U.S. Department of Health and Human Services, Health Care Financing Administration and American Federation of Government Employees, Local 1923 (Authority decision, June 28, 1991)

Final FLRA decision. The Authority adopts an administrative law judge's finding that the Health Care Financing Administration committed an unfair labor practice by refusing to provide employee names and home addresses to the bargaining unit's union. It orders disclosure and a notice posting. An aggrieved person may seek judicial review by petitioning 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

The union representing Health Care Financing Administration employees requested the names and home addresses of employees in its bargaining unit. The agency refused. An administrative law judge granted summary judgment for the General Counsel and found the refusal violated the federal labor statute. The Authority adopted the judge's findings and ordered the agency to provide the list, cease refusing such requests, and post a notice for 60 days.

Decision snapshot

• Authority: Unfair labor practices under 5 U.S.C. § 7116(a); remedial order under § 7118.
• Outcome: Judge's violation finding adopted; names and home addresses ordered disclosed.
• Key point: The agency's refusal to supply the represented employees' address list violated the Statute.

Full text (FLRA public release)

[ v41 p496 ]

41:0496(47)CA

The decision of the Authority follows:

41 FLRA No. 47

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES

HEALTH CARE FINANCING ADMINISTRATION

(Respondent)

AND

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 1923, AFL-CIO

(Charging Party)

3-CA-10176

DECISION AND ORDER

June 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 violated section 7116(a)(1), (5), and (8) of the Federal Service Labor-Management Relations Statute (the Statute) by failing and refusing to furnish the Charging Party with the names and home addresses of bargaining unit employees represented by the Charging Party. 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. The General Counsel did not file an opposition to the Respondent's exceptions.

Pursuant to section 2423.29 of the Authority's Rules and Regulations, we have reviewed the rulings of the Judge and find that no prejudicial error was committed. On consideration of the entire record, we adopt the Judge's findings, conclusions and recommended Order.

II. Order

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, it is hereby ordered that the U.S. Department of Health and Human Services, Health Care Financing Administration shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, Local 1923, AFL-CIO, the exclusive representative of certain of its employees, the names and home addresses of 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 rights assured them by the Federal Service Labor-Management Relations Statute.

2. Take the following affirmative action in order to
   effectuate the purposes and policies of the Federal Service Labor-Management Relations Statute:

(a) Furnish the American Federation of Government Employees, Local 1923, AFL-CIO, the exclusive representative of certain of its employees, the names and home addresses of employees in the bargaining unit it represents.

(b) Post at its facilities where bargaining unit employees represented by American Federation of Government Employees, Local 1923, 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 Administrator of the Health Care Financing Administration, 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 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, Washington, D.C. Regional Office, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply herewith.

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 1923, AFL-CIO, the exclusive representative of certain of our employees, the names and home addresses of the employees in the bargaining unit it represents.

WE WILL NOT, in any like or related manner, interfere with, restrain, or coerce employees in the exercise of rights assured them by the Federal Service Labor-Management Relations Statute.

WE WILL furnish the American Federation of Government Employees, Local 1923, AFL-CIO, the exclusive representative of certain of our employees, the names and home addresses of the employees in the bargaining unit it represents.

(Agency)

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 any of its provisions, they may communicate directly with the Regional Director, Washington, D.C. Regional Office, Federal Labor Relations Authority, whose address is: 1111 18th Street, N.W., 7th Floor, P.O. Box 33758, Washington, D.C. 20033-0758 and whose telephone number is: (202) 653-8500.

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