U.S. Department of State, Bureau of Consular Affairs, Passport Services and National Federation of Federal Employees, Local 1998 (Authority decision, November 27, 1991)

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

The union representing Passport Services employees requested bargaining unit employees' names and home addresses. The State Department bureau refused, arguing that the union had other ways to contact employees and that disclosure conflicted with the Privacy Act. The Authority applied its earlier decision requiring this information and found that the bureau's refusal violated the federal labor statute. It ordered the bureau to furnish the list, stop refusing such requests, and post a notice for 60 days. The decision notes that another court had denied enforcement of the earlier precedent, but the Authority adhered to it.

Decision snapshot

• Authority: Information requests under 5 U.S.C. § 7114(b)(4); unfair labor practices under 5 U.S.C. § 7116(a)(1), (5), and (8).
• Outcome: Unfair labor practice found; employee names and home addresses must be furnished, with a notice posted for 60 days.
• Key point: Under the Authority's stated precedent, other ways to contact employees did not excuse withholding their names and home addresses from the exclusive representative.

Full text (FLRA public release)

[ v43 p369 ]
43:0369(36)CA

The decision of the Authority follows:

43 FLRA No. 36

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF STATE

BUREAU OF CONSULAR AFFAIRS

PASSPORT SERVICES

(Respondent)

and

NATIONAL FEDERATION OF FEDERAL EMPLOYEES

LOCAL 1998

(Charging Party/Union)

3-CA-10527

November 27, 1991

DECISION AND ORDER

Before Chairman McKee and Members Talkin and
Armendariz.

I. Statement of the Case

This unfair labor practice case is before the Authority in accordance with section 2429.1(a) of the Authority's Rules and Regulations, based on a stipulation of facts by the parties, who have agreed that no material issue of fact exists. The General Counsel filed a brief with the Authority. Neither the Respondent nor the Union filed a brief.

The complaint alleges 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 provide the Union with the names and home addresses of bargaining unit employees represented by the Union. For the reasons stated below, we find that the Respondent committed the unfair labor practice as alleged.

II. Facts

The Union is the exclusive representative of a unit of the Respondent's employees. By letter dated January 6, 1991, the Union requested the names and home addresses of the bargaining unit employees it represents. On March 21, 1991, the Respondent refused to provide the Union with the requested information.

The parties stipulated that the requested information is normally maintained by the Respondent in the regular course of business, is reasonably available, and does not constitute guidance, advice, counsel or training provided for management officials or supervisors relating to collective bargaining.

III. Positions of the Parties

A. The Respondent

In its letter denying the requested information and in its answer to the complaint, the Respondent argued that home addresses are not necessary for collective bargaining because the Union has adequate alternative means for contacting unit employees. The Respondent also claimed that providing home addresses is inconsistent with the Privacy Act, 5 U.S.C. § 552a. The Respondent asserted that, based on the court's decision in FLRA v. U.S. Department of the Treasury, Financial Management Service, 884 F.2d 1446 (D.C. Cir. 1989), cert. denied, 110 S. Ct. 863 (1990), it was not required to supply the Union with the requested information.

B. The General Counsel

The General Counsel contends that this case is controlled by the Authority's decisions in Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA 788 (1986) (Farmers Home), and U.S. Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire, 37 FLRA 515 (1990) (Portsmouth Naval Shipyard), enforcement denied sub nom. FLRA v. U.S. Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire, 941 F.2d 49 (1st Cir. 1991) (FLRA v. Portsmouth Naval Shipyard). The General Counsel asserts that, consistent with these decisions, the Respondent's failure to provide the requested information violates section 7116(a)(1), (5) and (8) of the Statute. The General Counsel also maintains that the information must be provided regardless of whether alternative means of communication are available.

IV. Analysis and Conclusions

In Portsmouth Naval Shipyard, we reaffirmed Farmers Home and concluded that the release of the names and home addresses of bargaining unit employees to their exclusive representatives 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) of the Statute. We also determined that the release of the information generally is required without regard to whether alternative means of communication are available. We find that resolution of this case does not require consideration of whether alternative means of communication are available to the Union.

The parties stipulated that the requested information is normally maintained by the Respondent in the regular course of business, is reasonably available, and does not constitute guidance, advice, counsel, or training provided for management officials or supervisors relating to collective bargaining. Accordingly, based on the Authority's decision in Portsmouth Naval Shipyard, we conclude that the Respondent violated section 7116(a)(1), (5), and (8) of the Statute by failing to furnish the Union with the requested names and home addresses of unit employees represented by the Union.(*)

V. 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 U.S. Department of State, Bureau of Consular Affairs, Passport Services shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the National Federation of Federal Employees, Local 1998, 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 the National Federation of Federal Employees, Local 1998, 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 the National Federation of Federal Employees, Local 1998 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, Bureau of Consular Affairs, 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, Washington 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.

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 National Federation of Federal Employees, Local 1998, 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 by the Federal Service Labor-Management Relations Statute.

WE WILL furnish the National Federation of Federal Employees, Local 1998, 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, Washington Regional Office, Federal Labor Relations Authority, whose address is: 1111 18th Street, NW., 7th Floor, P.O. Box 33758, Washington, DC 20033-0758 and whose telephone number is: (202) 653-8500.

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

*/ We note that, in FLRA v. Portsmouth Naval
Shipyard, the U.S. Court of Appeals for the First Circuit denied the Authority's petition for enforcement of Portsmouth Naval Shipyard. Subsequently, in FLRA v. U.S. Department of the Navy, Navy Ships Parts Control Center, et al., Nos. 90-3690, 90-3724 (3d Cir. Sept. 13, 1991), a divided panel of the Court of Appeals for the Third Circuit denied the Authority's petition for enforcement of 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, 37 FLRA 722 (1990), in which the Authority relied on Portsmouth Naval Shipyard. On November 5, 1991, the panel's decision was vacated and the Authority's petition for rehearing en banc was granted. We respectfully adhere to our decision in Portsmouth Naval Shipyard.