a notice for 60 days.

Decision snapshot

• Authority: 5 U.S.C. § 7114(b)(4); 5 U.S.C. § 7116(a)(1).
• Outcome: Unfair labor practice finding adopted; employee contact information ordered furnished.
• Key point: The medical center had to provide its bargaining unit employees’ names and home addresses to their union.

Full text (FLRA public release)

[ v41 p29 ]

41:0029(3)CA

The decision of the Authority follows:

41 FLRA No. 3

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF VETERANS AFFAIRS

MEDICAL CENTER

WEST HAVEN, CONNECTICUT

(Respondent/Agency)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

AFL-CIO

LOCAL 1674

(Charging Party/Union)

1-CA-10074

DECISION AND ORDER

June 6, 1991

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

The Administrative Law Judge issued the attached decision in the above-entitled proceeding finding that the Respondent violated section 7116(a)(1), (5), and (8) of the Federal Service Labor-Management Relations Statute by refusing to furnish the Union with the names and home addresses of bargaining unit employees represented by the Union. 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. Neither the General Counsel nor the Union filed an opposition to the Respondent's exceptions.

Pursuant to section 2423.29 of the Authority's Rules and Regulations, we have reviewed the rulings of the Judge and find that no prejudicial error was committed. The rulings are affirmed. On consideration of the entire record, we adopt the Judge's findings, conclusions, and recommended Order for the reasons fully set forth in U.S. Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire, 37 FLRA 515 (1990), application for enforcement filed sub nom. FLRA v. U.S. Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire, No. 90-1949 (1st Cir. Oct. 1, 1990).

II. 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 Statute), the U.S. Department of Veterans Affairs, Medical Center, West Haven, Connecticut, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, AFL-CIO, Local 1674, 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 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, AFL-CIO, Local 1674, the exclusive representative of certain of its employees, the names and home addresses of all employees in the bargaining unit it represents.

(b) Post at its facilities at the Department of Veterans Affairs, Medical Center, West Haven, Connecticut, where bargaining unit employees represented by the American Federation of Government Employees, AFL-CIO, Local 1674 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 Medical Center Director, West Haven, Connecticut, and shall be posted in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted and shall be maintained for 60 consecutive days thereafter. Reasonable steps shall be taken to ensure that such Notices are not altered, defaced, or covered by any other material.

(c) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Boston Region, Federal Labor Relations Authority, Boston, Massachusetts, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply.

NOTICE TO ALL EMPLOYEES

AS ORDERED BY THE FEDERAL LABOR RELATIONS AUTHORITY

AND TO EFFECTUATE THE POLICIES OF THE

FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE

WE NOTIFY OUR EMPLOYEES THAT:

WE WILL NOT refuse to furnish, upon request of the American Federation of Government Employees, AFL-CIO, Local 1674, the exclusive representative of certain of our employees, the names and home addresses of all employees in the bargaining unit it represents.

WE WILL NOT, in any like or related manner, interfere with, restrain, or coerce our employees in the exercise of their rights assured by the Statute.

WE WILL furnish the American Federation of Government Employees, AFL-CIO, Local 1674, the exclusive representative of certain of our employees, the names and home addresses of all employees in the bargaining unit it represents.

(Activity)

Dated: By:

(Signature) (Title)

This Notice must remain posted for 60 consecutive days from the date of posting, and must not be altered, defaced, or covered by any other material.

If employees have any questions concerning this Notice or compliance with its provisions, they may communicate directly with the Regional Director, Boston Region, Federal Labor Relations Authority, whose address is: 10 Causeway Street, Room 1017A, Boston, MA 02222-1046 and whose telephone number is: (617) 565-7280.

FOOTNOTES:
(If blank, the decision does not
have footnotes.)