Veterans Administration, Baltimore Regional Office, Baltimore, Maryland and American Federation of Government Employees, Local 3597 (Authority decision, August 31, 1987)

Final FLRA decision. The Authority finds that the Baltimore VA regional office violated the federal labor statute by refusing to provide bargaining unit employees' names and home addresses to their union. It orders disclosure and an employee notice. 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 3597 twice requested the names and home addresses of employees it represented at the Veterans Administration's Baltimore regional office. The office refused, arguing that disclosure conflicted with the Privacy Act and was unnecessary for the union's work. The Authority applied its Farmers Home decision and held that disclosure was required under the federal labor statute, generally regardless of other ways to contact employees. It ordered the office to provide the information and post a notice.

Decision snapshot

• Authority: Information disclosure under 5 U.S.C. § 7114(b)(4); unfair labor practices under § 7116(a)(1), (5), and (8).
• Outcome: Unfair labor practice found; disclosure and notice ordered.
• Key point: The represented employees' names and home addresses had to be furnished to their exclusive representative.

Full text (FLRA public release)

[ v28 p854 ]

28:0854(111)CA

The decision of the Authority follows:

28 FLRA No. 111

VETERANS ADMINISTRATION
BALTIMORE REGIONAL OFFICE
BALTIMORE, MARYLAND

Respondent

and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
LOCAL 3597, AFL-CIO

Charging Party

Case 3-CA-70254

DECISION AND ORDER

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 upon a stipulation entered into by the Respondent, the Charging Party (the Union) and the General Counsel. The issue is whether the Respondent violated section 7116(a)(1), (5) and (a) of the Federal Service Labor - Management Relations Statute (the Statute) by refusing to provide the Union, the exclusive representative of a unit of the Respondent's employees, with the names and home addresses of those employees as requested by the Union.

II. Facts

The Union is the exclusive representative of a unit of the Respondent's employees. By letters dated July 16 and December 31, 1986, the Union requested that the Respondent provide it with the names and home addresses of the unit employees. By letter dated January 30, 1987, the Respondent denied the request. The parties stipulated that the names and home addresses of the employees are normally maintained by the Respondent in the regular course of business; are reasonably available; and do not constitute guidance, advice, counsel or training provided to management officials or supervisors relating to collective bargaining. [PAGE]

III. Positions of the Parties

The Respondent essentially contends that release of the names and home addresses of employees would be contrary to the Privacy Act and section 7114(b)(4) of the Statute and that the information is not necessary for the Union to carry out its representational duties. The Respondent disagrees with the Authority's Decision on Remand in Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA No. 101 (1986) (Farmers Home), petition for review filed sub non. U.S. Department of Agriculture and Farmers Home Administration Finance Office, St. Louis, Missouri v. FLRA, 86-2579 (8th Cir. Dec. 23, 1986), and asserts that the Authority erred in that decision.

The General Counsel contends that the Authority's Decision on Remand in Farmers Home is controlling in this case. Consequently, the General Counsel argues, the Respondent's failure to furnish the requested names and home addresses constitutes a failure to comply with section 7114(b)(4) and a violation of section 7116(a)(1), (5) and (8) of the Statute.

IV. Analysis and Conclusion

In our Decision and Order on Remand in Farmers Home, we concluded that the release of 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 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.

Based on our Decision on Remand in Farmers Home, we reject the Respondent's assertions in this case. We find that the Respondent was required to provide the Union with the names and home addresses of the bargaining unit employees under section 7114(b)(4). Accordingly, we conclude that the Respondent's refusal to provide the Union with the requested information violated section 7116(a)(1), (5) and (8) of the Statute. [ v28 p2 ]

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 Veterans Administration, Baltimore Regional Office, Baltimore, Maryland shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of American Federation of Government Employees, Local 3597, AFL - CIO, the exclusive representative of a bargaining unit of its employees, the names and home addresses of all employees in the unit.

(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 American Federation of Government Employees, Local 3597, AFL

• CIO, the exclusive representative of a bargaining unit of its employees, the
  names and home addresses of all employees in the unit.

(b) Post at its facility, Veterans Administration, Baltimore Regional Office, Baltimore, Maryland, 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 Regional Director, Veterans Administration, Baltimore Regional Office, Baltimore, Maryland, and shall be posted and maintained for 60 consecutive days thereafter, in conspicuous places, including all bulletin boards and 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, Region III, Federal Labor Relations Authority, in writing, within 30 [ v28 p3 ] days from the date of this Order as to what steps have been taken to comply.

Issued, Washington, D.C., August 31, 1987.

Jerry L. Calhoun, Chairman

Henry B. Frazier III, Member

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY [ v28 p4 ]

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 or fail to furnish, upon request of the American Federation of Government Employees, Local 3597, AFL - CIO, the exclusive representative of a bargaining unit of our employees, the names and home addresses of all employees in the unit.

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 3597, AFL - CIO, the exclusive representative of a bargaining unit of our employees, the names and home addresses of all employees in the unit.

_____
(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 III, Federal Labor Relations Authority, whose address is: 1111 18th Street, N.W., Suite 700, P.O. Box 33758, Washington, D.C. 20033-0758 and whose telephone number is: (202) 653-8500. [PAGE]