Department of Veterans Affairs, Veterans Administration Medical Center, Lexington, Kentucky and National Association of Government Employees, Local R5-184 (Authority decision, July 12, 1991)

Final FLRA decision. The Authority adopts an administrative law judge's finding that the Lexington VA Medical Center committed an unfair labor practice by refusing to give the union the names and home addresses of employees in its bargaining unit. The center must provide the information and post a notice. An aggrieved person may seek judicial review by petitioning an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a). Filing a petition does not stay the order unless the court orders a stay under § 7123(c).

Plain-English summary

The union representing employees at the Lexington VA Medical Center requested the names and home addresses of employees in its bargaining unit. The medical center refused, and an administrative law judge found that refusal to be an unfair labor practice. The Authority rejected the center's exceptions and adopted the judge's findings and order, relying on its earlier Portsmouth Naval Shipyard decision. It ordered the center to give the union the requested list and post a notice to employees for 60 days.

Decision snapshot

• Authority: Unfair labor practice order under 5 U.S.C. § 7118.
• Outcome: Judge's finding adopted; employee names and home addresses ordered disclosed.
• Key point: Refusing a union's request for the names and home addresses of represented employees violated the Statute.

Full text (FLRA public release)

[ v41 p626 ]

41:0626(59)CA

The decision of the Authority follows:

41 FLRA No. 59

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

DEPARTMENT OF VETERANS AFFAIRS

VETERANS ADMINISTRATION MEDICAL CENTER

LEXINGTON, KENTUCKY

(Respondent)

and

NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES

LOCAL R5-184

(Charging Party/Union)

4-CA-10308

DECISION AND ORDER

July 12, 1991

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

The Administrative Law Judge issued the attached decision finding that the Respondent had engaged in the unfair labor practices alleged in the complaint by refusing to furnish, upon request of the Charging Party, the names and home addresses of bargaining unit employees. The Judge granted the General Counsel's motion for summary judgment and recommended that the Respondent be ordered to take appropriate remedial action. The Respondent filed exceptions to the Judge's decision. The General Counsel filed an opposition to the Respondent's exceptions.

Pursuant to section 2423.29 of the Authority's Rules and Regulations, we have reviewed the rulings of the Judge and find that no prejudicial error was committed. On consideration of the entire record, we adopt the Judge's findings, conclusions and recommended Order for the reasons fully set forth in U.S. Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire, 37 FLRA 515 (1990) (Portsmouth Naval Shipyard), application for enforcement filed sub nom. FLRA v. U.S. Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire, No. 90-1949 (1st Cir. Oct. 1, 1990).

II. 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 Veterans Affairs, Veterans Administration Medical Center, Lexington, Kentucky, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the National Association of Government Employees, R5-184, the exclusive representative of an appropriate unit 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 National Association of Government Employees, R5-184, the exclusive representative of an appropriate unit of its employees, 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 National Association of Government Employees, R5-184 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, Atlanta Regional Office, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order as to what steps have been taken to comply.

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 National Association of Government Employees, R5-184, the exclusive representative of an appropriate unit 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 the rights assured them by the Federal Service Labor-Management Relations Statute.

WE WILL furnish the National Association of Government Employees, R5-184, the exclusive representative of an appropriate unit of our employees, 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 of the Federal Labor Relations Authority, Atlanta Regional Office, whose address is: 1371 Peachtree Street, N.E., Suite 122, Atlanta, Georgia 30367, and whose telephone number is: (404) 347-2324.

FOOTNOTES:

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