Department of the Navy, Navy Resale Activity, Charleston, South Carolina and Federal Employees Metal Trades Council of Charleston (Authority decision, May 9, 1988)

Final FLRA decision. The Authority adopts the administrative law judge's unfair labor practice findings and orders the Navy activity to provide unit employees' names and home addresses to the union and 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

The Federal Employees Metal Trades Council of Charleston requested the names and home addresses of bargaining unit employees at a Navy resale activity. The activity refused, and an administrative law judge found that the refusal violated the federal labor statute. The Authority rejected the activity's exceptions and adopted the judge's findings and recommended order. It directed the activity to furnish the information and post a notice to employees for 60 days.

Decision snapshot

• Authority: 5 U.S.C. § 7118; 5 C.F.R. § 2423.29.
• Outcome: Judge's unfair labor practice ruling adopted; disclosure and notice ordered.
• Key point: Refusal to furnish unit employees' names and home addresses to their exclusive representative required a remedial order.

Full text (FLRA public release)

[ v32 p44 ]
32:0044(4)CA

The decision of the Authority follows:

32 FLRA No. 4

UNITED STATES OF AMERICA

BEFORE THE

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

DEPARTMENT OF THE NAVY

NAVY RESALE ACTIVITY

CHARLESTON, SOUTH CAROLINA

Respondent

and

FEDERAL EMPLOYEES METAL TRADES

COUNCIL OF CHARLESTON (FEMTCC)

Charging Party

Case No. 4-CA-70322

DECISION AND ORDER

The Administrative Law Judge issued the attached decision in this case, 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, denied the Respondent's motion to dismiss 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.

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 affirmed. Upon consideration of the Judge's decision, the exceptions, 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 U.S. 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); U.S. 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 our Rules and Regulations and section 7118 of the Statute, we order that the Department of the Navy, Navy Resale Activity, Charleston, South Carolina, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the Federal Employees Metal Trades Council of Charleston (FEMTCC), 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 Federal Employees Metal Trades Council of Charleston (FEMTCC) 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 Federal Employees Metal Trades Council of Charleston (FEMTCC) 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 of the Department of the Navy, Navy Resale Activity, Charleston, South Carolina, 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 IV, 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 Employees Metal Trades Council of Charleston (FEMTCC), 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 the rights assured them by the Federal Service Labor-Management Relations Statute.

WE WILL furnish the Federal Employees Metal Trades Council of Charleston (FEMTCC) 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 IV, Federal Labor Relations Authority, whose address is: 1371 Peachtree Street, N.E., Suite 736, Atlanta, Georgia 30367 and whose telephone number is: (404) 347-2324.

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