Bureau of the Census and American Federation of Government Employees, Local 2782 (Authority decision, January 22, 1988)

Final FLRA decision. The Authority finds that the Bureau of the Census unlawfully refused to provide bargaining unit employees' names and home addresses to AFGE Local 2782. 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 Local 2782 requested names and home addresses for everyone in its Census Bureau bargaining unit. The bureau refused, arguing that the union could communicate with employees at work and that disclosing home addresses would conflict with privacy protections. The Authority applied its earlier employee address ruling and found that the bureau had to provide the information regardless of other communication methods. It held the refusal to be an unfair labor practice and ordered disclosure and a 60-day notice posting.

Decision snapshot

• Authority: 5 U.S.C. §§ 7114(b)(4), 7116(a)(1), (5), and (8), and 7118.
• Outcome: Unfair labor practice found; names, addresses, and 60-day notice posting ordered.
• Key point: Under the Authority's governing ruling, workplace communication options did not remove the duty to provide employee addresses.

Full text (FLRA public release)

[ v30 p998 ]

30:0998(108)CA

The decision of the Authority follows:

30 FLRA No. 108

BUREAU OF THE CENSUS

Respondent

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2782, AFL-CIO

Charging Party

Case No. 3-CA-70555

DECISION AND ORDER

I. Statement of the Case

This unfair labor practice case is before the Authority under 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 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, the exclusive representative of a unit of the Respondent's employees, with the names and home addresses of those employees. For the reasons stated below, we find that the Respondent committed the unfair labor practices as alleged.

II. Facts

The Union is the exclusive representative of a unit of the Respondent's employees. By memorandum dated March 31, 1987, the Union requested that the Respondent furnish it with names and home addresses of all unit employees. By memorandum dated April 8, 1987, the Respondent refused to furnish the Union with the information requested.

The parties stipulated that the names and home addresses of the employees are normally maintained by the Respondent in the regular course of business and do not [PAGE] constitute guidance, advice, counsel, or training for management officials or supervisors relating to collective bargaining.

III. Positions of the Parties

The General Counsel argues that 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), is controlling in this case. The General Counsel contends that the Respondent's admitted failure to furnish the Union with the names and home addresses of the employees in the bargaining unit constituted a clear violation of section 7116(a)(1), (5) and (8) of the Statute.

The Respondent contends that the Authority erred in its decision on remand in Farmers Home in a number of respects. The Respondent argues that the decision is inconsistent with section 7114(b)(4) of the Statute and asserts that there is no showing in this case that the Union needed the information to communicate with the employees. The Respondent further argues that the Union had sufficient and effective alternative means of communication available for that purpose.

The Respondent also contends that the Authority's decision diminishes the status and value of collective bargaining because unions and agencies can negotiate the means for the unions to communicate with the employees they represent. The Respondent maintains that in this case the parties' collective bargaining agreement provided means for the Union to communicate with unit employees at work.

The Respondent further contends that the Authority's decision is inconsistent with the Privacy Act because it ignores the privacy interests of employees. The Respondent argues that for privacy reasons employees may have established mailing addresses which are different from their home addresses. The Respondent asserts that if the goal of the Union is to communicate with employees, there is no persuasive reason why the Union needed any addresses other than mailing addresses. The Respondent also asserts that the Privacy Act precludes the Respondent from furnishing employees' home addresses to the Union and makes the Respondent liable for such disclosure. [ v30 p2 ]

IV. Analysis and Conclusion

In the Authority's decision on remand in Farmers Home, the Authority 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. The Authority also determined that the release of the information is generally required without regard to whether alternative means of communication are available.

We find that the Respondent's arguments constitute nothing more than disagreement with the Authority's decision on remand in Farmers Home. Accordingly, based on that decision and the parties' stipulation, we find that the Respondent was required to furnish the Union with the names and home addresses of employees in the bargaining unit. 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), petition for rehearing filed Jan. 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 Bureau of the Census shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, Local 2782, AFL - CIO, the exclusive representative of certain of its employees, the names and home addresses of all employees in the bargaining unit it represents. [ v30 p3 ]

(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 2782, AFL

• CIO, with 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 American Federation of Government Employees, Local 2782, 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 Director 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 III, Federal Labor Relations Authority, 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 22, 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, Local 2782, 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 their rights assured them by the Federal Service Labor - Management Relations Statute.

WE WILL furnish the American Federation of Government Employees, Local 2782, AFL - CIO, with the names and 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, Region III, 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. [ v30 p5 ]