Small Business Administration and American Federation of Government Employees, Council 228 and Local 2532 (Authority decision, January 26, 1988)

Final FLRA decision. The Authority finds that the Small Business Administration unlawfully refused to provide bargaining unit employees' names and home addresses to AFGE Council 228 and Local 2532. It orders disclosure and a posted 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 Council 228 and Local 2532 requested the names and home addresses of employees in their nationwide bargaining unit. The Small Business Administration refused, arguing that the Privacy Act barred disclosure and that the union had other ways to reach employees. The parties stipulated that the agency regularly maintained the information and could reasonably provide it. Applying its earlier decision on employee addresses, the Authority found that the refusal was an unfair labor practice. It ordered disclosure and a notice posting for 60 days.

Decision snapshot

• Authority: 5 U.S.C. §§ 7114(b)(4), 7116(a)(1), (5), and (8), and 7118.
• Outcome: Unfair labor practice found; disclosure and 60-day notice posting ordered.
• Key point: The union was entitled to the requested bargaining unit names and addresses under the Authority's governing decision.

Full text (FLRA public release)

[ v30 p1041 ]

30:1041(114)CA

The decision of the Authority follows:

30 FLRA No. 114

SMALL BUSINESS ADMINISTRATION

Respondent

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, COUNCIL 228 AND
LOCAL 2532

Charging Party

Case No. 3-CA-70468

DECISION AND ORDER

I. Statement of the Case

This unfair labor practice case is before the Authority under section 2429.1(a) of our Regulations based on the parties' stipulation of facts. 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 refusing to provide the Charging Party with the names and home addresses of bargaining unit employees. The Respondent and the General Counsel filed briefs. For the reasons stated below, we find that the Respondent has committed the unfair labor practices as alleged.

II. Facts

The American Federation of Government Employees, Council 228 and Local 2532 is the exclusive representative of a nationwide unit of the Respondent's employees. By letters dated January 13 and May 8, 1987, the Union requested the names and home addresses of all bargaining unit employees. By letters dated February 3 and May 14, 1987, the Respondent refused to provide the requested information to the Union. The parties have 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, counsel or training provided for management officials or supervisors relating to collective bargaining. [PAGE]

III. Positions of the Parties

A. The Respondent

The Respondent disagrees with the Authority's decision on remand in Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA 788 (1986) (Farmers Home), enforced in part and remanded sub nom. U.S. Department of Agriculture and Farmers Home Administration Finance Office, St. Louis, Missouri v. FLRA, No. 86-2579 (8th Cir. Jan. 15, 1988), and asserts that the Authority erred in that decision. It contends that the disclosure of the names and home addresses of all bargaining-unit employees to the Union is prohibited by the Privacy Act and that the information is not necessary to the Union's representational responsibilities. It also contends that there are alternative means of communication available to the Union.

B. The General Counsel

The General Counsel contends that the Authority's decision in Farmers Home is dispositive of this matter. The General Counsel submits that the Respondent's admitted failure to provide the names and home addresses of bargaining-unit employees violates section 7116(a)(1), (5), and (8) of the Statute.

IV. Discussion

In our decision on remand in Farmers Home, we held that the release of the names and home addresses of bargaining-unit employees to 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 of section 7114(b)(4) of the Statute. We also determined that the release of the information is generally required without regard to whether alternative means of communication are available. From the parties' stipulation in this case, it is further evident that the other requirements of section 7114 (b) (4) have been met.

Consistent with our decision in Farmers Home, we, therefore, find that the Respondent was required to furnish the Union, the exclusive representative of its employees, with the names and home addresses of the employees and its refusal to do so violated section 7116(a)(1), (5), and (8) of the Statute. See United States Department of Health and Human Services, Social Security Administration v. FLRA, Nos. 87-3513(L), 87-3514, 87-3515 (4th Cir. Nov. 25, 1987), [ v30 p2 ] petition for rehearing filed January 8, 1988, 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).

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 Small Business Administration shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, Council 228 and Local 2532, the exclusive representative of a nationwide bargaining unit of its employees, the names and home addresses of all bargaining unit employees it represents.

(b) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of rights assured 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, Council 228 and Local 2532, the exclusive representative of a nationwide bargaining unit of its employees, the names and home addresses of all bargaining unit employees it represents.

(b) Post at all its facilities where bargaining unit employees represented by the American Federation of Government Employees, Council 228 and Local 2532 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, Small Business 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, Region [ v30 p3 ] III, Federal Labor Relations Authority, Washington, D.C., in writing, within 30 days from the date of this Order, as to what steps have been taken to comply.

Issued, Washington, D.C., January 26, 1988.

Jerry L. Calhoun, Chairman

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY [ v30 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 to furnish, upon request of the American Federation of Government Employees, Council 228 and Local 2532, the exclusive representative of a nationwide bargaining unit of our employees, the names and home addresses of all bargaining unit employees it represents.

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

WE WILL furnish the American Federation of Government Employees, Council 228 and Local 2532, the exclusive representative of a nationwide bargaining unit of our employees, the names and home addresses of all bargaining unit employees 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 its provisions, they may communicate directly with the Regional Director of the Federal Labor Relations Authority, Region III, 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. [PAGE]