Department of the Navy and Naval Station, Norfolk, Virginia and Federal Firefighters Association, Local 13 (Authority decision, June 8, 1988)

Final FLRA decision. The Authority finds an unfair labor practice and orders the Navy to furnish the union with bargaining unit employees' names and home addresses and to post a 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

Federal Firefighters Association Local 13 requested names and home addresses for employees it represented at Norfolk Naval Station. The Navy refused, arguing that privacy laws barred release and that the union had other ways to contact employees. On stipulated facts, the Authority found that the information was normally maintained, reasonably available, and required for the union's representational duties under its precedent. It held that refusing the request violated the federal labor statute. The Authority ordered the Navy to provide the information and post a notice to employees.

Decision snapshot

• Authority: Information requests under 5 U.S.C. § 7114(b)(4); unfair labor practices under § 7116(a).
• Outcome: Unfair labor practice found; employee names and addresses ordered furnished and notice posting required.
• Key point: The Authority held that other ways to contact employees did not remove the duty to provide their names and home addresses under the precedent it applied.

Full text (FLRA public release)

[ v32 p317 ]
32:0317(49)CA

The decision of the Authority follows:

32 FLRA No. 49

UNITED STATES OF AMERICA

BEFORE THE

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

DEPARTMENT OF THE NAVY AND

NAVAL STATION

NORFOLK, VIRGINIA

Respondents

and

FEDERAL FIREFIGHTERS ASSOCIATION

LOCAL #13

Charging Party

Case No. 34-CA-80288

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 on a stipulation of facts by the parties, who have agreed that no material issue of fact exists.

The complaint alleges that the Department of the Navy and Naval Station, Norfolk, Virginia (the Respondents) 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 Federal Firefighters Association, Local #13 (the Charging Party or Union) with the names and home addresses of bargaining unit employees located at the Naval Station in Norfolk, Virginia. For the reasons stated below, we find that the Respondents committed the unfair labor practice as alleged.

II. Facts

The Federal Firefighters Association, Local #13 is the exclusive representative of a unit of employees of the Naval Station. By letter dated June 24, 1987, the Union requested that the Respondents furnish it with the names and home addresses of bargaining unit employees employed by the Naval Station. Referring to a "recent court decision that found that the government was wrong in withholding a portion of . . . pay when a firefighter took leave," the Union stated in its letter that the requested information was necessary to "represent the interests of the employees in [the] bargaining unit." Stipulation, Joint Exhibit 4. By letter dated June 30, 1987, the Respondents refused to provide the Union with the information requested.

The parties stipulated that the names and home addresses of unit employees are normally maintained by the Respondents in the regular course of business, are reasonably available, and do not constitute guidance, counsel, or training provided by 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), 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), in which the Authority concluded that section 7114(b)(4) of the Statute entitled the exclusive representative to the names and home addresses of employees in the bargaining unit, is dispositive of the issue in the case. The General Counsel contends that the Respondents' admitted failure to furnish the employees' names and home addresses constitutes a clear violation of section 7116(a)(1), (5), and (8) of the Statute.

The Respondents contend that the release of the employees' home addresses is prohibited by law, specifically, certain provisions of the Freedom of Information Act and the Privacy Act. The Respondents also contend that the requested information is not relevant or necessary for the Union to carry out its representational duties. The Respondents further assert that Farmers Home is not controlling in this case and maintain that the existence of sufficient alternative means of communication should be considered when determining whether the employees' home addresses are necessary or relevant to a union's representational duties.

IV. Analysis and Conclusion

In the Authority's Decision and Order 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. 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 Respondents were required to furnish the Charging Party with the names and home addresses of employees in the bargaining unit. Their 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, 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 the Navy and Naval Station, Norfolk, Virginia shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the Federal Firefighters Association, Local #13, the exclusive representative of certain of their employees, the names and home addresses of all employees in the bargaining unit it represents at the Naval Station in Norfolk, Virginia.

(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 Federal Firefighters Association, Local
#13 with the names and home addresses of all employees in the bargaining unit it represents at the Naval Station in Norfolk, Virginia.

(b) Post at the Naval Station facilities in Norfolk, Virginia where bargaining unit employees represented by the Federal Firefighters Association, Local #13 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 Commanding Officer, Naval Station, Norfolk, Virginia 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 Federal Firefighters Association, Local #13, the exclusive representative of certain of our employees, the names and home addresses of all employees in the bargaining unit it represents at the Naval Station in Norfolk, Virginia.

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 Federal Firefighters Association, Local #13 with the names and home addresses of all employees in the bargaining unit it represents at the Naval Station in Norfolk, Virginia.

_______
(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.

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