U.S. Department of the Navy, Navy Ships Parts Control Center, Navy Fleet Material Support Office, NAVSEA Logistics Center, and Navy Publishing and Printing Service and American Federation of Government Employees, Local 1156 (Authority decision, September 28, 1990)

Final FLRA decision. This is the Authority's final unfair labor practice order under 5 U.S.C. §§ 7116 and 7118. 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 1156 sought the names and home addresses of bargaining unit employees from several Navy supply offices. The offices refused and proposed giving employees a choice about whether the union could receive home addresses. An administrative law judge found an unfair labor practice. The Authority agreed that the statutory information duty required disclosure and rejected a mandatory consent or mailing preference condition. It ordered the offices to furnish the records and post notices.

Decision snapshot

• Authority: Information duty under 5 U.S.C. § 7114(b)(4); unfair labor practices under § 7116(a)(1), (5), and (8).
• Outcome: Unfair labor practice found; names and home addresses ordered disclosed.
• Key point: The agency could not condition the union's statutory access on an advance employee preference process.

Full text (FLRA public release)

[ v37 p722 ]
37:0722(58)CA

The decision of the Authority follows:

37 FLRA No. 58

FEDERAL LABOR RELATIONS
AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF THE
NAVY

NAVY SHIPS PARTS CONTROL
CENTER

AND

NAVY FLEET MATERIAL SUPPORT
OFFICE

AND

NAVSEA LOGISTICS
CENTER

AND

NAVY PUBLISHING AND PRINTING
SERVICE

(Respondents)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 1156

(Charging Party)

2-CA-80243

DECISION AND ORDER

September 28, 1990

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 Respondents 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 Respondents be ordered to take appropriate remedial action. The Respondents filed exceptions to the Judge's Decision. The General Counsel did not file an opposition to the Respondents' 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, as modified,(1) for the reasons fully set forth in U.S. Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire, 37 FLRA No. 39 (1990) (Portsmouth Naval Shipyard).

We have considered the Respondents' request that we apply in this case the decisions of (1) the U.S. Court of Appeals for the Eighth Circuit in Farmers Home Administration Finance Office, St., Louis, Missouri v. FLRA, 836 F.2d 1139, 1144 (8th Cir. 1988) (Farmers Home)(2), which concluded that disclosure should be required of the names and addresses of "only those employees who do not request their employers to keep the information confidential"; and (2) the U.S. Court of Appeals for the Seventh Circuit in U.S. Department of the Air Force, Scott Air Force Base, Illinois v. FLRA, 838 F.2d 229, 233 (7th Cir. 1988) (Scott AFB), which discussed "a middle ground under which each employee would receive a form with a request to check off whether he would like to receive the [u]nion's mail at home or at the office[.]" We reject the Respondents' request and reaffirm that the release of names and home addresses of unit employees is not prohibited by law. We note that in Portsmouth Naval Shipyard we have emphasized that employees retain the ability to make such a choice. We do not, however, believe that the labor relations process is enhanced by requiring such a limitation on unions' statutory rights.

The Union's request for the names and home addresses of unit employees satisfies the requirements of section 7114(b)(4). Therefore, the Respondents were required to provide the data requested by the Union and their refusal to do so violated section 7116(a)(1), (5) and (8) of the Statute.

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 Navy Ships Parts Control Center, the Navy Fleet Material Support Office, the NAVSEA Logistics Center, and the Navy Publishing and Printing Service shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, Local 1156, AFL-CIO, the exclusive representative of certain of their employees, the names and home addresses of all employees in the bargaining units it represents.

(b) In any like or related manner, interfering with, restraining, or coercing their 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 American Federation of Government Employees, Local 1156, AFL-CIO, the exclusive representative of certain of their employees, the names and home addresses of all employees in the bargaining units it represents at the above-referenced facilities in Mechanicsburg, Pennsylvania.

(b) Post at the Navy Ships Parts Control Center, the Navy Fleet Material Support Office, the NAVSEA Logistics Center, and the Navy Publishing and Printing Service, respectively, copies of the attached Notices marked A, B, C, and D on forms to be furnished by the Federal Labor Relations Authority. Upon receipt of such forms, they shall be signed by the Commanding Officer, or the Director in the case where there is no Commanding Officer, 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 A

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 the American Federation of Government Employees, Local 1156, 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 the American Federation of Government Employees, Local 1156, 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 at the Navy Ships Parts Control Center, Mechanicsburg, Pennsylvania.

_______
(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.

NOTICE B

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 the American Federation of Government Employees, Local 1156, 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 the American Federation of Government Employees, Local 1156, 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 at the Navy Fleet Material Support Office, Mechanicsburg, Pennsylvania.

_______
(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.

NOTICE C

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 the American Federation of Government Employees, Local 1156, 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 the American Federation of Government Employees, Local 1156, 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 at the NAVSEA Logistics Center, Mechanicsburg, Pennsylvania.

__________
(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.

NOTICE D

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 the American Federation of Government Employees, Local 1156, 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 the American Federation of Government Employees, Local 1156, 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 at the Navy Publishing and Printing Service, Mechanicsburg, Pennsylvania.

__________
(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.)

1. In his recommended Order the
   Judge directed that the notices be signed by "a responsible official." Judge's Decision at 6. The Judge's recommended Order has been modified to require that the notices be signed by an official designated by the Authority rather than one determined by the Respondents. See Department of the Air Force, Sacramento Air Logistics Center, McClellan Air Force Base, California, 35 FLRA 1230, 1231-32 (1990).

2. The Eighth Circuit
   subsequently vacated as moot its decision in Farmers Home. See Portsmouth Naval Shipyard, slip op. at 3 n.5.