Department of Health and Human Services, Region I (Boston, Massachusetts) and National Treasury Employees Union, Chapter 236 (Authority decision, October 12, 1988)

Final FLRA decision. The Authority adopts the judge's finding that HHS Region I committed an unfair labor practice by refusing a bargaining unit contact list. An aggrieved person may seek judicial review of this final Authority order within 60 days after issuance under 5 U.S.C. § 7123(a); filing does not stay the order unless the court orders a stay under § 7123(c).

Plain-English summary

NTEU Chapter 236 asked HHS Region I in Boston for the names and home addresses of employees in the unit it represented. HHS refused to provide them. An administrative law judge granted summary judgment for the General Counsel and found an unfair labor practice. The Authority affirmed the judge's rulings and adopted the recommended order. HHS must furnish the list to the union and post a notice to employees.

Decision snapshot

• Authority: Unfair labor practice remedy under 5 U.S.C. § 7118.
• Outcome: Judge's violation finding affirmed; contact list and notice posting ordered.
• Key point: The Authority adopted the judge's conclusion that withholding the unit's names and home addresses violated the statute.

Full text (FLRA public release)

[ v33 p43 ]
33:0043(5)CA

The decision of the Authority follows:

33 FLRA No. 5

FEDERAL LABOR RELATIONS
AUTHORITY

WASHINGTON, D.C.

DEPARTMENT OF HEALTH AND HUMAN
SERVICES

REGION I (BOSTON,
MASSACHUSETTS)

(Respondent)

and

NATIONAL TREASURY EMPLOYEES UNION
AND

NATIONAL TREASURY EMPLOYEES
UNION

CHAPTER 236

(Charging Party)

1-CA-70284

DECISION AND ORDER

October 12, 1988

Before Chairman Calhoun and Member
McKee.

The Administrative Law Judge issued the attached decision in the above-entitled proceeding, finding that the Respondent had engaged in the unfair labor practices alleged in the complaint by refusing to furnish, upon request of the Charging Party, the names and home addresses of bargaining unit 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 and the General Counsel filed an opposition 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. The rulings are affirmed. 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), 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), petition for cert. filed, 57 U.S.L.W. 3186 (U.S. Aug. 26, 1988) (No. 88-356), 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), petition for cert. filed, 57 U.S.L.W. 3186 (U.S. Aug. 26, 1988) (No. 88-354), 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), petition for cert. filed, 57 U.S.L.W. 3186 (U.S. Aug. 26, 1988) (No. 88-355), 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).

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 Health and Human Services, Region I (Boston, Massachusetts), shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the National Treasury Employees Union, Chapter 236, the designated agent of the National Treasury Employees Union, 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 to
   effectuate the purposes and policies of the Statute:

(a) Furnish the National Treasury Employees Union, Chapter 236, the designated agent of the National Treasury Employees Union, 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 all facilities where bargaining unit employees represented by the National Treasury Employees Union, Chapter 236, 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 Regional Director 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, 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.

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 or fail to furnish, upon request of the National Treasury Employees Union, Chapter 236, the designated agent of the National Treasury Employees Union, 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 the rights assured them by the Federal Service Labor-Management Relations Statute.

WE WILL furnish the National Treasury Employees Union, Chapter 236, the designated agent of the National Treasury Employees Union, the exclusive representative of a bargaining unit 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, Region I, Federal Labor Relations Authority, whose address is: 10 Causeway Street, Room 1017, Boston, MA 02222-1046 and whose telephone number is: (617) 565-7280.

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