Department of Health and Human Services, Food and Drug Administration, Baltimore, Maryland and American Federation of Government Employees, Local 2486 (Authority decision, August 19, 1988)

Final FLRA decision. The Authority adopts an administrative law judge's unfair labor practice ruling and orders the FDA to provide bargaining unit employees' names and home addresses, post a notice, and report compliance. 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 2486 requested the names and home addresses of employees it represented at the FDA's Baltimore office. The FDA refused. An administrative law judge found the refusal to be an unfair labor practice, and the FDA filed exceptions. The Authority adopted the judge's findings and order. The decision requires the FDA to furnish the information, post a notice, and report compliance.

Decision snapshot

• Authority: Information duty under 5 U.S.C. § 7114(b)(4) and unfair labor practices under 5 U.S.C. § 7116(a).
• Outcome: Judge’s unfair labor practice ruling adopted; disclosure and notice ordered.
• Key point: The Authority upheld the disclosure duty for the union’s bargaining unit employees.

Full text (FLRA public release)

[ v32 p892 ]
32:0892(129)CA

The decision of the Authority follows:

32 FLRA No. 129

UNITED STATES OF AMERICA

BEFORE THE

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

DEPARTMENT OF HEALTH AND

HUMAN SERVICES, FOOD AND

DRUG ADMINISTRATION

BALTIMORE, MARYLAND

Respondent

and

AMERICAN FEDERATION OF

GOVERNMENT EMPLOYEES

LOCAL 2486, AFL-CIO

Charging Party

Case No. 3-CA-80058

DECISION AND ORDER

The Administrative Law Judge issued the attached decision in this case, finding that the Department of Health and Human Services, Food and Drug Administration, Baltimore, Maryland (the Respondent) had engaged in the unfair labor practices alleged in the complaint by refusing to furnish, upon request of the American Federation of Government Employees, Local 2486, AFL-CIO (the Charging Party), the names and home addresses of bargaining unit employees. The Respondent filed exceptions to the Judge's Decision.

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor-Management Relations Statute (the Statute), we have reviewed the rulings of the Judge and find that no prejudicial error was committed. The rulings are hereby affirmed. Upon consideration of the Judge's Decision and the entire record, we adopt the Judge's findings, conclusions, and recommended Order. See Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA 788 (1986), enforced in part and remanded sub nom. U.S. Department of Agriculture and Farmers Home Administration Finance Office, St. Louis, Missouri v. FLRA, 836 F.2d 1139 (8th Cir. 1988). See also United States Department of the Navy and Philadelphia Naval Shipyard v. FLRA, 840 F.2d 1131 (3d Cir. 1988), enforcing Philadelphia Naval Shipyard, 24 FLRA 37 (1986); U.S. Department of the Air Force, Scott Air Force Base, Illinois v. FLRA, 838 F.2d 229 (7th Cir. 1988), affirming Department of the Air Force, Scott Air Force Base, Illinois, 24 FLRA 226 (1986); Department of Health and Human Services, Social Security Administration v. FLRA, 833 F.2d 1129 (4th Cir. 1987), 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 Department of Health and Human Services, Food and Drug Administration, Baltimore District shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, Local 2486, AFL-CIO, 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 American Federation of Government Employees, Local 2486, 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 2486, 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 Commissioner 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.,

_______
Jerry L. Calhoun, Chairman

Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY

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 2486, 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 2486, AFL-CIO, with 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, 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.

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