Bureau of Engraving and Printing and International Association of Machinists and Aerospace Workers (Authority decision, July 1, 1988)

Final FLRA decision. The Authority finds unfair labor practices and orders disclosure of bargaining unit employee names and home addresses. 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

Two machinists lodges asked the Bureau of Engraving and Printing for the names and home addresses of employees in their bargaining units. The Bureau refused both requests. On stipulated facts, the Authority held that the information met the statutory disclosure requirements and that refusing it violated federal labor law. It ordered the Bureau to provide the lists, post a notice for 60 days, and report its compliance.

Decision snapshot

• Authority: 5 U.S.C. § 7114(b)(4) and § 7116(a)(1), (5), and (8).
• Outcome: Unfair labor practices found; disclosure and employee notice ordered.
• Key point: Under this decision, the two exclusive representatives were entitled to the regularly maintained unit contact information.

Full text (FLRA public release)

[ v32 p551 ]
32:0551(81)CA

The decision of the Authority follows:

32 FLRA No. 81

UNITED STATES OF AMERICA

BEFORE THE

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

BUREAU OF ENGRAVING AND PRINTING

Respondent

and

INTERNATIONAL ASSOCIATION OF

MACHINISTS AND AEROSPACE WORKERS

Charging Party

Case Nos. 3-CA-80059

3-CA-80060

DECISION AND ORDER

I. Statement of the Case

These unfair labor practice cases are 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.

The consolidated complaint alleges that the Bureau of Engraving and Printing (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 International Association of Machinists and Aerospace Workers, Columbia Lodge No. 174 and Franklin Lodge 2135 (the Charging Party or Union) with the names and home addresses of bargaining unit employees. For the reasons stated below, we find that the Respondent committed the unfair labor practice as alleged.

II. Facts

Columbia Lodge No. 174, International Association of Machinists and Aerospace Workers, AFL-CIO, is the exclusive representative of Respondent's non-supervisory, non-craft wage system employees. By letter dated June 12, 1987, the Union requested that the Respondent furnish it with a list of the names and home addresses of bargaining unit employees it represented. By letter dated June 25, 1987, the Respondent refused to provide the Union with the names and home addresses.

Franklin Lodge No. 2135, International Association of Machinists and Aerospace Workers, AFL-CIO, is the exclusive representative of Respondent's machinists craft employees. By letter dated June 12, 1987, the Union requested that the Respondent furnish it with a list of the names and home address of bargaining unit employees it represented. By letter dated July 25, 1987, the Respondent refused to provide the Union with the names and home addresses.

The parties stipulated that the names and home addresses of bargaining unit employees are normally maintained by 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.

III. Positions of the Parties

The General Counsel argues that an exclusive
representative is entitled under section 7114(b)(4) of the Statute to the names and home addresses of the employees it represents, that the release of such data is not prohibited by the Privacy Act, that such information is to be provided regardless of whether alternative means of communication are available to the exclusive representative and that the exclusive representative need offer no explanation as to the reasons why it seeks such information. The General Counsel asserts that Respondent's admitted failure to furnish the names and home addresses to the Locals of the Union constitutes a clear violation of section 7116(a)(1), (5), and (8) of the Statute.

The Respondent did not file a brief.

IV. Analysis and Conclusion

In the Authority's Decision and Order 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, 836 F.2d 1139 (8th Cir. 1988), 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. Further, from the parties' stipulation, it is evident that the other requirements of section 7114(b)(4)(A), (B), and (C) have been met in this case.

Based on the parties' stipulation and the Authority's decision on remand in Farmers Home, we find that the Respondent was required to furnish the Charging Party with the names and home addresses of employees in the bargaining units. The Respondent's refusal to do so violated section 7116(a)(1), (5), and (8) of the Statute. 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 v. FLRA, 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 Bureau of Engraving and Printing shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of Columbia Lodge No. 174, International Association of Machinists and Aerospace Workers, AFL-CIO, the exclusive representative of Respondent's non-supervisory, non-craft wage system employees, and Franklin Lodge No. 2135, International Association of Machinists and Aerospace Workers, AFL-CIO, the exclusive representative of Respondent's machinists craft employees, the names and home addresses of all employees in the bargaining units.

(b) In any like or related manner, interfering with, restraining, or coercing their 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 Columbia Lodge No. 174, International Association of Machinists and Aerospace Workers, AFL-CIO, the exclusive representative of Respondent's non-supervisory, non-craft wage system employees, and Franklin Lodge No. 2135, International Association of Machinists and Aerospace Workers, AFL-CIO, the exclusive representative of Respondent's machinists craft employees, with the names and home addresses of all employees in the bargaining units.

(b) Post at its facilities where bargaining unit employees represented by Columbia Lodge No. 174, International Association of Machinists and Aerospace Workers, AFL-CIO, and Franklin Lodge No. 2135, International Association of Machinists and Aerospace Workers, 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 of the Bureau of Engraving and Printing 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 Columbia Lodge No. 174, International Association of Machinists and Aerospace Workers, AFL-CIO, the exclusive representative of our non-supervisory, non-craft wage system employees, and Franklin Lodge No. 2135, International Association of Machinists and Aerospace Workers, AFL-CIO, the exclusive representative of our machinists craft employees, the names and home addresses of all employees in the bargaining units.

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 Columbia Lodge No. 174, International Association of Machinists and Aerospace Workers, AFL-CIO, the exclusive representative of our non-supervisory, non-craft wage system employees, and Franklin Lodge No. 2135, International Association of Machinists and Aerospace Workers, AFL-CIO, the exclusive representative of our machinists craft employees, with the names and home addresses of all employees in the bargaining units.

______
(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.)