Hanscom Air Force Base and NAGE Local R1-8 (Authority decision, June 24, 1987)

Final FLRA decision. The Authority adopts an ALJ's finding that Hanscom Air Force Base unlawfully withheld bargaining unit employees' names and home addresses and orders disclosure and notice posting. An aggrieved person may seek judicial review of a final Authority order by petitioning an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a). Filing a petition does not stay the order unless the court orders a stay under § 7123(c).

Plain-English summary

NAGE Local R1-8 requested names and home addresses for employees it represented at Hanscom Air Force Base. The base refused, citing the Privacy Act and the union's other means of contacting employees. An ALJ found that the records were maintained by the base and that the refusal violated the statutory information duty under the Authority's Farmers Home ruling. The Authority adopted the ALJ's findings and order. It directed the base to provide the information and post a notice to employees.

Decision snapshot

• Authority: Union information requests under 5 U.S.C. § 7114(b)(4).
• Outcome: ALJ unfair labor practice finding affirmed; disclosure and posting ordered.
• Key point: Under the Authority's analysis in this decision, privacy and alternative communication arguments did not excuse withholding the records.

Full text (FLRA public release)

[ v27 p650 ]

27:0650(75)CA

The decision of the Authority follows:

27 FLRA No. 75

DEPARTMENT OF THE AIR FORCE
HANSCOM AIR FORCE BASE
BEDFORD, MASSACHUSETTS
Respondent

and

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R1-8
Charging Party

Case No. 1-CA-60282

DECISION AND ORDER

The Administrative Law Judge issued the attached decision in the above entitled proceedings finding that the Respondent had engaged in the unfair labor practices alleged in the complaint, and recommending that the Respondent be ordered to take appropriate remedial action. The Respondent filed exceptions to the Judge's decision. The General Counsel filed a response to the 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 made at the hearing 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.

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 Department of the Air Force, Hanscom Air Force Base shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the National Association of Government Employees, Local R1-8, the exclusive representative of a bargaining unit of its employees, the names and home addresses of all employees in the unit.

(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 National Association of Government Employees, Local R1-8, the exclusive representative of a bargaining unit of its employees, the names and home addresses of all employees in the unit.

(b) Post at its facilities at the Hanscom Air Force Base, 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 Commander, Hanscom Air Force Base, and shall be posted and maintained for 60 consecutive days thereafter, in conspicuous places, including all bulletin boards and places were notices to employees are customarily posted. 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, Region I, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order as to what steps have been taken to comply herewith.

Issued, Washington, D.C., June 24, 1987.

/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
/s/ Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY

NOTICE TO ALL EMPLOYEES

PURSUANT TO A DECISION AND ORDER OF THE FEDERAL LABOR RELATIONS AUTHORITY AND IN ORDER TO EFFECTUATE THE POLICIES OF CHAPTER 71 OF TITLE 5 OF THE UNITED STATES CODE

FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS

WE HEREBY NOTIFY OUR EMPLOYEES THAT:

WE WILL NOT refuse or fail to furnish, upon request, of the National Association of Government Employees, Local R1-8, the exclusive representative of a bargaining unit of our employees, the names and home addresses of all bargaining unit employees.

WE WILL NOT in any like or related manner, interfere with, restrain, or coerce our employees in the exercise of their rights assured them by the Federal Service Labor-Management Relations Statute.

WE WILL furnish the National Association of Government Employees, Local R1-8, the exclusive representative of a bargaining unit of our employees, the names and home addresses of all employees in the unit. (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, Region I, Federal Labor Relations Authority, whose address is: 10 Causeway Street, Room 1017, Boston, Massachusetts 02222-1046, and whose telephone number is: (617) 565-7280.

-------------------- ALJ$ DECISION FOLLOWS --------------------

Case No. 1-CA-60282

DEPARTMENT OF THE AIR FORCE, HANSCOM AIR
FORCE BASE (BEDFORD, MASSACHUSETTS)
Respondent

and

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R-1-8
Charging Party

Major Steven E. Sherwood
Lorraine B. Iovanni
For the Respondent

Richard Martino
For the Charging Party

Marilyn H. Zuckerman, Esq.
For the General Counsel, FLRA

Before: SAMUEL A. CHAITOVITZ,
Administrative Law Judge

DECISION

Statement of the Case

This is a proceeding under the Federal Service Labor-Management Relations Statute, Chapter 71 of Title 5 of the U.S. Code, 5 USC Section 7101, et seq., 92 Stat. 1191 (hereinafter referred to as the Statute) and the Rules and Regulations of the Federal Labor Relations Authority (FLRA), 5 C.F.R. Chapter XIV, Section 2410, et seq.

Pursuant to a charge filed on May 27, 1986 by the National Association of Government Employees, Local R-1-8, hereinafter called the Union, and a first amended charge filed on July 18, 1986 against the Department of the Air Force, Hanscom Air Force Base, hereinafter called the Respondent, the General Counsel of the FLRA, by the Regional Director of Region I, issued a Complaint and Notice of Hearing on July 24, 1986, alleging that the Respondent violated Section 7116(a)(1), (5) and (8) of the Statute by failing to furnish to the Union, upon request, the names and home addresses for all bargaining unit employees at Hanscom Air Force Base.

A hearing was conducted before the undersigned in Boston, Massachusetts on December 18, 1986. The Respondent, the Union and the General Counsel of the FLRA were represented and afforded full opportunity to be heard, to examine and cross-examine witnesses, to introduce evidence and to argue orally. Post-hearing briefs, including proposed findings and conclusions, were filed and have been fully considered.

Based on the entire record in this matter I make the following:

Findings of Fact

At all times material herein, the Union has been and is now the exclusive collective bargaining representative of an appropriate unit of employees consisting of:

All non-supervisory Wage Grade employees (WG and WL); all non-supervisory, non-professional General Schedule employees; non-supervisory General Schedule firefighters assigned to the New Boston Air Force Station; all of which are serviced by the Central Civilian Personnel Office, Hanscom Air Force Base, MA. Excluded from the aforementioned units are all professional employees, supervisors and management officials, guards, confidential employees, employees engaged in Federal personnel work other than in a purely clerical capacity, all General Schedule employees of their Air Force Geophysics Laboratory and the Deputy for Electronics Technology, Operating Location -- AL, Rome Air Development Center (RADC) and all non-supervisory employees of the Fire Protection Branch of the Base Civil Engineering Division, Hanscom Air Force Base, MA.

By letter dated April 14, 1986, the Union requested names and home addresses of all bargaining unit employees. Respondent replied by letter of May 20, 1986, that the Union would not be provided with the names and home addresses due to Privacy Act concerns and the means of alternative access available to the Union.

The names and home addresses of bargaining unit employees at Hanscom Air Force Base are maintained at that facility in their personnel files. This data is also available by work organization in the computer data system that is administered by the Civilian Payroll Office on the Base. The Base's Personnel Office maintains a code of employees by bargaining unit. Respondent's witness testified that it would not be difficult to extract individual Social Security numbers of employees from the bargaining unit status code in the Personnel Office and to cross-reference that with the civilian payroll system data to provide the names and home addresses of bargaining unit employees to the Union.

Discussion and Conclusions of Law

The Federal Labor Relations Authority has issued its lead decision on the names and home addresses of bargaining unit employees holding that, upon request, management must provide this data to unions. Farmers Home Administration, Finance Office, St. Louis, MO and American Federation of Government Employees, AFL-CIO, Local 3354, 23 FLRA No. 101, (October 31, 1986). There the Authority analyzed the interplay of the Statute, the Privacy Act, and the Freedom of Information Act, and concluded that "the release of names and home addresses to the Union is not prohibited by law, is necessary for the Union to fulfill its duties under the Statute, and meets the other requirements of Section 7114(b)(4)." Ibid., at page

11. The Authority found that a general written request for the
    information is sufficient, since,

"an exclusive representative's need for the names and home addresses of the bargaining unit employees it is required to represent is so apparent and essentially related to the nature of exclusive representation itself that . . . (the duty to supply the data) does depend upon any separate explanation by the union of its reasons for seeking the information." Ibid., at page 11.

In the instant case, it is undisputed that the Union submitted a written request for the names and home addresses of all bargaining unit employees and that the request was denied. The issues at trial were whether the sought after information is normally maintained by the Agency, whether it is necessary, and whether disclosure is prohibited by law. These issues will be analyzed in terms of the decision in Farmers Home Administration as follows:

A. Normally Maintained by the Agency

There is no question that the home addresses of federal employees are in their personnel files. Farmers Home Administration, ibid., at page

7. The names and home addresses of bargaining unit employees herein are
   maintained at Hanscom Air Force Base in their personnel files and in the computer data system by work organization in the Base's Civilian Payroll Office. The Personnel Office at the facility maintains a code of employees by bargaining unit. The data requested is "reasonably available" despite the fact that Respondent would have to compile the information by reconciling computer data with separate lists maintained at the Base. Air Force District of Washington and AFGE-GAIU Council of HQUSAF Locals, AFL-CIO, OALJ-87-15, Judge Garvin Lee Oliver, December 11, 1986. In short, the names and home addresses of bargaining unit employees are normally maintained in the regular course of business by the Agency and reasonably available within the meaning of the Statute.

B. Necessary

The data is also necessary to collective bargaining and the "mere existence of alternative means of communication is insufficient to justify a refusal to release the information." Farmers Home Administration, ibid., at page 9. There, the Authority found that it was not necessary to examine adequacy of alternative means,

"because the communication between unit employees and their exclusive representative which would be facilitated by release of names and home addresses information is fundamentally different from other communication through alternative means which are controlled in whole or in part by the agency." Ibid. at page 9.

The names and home addresses of bargaining unit employes is necessary information and should be provided to the Union whether or not alternative means of communication are available.

C. Prohibited by Law

The release of the names and home addresses is not prohibited by law since the provision of the data falls within the routine use excemption (b)(3) of the Privacy Act. Farmers Home Administration, ibid., at page

7. The release of the information is also not a clearly unwarranted
   invasion of privacy within the meaning of exemption (b)(6) of the FOIA referenced by exemption (b)(2) of the Privacy Act. Ibid., at page 5. In weighing individual privacy interests under these Statutes, the Authority tilts the balance in favor of disclosure, citing Getman v. NLRB, 450 F.2d 670, 674, (D.C. Cir. 1971), to enable the Union to identify bargaining unit employees and to communicate with them. The release of the names and home addresses is not prohibited by law since disclosure comes within exemptions (b)(2) and (b)(3) of the Privacy Act.

In light of the foregoing, I conclude that Respondent violated Section 7116(a)(1), (5) and (8) of the Statute by denying the Union's request pursuant to Section 7114(b)(4) for the names and home addresses of bargaining unit employees because this information is normally maintained by the Agency and is reasonably available and necessary for full and proper discussion, understanding and negotiation of subjects within the scope of collective bargaining and furnishing such data is not prohibited by law. To remedy this violation, the Respondent should be ordered to provide the Union with the names and home addresses of all bargaining unit employees and to post a Notice as required by the Authority in Farmers Home Administration.

Having concluded that Respondent violated Section 7116(a)(1)(5) and (8) of the Statute, I recommend that the Authority issue the following:

ORDER

Pursuant to Section 2423.29 of the Rules and Regulations of the Federal Labor Relations Authority and Section 7118 of the Statute, the Authority hereby orders that the Department of the Air Force, Hanscom Air Force Base, shall:

1. Cease and desist from:

(a) Refusing or failing to furnish upon request of the National Association of Government Employees, Local R-1-8, the addresses of all unit employees.

(b) In any like or related manner, interfering with, restraining or coercing employees in the exercise of their rights assured by the Federal Service Labor-Management Relations Statute.

2. Take the following affirmative action in order to effectuate the
   purposes and policies of the Statute:

(a) Upon request, furnish to the National Association of Government Employees, Local R-1-8, the names and addresses of all unit employees.

(b) Post at its facilities at the Hanscom Air Force Base, copies of the attached Notice marked "Appendix" on forms to be furnished by the Authority. Upon receipt of such forms, they shall be signed by the Commander, Hanscom Air Force Base, and shall be posted and maintained by him for 60 consecutive days thereafter, in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted. The Commander shall take reasonable steps to insure that such notices are not altered, defaced, or covered by any other magterial.

(c) Pursuant to 5 C.F.R. Section 2423.30 notify the Regional Director, Region 1, 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 herewith.

/s/ SAMUEL A. CHAITOVITZ
Administrative Law Judge

Dated: March 24, 1987
Washington, D.C.

APPENDIX

NOTICE TO ALL EMPLOYEES

PURSUANT TO A DECISION AND ORDER OF THE FEDERAL LABOR RELATIONS AUTHORITY AND IN ORDER TO EFFECTUATE THE POLICIES OF CHAPTER 71 OF TITLE 5 OF THE UNITED STATES CODE

FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE

WE HEREBY NOTIFY OUR EMPLOYEES THAT:

WE WILL NOT refuse or fail to furnish upon request of the National Association of Government Employees, Local R-1-8, the addresses of all unit employees.

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 Federal Service Labor-Management Relations Statute.

WE WILL, upon request, furnish to the National Association of Government Employees, Local R-1-8, the names and addresses of all unit employees. (Agency or Activity)

Dated: . . . By: (Signature)

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 any of its provisions, they may communicate directly with the Regional Director of the Federal Labor Relations Authority, Region 1, whose address is: 10 Causeway Street, Room 1017, Boston, Massachusetts 02222-1046, and whose telephone number is: (617) 565-7280.