Social Security Administration, Boston Region and AFGE Local 1164 (Authority decision, January 28, 1991)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority finding an unfair labor practice. An aggrieved person may seek judicial review by filing a petition in 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 Authority's order unless the court orders a stay under 5 U.S.C. § 7123(c).

Plain-English summary

AFGE Local 1164 asked the Social Security Administration's Boston Region for the names and home addresses of employees it represented. The agency refused, and an administrative law judge found that refusal to be an unfair labor practice. The Authority adopted the judge's findings and order over the agency's exceptions. It directed the agency to provide the information, stop refusing such requests, and post a notice to employees.

Decision snapshot

• Authority: Unfair labor practice order under 5 U.S.C. § 7118.
• Outcome: Judge's violation finding affirmed; agency ordered to furnish names and home addresses and post notice.
• Key point: The agency's refusal to provide its bargaining unit's contact information to the exclusive representative violated the labor statute.

Full text (FLRA public release)

[ v39 p110 ]
39:0110(8)CA

The decision of the Authority follows:

39 FLRA No. 8

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF HEALTH AND HUMAN
SERVICES

SOCIAL SECURITY ADMINISTRATION

BOSTON REGION

BOSTON, MASSACHUSETTS

(Respondent)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 1164, AFL-CIO

(Charging Party)

1-CA-90390

DECISION AND ORDER

January 28, 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 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. Neither the General Counsel nor the Charging Party 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 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 for the reason 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 Social Security Administration, Boston Region, Boston, Massachusetts shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of Local 1164, American Federation of Government Employees, 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 to effectuate the
   purposes and policies of the Statute:

(a) Furnish Local 1164, American Federation of Government Employees, 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) Post at its facilities where bargaining unit employees represented by Local 1164, American Federation of Government Employees, 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 Regional Director, Social Security Administration, Boston Region, Boston, Massachusetts 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 to furnish, upon request of Local 1164, American Federation of Government Employees, AFL-CIO, 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 Local 1164, American Federation of Government Employees, AFL-CIO, 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.)