Social Security Administration, Northeastern Program Service Center and American Federation of Government Employees, Local 1760 (Authority decision, November 19, 1986)

Final FLRA decision. On court remand, the Authority finds an unfair labor practice and orders the Social Security Administration to furnish bargaining unit employees' home addresses to their union upon request. An aggrieved person may seek judicial review of this final Authority order 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 order unless the court orders a stay under § 7123(c).

Plain-English summary

AFGE Local 1760 requested home addresses of employees it represented at a Social Security Administration service center. The Authority initially rejected the request as barred by the Privacy Act, but the Second Circuit reversed and remanded the case. Applying the court's decision and a later Authority ruling, the Authority found the addresses necessary for representation, reasonably available, and not prohibited from disclosure on this record. It held that the service center's refusal was an unfair labor practice and ordered the addresses supplied upon request and notices posted. The order replaced the Authority's earlier contrary decision in the same case.

Decision snapshot

• Authority: Union information rights under 5 U.S.C. § 7114(b)(4).
• Outcome: On remand, unfair labor practice found and address disclosure ordered.
• Key point: The court's reversal and the Authority's updated ruling required the service center to furnish the requested addresses.

Full text (FLRA public release)

[ v24 p108 ]

24:0108(13)CA

The decision of the Authority follows:

24 FLRA No. 13

SOCIAL SECURITY ADMINISTRATION
NORTHEASTERN PROGRAM SERVICE CENTER
Respondent

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1760, AFL-CIO
Charging Party

Case No. 2-CA-30643
(19 FLRA No. 108)

DECISION AND ORDER ON REMAND

I. Statement of the Case

This case is before the Authority pursuant to a remand from the United States Court of Appeals for the Second Circuit. American Federation of Government Employees, Local 1760 v. FLRA, 786 F.2d 554 (2d Cir. 1986). The question in this case is whether it was an unfair labor practice under the Federal Service Labor-Management Relations Statute (the Statute) for the Respondent (Agency) to refuse a request, made pursuant to section 7114(b)(4) of the Statute, to provide the Charging Party (Union) with the home addresses of employees of the Respondent who are part of a national, exclusive bargaining unit represented by the American Federation of Government Employees.

In a recent Decision and Order on Remand in another case, Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA No. 101 (1986) (FHAFO), we reviewed the Authority's previous decision concerning the release of the names and home addresses of bargaining unit employees to exclusive representatives. We concluded that the release of the information 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). We also determined that the release of the information is generally required without regard to whether alternative means of communication are available. Consistent with our decision on remand in FHAFO, with the Second Circuit's reversal of our previous decision in this case, and with the Administrative Law Judge's decision in this case, we conclude that the Respondent's refusal to provide the Union with the home addresses of bargaining unit employees violated section 7116(a)(1), (5) and (8) of the Statute.

II. Facts

The Union acts as the representative of the Respondent's employees as part of a nationwide bargaining unit. The Union requested the names and home addresses of the unit employees it represents. The Respondent denied the request for the home addresses on the grounds that the release of such information would violate the Privacy Act; that the information was not readily available because it would require the compilation of addresses from many sources; and that the Union had not established why the information was relevant and necessary.

III. Administrative Law Judge's Decision

The Judge concluded that the Respondent failed to comply with the requirements of section 7114(b)(4) of the Statute in violation of section 7116(a)(1), (5) and (8) when it refused to provide the Union, upon request, with the home addresses of the unit employees. In reaching that conclusion, the Judge found that: (1) the information was relevant and necessary for the Union to communicate effectively with the unit employees in order to formulate proposals for collective bargaining purposes; (2) no undue burden would be imposed on the Respondent to extract the information from sources that were reasonably available; (3) the alternative means of communication that were available to the Union did not provide appropriate and reliable access to the employees; and (4) the Privacy Act /1/ was not a bar to disclosure of the information.

IV. Positions of the Parties

The parties' positions were set forth in the Respondent's exceptions and the General Counsel's response in the original case. The Respondent contended that the Judge's conclusion that an agency must provide a union with home addresses of bargaining unit employees unless alternative access to the information exists and is equal to the access which could be achieved through the use of home addresses is unsupported by section 7114(b)(4) of the Statute. The Respondent also excepted to the Judge's conclusion that the Privacy Act did not bar disclosure of the information. Finally, the Respondent contended that the disclosure of home addresses would violate employees' rights under section 7102 of the Statute to refrain from activity supporting a labor organization.

The General Counsel argued that the Judge's decision was correct and urged the Authority to adopt his findings.

V. Previous Decision of the Authority.

In its previous decision in this case, Social Security Administration, Northeastern Program Service Center, 19 FLRA No. 108 (1985), the Authority followed the precedent established in the original decision in the FHAFO case, 19 FLRA No. 21 (1985). The Authority found, contrary to the Judge, that the Respondent did not commit an unfair labor practice when it denied the Union's request for the unit employees' home addresses. The Authority ruled that release of the information was "prohibited by law," specifically the Privacy Act. The Union appealed. American Federation of Government Employees, Local 1760 v. FLRA, No. 85-4144 (2d Cir.). The Authority requested that the court remand the case to address whether disclosure of the information sought by the Union was "prohibited by law," i.e., the Privacy Act, because of the applicability of the Privacy Act's "routine use" exception, 5 U.S.C. 552a(b)(3), and such other issues arising under the Statute as might be appropriate. /2/ The court denied the Authority's request and issued a decision.

VI. Decision of the Second Circuit

The court reversed the Authority's holding that the release of the employees' home addresses was "prohibited by law," i.e., the Privacy Act, under section 7114(b)(4) of the Statute. The court agreed with the Authority that it was necessary to apply a balancing test under exemption (b)(6) of the Freedom of Information Act (FOIA), /3/ to resolve the case, but found that the "privacy interest of the average employee in his address is not particularly compelling." AFGE Local 1760, 786 F.2d at 556. The court noted Congress' determination that collective bargaining is in the public interest and also noted its prior holdings in private sector cases that the mere existence of alternative means of communication with unit employees is not sufficient to justify the refusal of a union's request for home addresses. The court agreed with the Administrative Law Judge in this case that the alternative means of communication available to the Union were inadequate, and that the other requirements for the release of home addresses pursuant to section 7114(b)(4) of the Statute had been met. The court therefore remanded this case to the Authority to find a violation and require the Respondent to disclose the unit employees' home addresses to the Union. The court did not address the "routine use" issue.

The Authority decided to review the entire issue of the release of employees' names and home addresses, and invited agencies, unions, and interested persons to submit amicus briefs addressing the issue. A number of amicus submissions were received. Although the parties in this case did not submit amicus briefs, the Department of Health and Human Services and the American Federation of Government Employees did file amicus briefs outlining their positions.

VII. Analysis and Conclusion

As noted above, the Authority in the decision on remand in FHAFO concluded that the release of the names and home addresses of bargaining unit employees to the exclusive representative of those employees is not prohibited by law, is necessary for unions to fulfill their duties under the Statute, and meets the other requirements of section 7114(b)(4). We determined that agencies are required to furnish such information without regard to whether alternative means of communication are available. Based on the court's decision in this case and our decision on remand in the FHAFO case, we find that the Respondent was required to furnish the Union with the home addresses of the employees in the bargaining unit. Further, we find that the home addresses of the unit employees are reasonably available to the Respondent and that it would not place an undue burden on the Respondent to provide the Union with the information requested. Finally, we conclude that the Respondent's refusal to furnish the requested information in this case constituted a violation of section 7116(a)(1), (5) and (8) of the Statute.

ORDER

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor-Management Relations Statute, it is ordered that the Social Security Administration, Northeastern Program Service Center. shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request by the American Federation of Government Employees, Local 1760, AFL-CIO, the exclusive representative of its employees, the 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) Upon request by the American Federation of Government Employees, Local 1760, AFL-CIO, the exclusive representative of its employees, furnish it with the home addresses of employees in the bargaining unit it represents.

(b) Post at all its facilities where bargaining unit employees represented by the American Federation of Government Employees, Local 1760, 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 a senior official of the Social Security Administration, Northeastern Program Service Center, and shall be posted and maintained for 60 consecutive days thereafter, in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted. Reasonable steps shall be taken to insure 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 II, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply.

Issued, Washington, D.C., November 19, 1986.

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

--------------- FOOTNOTES$ ---------------

(1) Privacy Act of 1974, 5 U.S.C. Section 552a (1982).

(2) The Authority also sought remands in three other cases then pending in other circuits presenting substantially identical issues. The review proceedings involved were American Federation of Government Employees, Local 3354 v. FLRA, No. 85-1493 (D.C. Cir.) (reviewing the Authority's original decision in the FHAFO case, 19 FLRA No. 21); Philadelphia Metal Trades Council v. FLRA, No. 85-1625 (D.C. Cir.) (reviewing 19 FLRA No. 107); and National Federation of Federal Employees, Local 1827 v. FLRA, No. 85-2202 (8th Cir.) (reviewing 19 FLRA No. 85). The courts granted the Authority's motions for remand in those cases.

(3) Freedom of Information Act, 5 U.S.C. Section 552 (1982).

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 WE HEREBY NOTIFY OUR EMPLOYEES THAT:

WE WILL NOT refuse to furnish, upon request by the American Federation of Government Employees, Local 1760, AFL-CIO, the exclusive representative of our employees, the 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, upon request by the American Federation of Government Employees, Local 1760, AFL-CIO, the exclusive representative of our employees, furnish it with the 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 II, Federal Labor Relations Authority, whose address is: 26 Federal Plaza, Room 3700, New York, N.Y. 10278 and whose telephone number is: (212) 264-4934.