Department of Energy, Pittsburgh Energy Technology Center and American Federation of Government Employees, Local 1916 (Authority decision, October 24, 1988)

Final FLRA decision. The Authority finds that the Department of Energy committed an unfair labor practice by directing its Pittsburgh center to withhold employee names and home addresses, while leaving the complaint against the center dismissed. 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).

Plain-English summary

AFGE Local 1916 requested names and home addresses of employees it represented at the Pittsburgh Energy Technology Center. The Department of Energy directed the center to refuse. An administrative law judge found that DOE, rather than the center acting without discretion, committed the unfair labor practice. The Authority adopted that finding and rejected DOE's unsupported claim that disclosure would pose an unacceptable security risk. It ordered DOE to direct the center to furnish the information, stop similar instructions to other component offices, post a notice, and report compliance.

Decision snapshot

• Authority: Unfair labor practice remedy under 5 U.S.C. § 7118.
• Outcome: DOE violation found and remedied; complaint against Pittsburgh center dismissed.
• Key point: DOE offered no evidence that giving the union employee names and addresses would create the security risk it asserted.

Full text (FLRA public release)

[ v33 p249 ]
33:0249(29)CA

The decision of the Authority follows:

33 FLRA No. 29

FEDERAL LABOR RELATIONS
AUTHORITY

WASHINGTON, D.C.

DEPARTMENT OF
ENERGY

AND

DEPARTMENT OF
ENERGY

PITTSBURGH ENERGY TECHNOLOGY
CENTER

(Respondents)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 1916

AFL-CIO

(Charging Party)

2-CA-80050

DECISION AND ORDER

October 24, 1988

Before Chairman Calhoun and Member
McKee.

The Administrative Law Judge issued the attached decision in the above-entitled proceeding, finding that Respondent Department of Energy (the Agency) had engaged in the unfair labor practices alleged in the complaint by directing Respondent Pittsburgh Energy Technology Center (the Activity) to refuse to furnish, upon request of the Charging Party, the names and home addresses of bargaining unit employees. The Judge further found that Respondent Activity was acting ministerially and without discretion in the matter and dismissed the complaint against that Respondent. The Judge granted the General Counsel's motion for summary judgment and recommended that Respondent Agency be ordered to take appropriate remedial action. Respondent Agency filed exceptions to the Judge's Decision.

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), 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), 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), 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).

With respect to Respondent Agency's exception to the scope of the Judge's recommended Order, we find that it is appropriate to require Respondent Agency to cease and desist from implementing its established policy of directing component activities to refuse to furnish on request of the Union, or designated agents of the Union, the names and home addresses of employees in the bargaining units they represent. See United States Department of Justice, United States Immigration and Naturalization Service, Washington, D.C. and United States Department of Justice, United States Immigration and Naturalization Service, Houston District Office, Houston, Texas, 31 FLRA 942, 945 (1988), petition for review filed sub nom. United States Department of Justice, United States Immigration and Naturalization Service, Washington, D.C. and United States Department of Justice, United States Immigration and Naturalization Service, Houston District Office, Houston, Texas v. FLRA, No. 88-1290 (D.C. Cir. Apr. 14, 1988).

Further, Respondent Agency contends that the Judge ignored the Agency's "grave national security responsibilities, thereby potentially jeopardizing serious national security interests." Agency's Exceptions at 9. According to the Respondent Agency, the Judge failed to consider the possibility that the release of unit employees' names and home addresses could present an unacceptable security risk. Respondent Agency, however, has not presented evidence that the release of the names and home addresses of unit employees to the Union would endanger the safety of its activities. We note that in Farmers Home the Authority stated that "[d]isclosure need not be made in situations where, for example, the evidence discloses that a union has acted in a manner which leads to the conclusion that the employees whose addresses would be disclosed would be in imminent danger if the union knew where they lived. See, for example, Shell Oil Co. v. NLRB, 457 F.2d 615 (9th Cir. 1972)." 23 FLRA at 798. Respondent Agency has not presented evidence to support its contention that disclosure would present an unacceptable security risk. See Department of Justice, U.S. Immigration and Naturalization Service, Atlanta, Georgia, 32 FLRA 369 (1988).

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 Energy shall:

1. Cease and desist from:

(a) Directing the Department of Energy, Pittsburgh Energy Technology Center to refuse to furnish the American Federation of Government Employees, Local 1916, 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) Directing other component activities of the United States Department of Energy to refuse to furnish on request of the exclusive representative of bargaining units of its employees or the designated agents of the exclusive representative for bargaining units of its employees the names and home addresses of employees in the units they represent.

(c) 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) Direct the Department of Energy, Pittsburgh Energy Technology Center to furnish the American Federation of Government Employees, Local 1916, 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 facility, Pittsburgh Energy Technology Center, where bargaining unit employees represented by the American Federation of Government Employees, Local 1916, 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 Director, United States Department of Energy, Headquarters Personnel Operations Division 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 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.

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 direct the Department of Energy, Pittsburgh Energy Technology Center to refuse to furnish the American Federation of Government Employees, Local 1916, 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 direct other component activities of the United States Department of Energy to refuse to furnish on request of the exclusive representative of bargaining units of our employees or the designated agents of the exclusive representative for bargaining units of our employees the names and home addresses of employees in the units they represent.

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 direct the Department of Energy, Pittsburgh Energy Technology Center to furnish the American Federation of Government Employees, Local 1916, AFL-CIO, 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, Region II, Federal Labor Relations Authority, whose address is: 26 Federal Plaza, Room 3700, New York, New York 10278 and whose telephone number is: (212) 264-4934.

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