Veterans Administration Medical Center, Miami and National Federation of Federal Employees, Local 1453 (Authority decision, March 22, 1988)

Final FLRA decision. The Authority adopts the judge's finding that the Veterans Administration and its Miami medical center committed an unfair labor practice by refusing to provide employee names and home addresses to the union. It orders disclosure and a posted 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

NFFE Local 1453 requested names and home addresses for the employees it represented at the Miami VA Medical Center. The medical center denied the request at the direction of VA headquarters. The judge rejected arguments that privacy law or other ways to contact employees excused withholding the information and granted summary judgment to the Authority's General Counsel. The Authority adopted the judge's findings and ordered the VA and medical center to supply the information and post a notice for 60 days.

Decision snapshot

• Authority: 5 U.S.C. §§ 7114(b)(4), 7116(a)(1), (5), and (8), and 7118.
• Outcome: Unfair labor practice finding adopted; disclosure and notice ordered.
• Key point: The VA's privacy and alternative communication arguments did not excuse its refusal to provide the union contact information.

Full text (FLRA public release)

[ v31 p883 ]

31:0883(66)CA

The decision of the Authority follows:

31 FLRA No. 66

VETERANS ADMINISTRATION
WASHINGTON, D.C. AND
VETERANS ADMINISTRATION MEDICAL
CENTER, MIAMI, FLORIDA

Respondents

and

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1453

Charging Party

Case No. 4-CA-70372

DECISION AND ORDER

The Administrative Law Judge issued the attached decision in the above-entitled proceeding, finding that the Respondents 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 Respondents be ordered to take appropriate remedial action. The Respondents filed exceptions to the Judge's Decision and the General Counsel filed an opposition to the Respondents' exceptions.

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, No. 86-2579 (8th Cir. Jan. 15, 1988), petitions for rehearing filed. See also United States Department of the Navy and Philadelphia Naval Shipyard v. FLRA, No. 87-3005 (3d Cir. Mar. 2, 1988), enforcing Philadelphia Naval Shipyard, [PAGE] 24 FLRA 37 (1986); U.S. Department of the Air Force, Scott Air Force Base, Illinois v. FLRA, NO. 87-1143 (7th Cir. Jan. 27, 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), petition rehearing filed Jan. 8, 1988, 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 Veterans Administration, Washington, D.C. and the Veterans Administration Medical Center, Miami, Florida shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the National Federation of Federal Employees, Local 1453, 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 National Federation of Federal Employees, Local 1453 with the names and home addresses of all employees in the bargaining unit it represents.

(b) Post at all facilities where bargaining unit employees represented by the National Federation of Federal Employees, Local 1453 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 [ v31 p2 ] be signed by the Director, Veterans Administration Medical Center, Miami, Florida 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., March 22, 1988

Jerry L. Calhoun, Chairman

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY

[ v31 p3 ]

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 or fail to furnish, upon request of the National Federation of Federal Employees, Local 1453, 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 National Federation of Federal Employees, Local 1453 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. [ v31 p4 ]

VETERANS ADMINISTRATION,
WASHINGTON, D.C.

and

VETERANS ADMINISTRATION
MEDICAL CENTER, MIAMI,
FLORIDA

Respondents

and

NATIONAL FEDERATION OF
FEDERAL EMPLOYEES, LOCAL
1453, INDEPENDENT

Charging Party

Case No. 4-CA-70372

Charles H. Parker, Esq.
For the Respondent

Philip T. Roberts, Esq.
For the General Counsel

Before: SALVATORE J. ARRIGO
Administrative Law Judge

DECISION

Statement of the Case

This case arose under the Federal Service Labor - Management Relations Statute, Chapter 71 of Title 5 of the U.S. Code, 5 U.S.C. 7101 et seq. (herein the Statute).

Upon an unfair labor practice charge having been filed by the captioned Charging Party against the captioned Respondents, the General Counsel of the Federal Labor Relations Authority (herein the Authority), by the Regional [PAGE] Director for Region IV, issued a Complaint and Notice of Hearing alleging Respondents violated section 7116(a)(1), (5) and (8) of the Statute when Respondents refused to furnish the National Federation of Federal Employees, Local 1453, Independent, the names and home addresses of bargaining unit employees, which data had previously been requested by Local 1453. Respondents filed an Answer to complaint in which some of the allegations of the Complaint were admitted and others denied.

Subsequently, counsel for the General Counsel filed a Motion for Summary Judgment with supporting documents and thereafter counsel for Respondents filed an answer in opposition to the Motion for Summary Judgment to which counsel for the General Counsel filed a response. Both counsel for the General Counsel and counsel for Respondents filed briefs in support of their respective positions. The matter has been transferred to the Office of Administrative Law Judges for ruling pursuant to section 2423.22(b)(1) of the Rules and Regulations of the Authority and based upon my review and evaluation of the entire record before me, I make the following:

Findings of Fact

1. At all times material the National Federation of Federal Employees, Local
   1453, Independent (herein the Union) has been, and is now a labor organization within the meaning of section 7103(a)(4) of the Statute.

2(a). At all times material the Veterans Administration, Washington, D.C. (herein VA Washington) has been, and is now an agency within the meaning of section 7103(a)(3) of the Statute.

(b). At all times material Veterans Administration medical Center, Miami, Florida (herein VAMC) has been an activity of the VA Washington within the meaning of section 2421.4 of the Authority's Rules and Regulations.

3(a). At all times material the National Federation of Federal Employees (herein NFFE) has been, and is now the exclusive representative of certain employees of the VA Washington in a nationwide consolidated unit as set forth and described in a collective bargaining agreement between NFFE and VA Washington, effective by its terms from January 12, 1983, and continuing in effect to date by mutual agreement of the parties. [ v31 p2 ]

(b). At all times material the Union has been, and is now an administrative subdivision of NFFE and an agent thereof for the purpose of representing certain employees of VAMC in a bargaining unit more fully set forth in a supplemental collective bargaining agreement between VAMC and the Union, effective June 12, 1985.

4. At all times material Wayne E. Johnson (herein Johnson) has occupied the
   position of Chief, Personnel Service, at the VAMC and as such has been and is now, a supervisor and/or management official within the meaning of section 7103(a)(10) and (11) of the Statute, and/or an agent of Respondents.

5. On or about December 10, 1986 the Union, by its President, Elnora B.
   Weaver, made a request to Johnson for the names and home addresses of Union bargaining unit employees.

6. On or about January 23, 1987 Johnson denied the Union's request for
   information as described in paragraph 5 above.

7. Johnson engaged in the actions described in paragraph 6 above at the
   direction of VA Washington.

8. The information requested by the Union in paragraph 5 above, is: normally
   maintained by Respondents in the regular course of business; reasonably available; necessary for full and proper discussion, understanding and negotiation of subjects within the scope of collective bargaining, and; not guidance, advice, counsel or training for management officials or supervisors, relating to collective bargaining.

Discussion and Conclusions

The General Counsel, relying on the Authority's decision in Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA 788 (1986), contends Respondents violated section 7116(a)(1), (5) and (8) of the Statute when they refused to supply the Union with the names and home addresses of all bargaining unit employees. Respondents essentially contend the requirements of section 7114(b)(4 ) of the Statute have not been met in that: Respondents are prohibited by the Privacy Act, 5 U.S.C. 552a, from releasing the information and; the data is not necessary for the Union to carry out its representational duties since the union has alternative means of communicating with bargaining unit employees.
[ v31 p3 ]

Section 7114(b)(4) of the Statute provides in relevant part:

"(b) the duty of an agency and an
exclusive representative to negotiate in
good faith under subsection (a) of this
section shall include the obligation . . .

"(4) in the case of an agency,
to furnish to the exclusive representative,
upon request and, to the extent
not prohibited by law, data --

"(A) which is normally maintained
by the agency in the regular course of
business; (and)

(B) which is reasonably available
and necessary for full and proper discussion,
understanding, and negotiation of
subjects within the scope of
collective bargaining . . ."

In Farmers Home Administration Finance Office, supra, the Authority held: (1) the disclosure of the names and addresses of bargaining unit employees to the exclusive representative was not prohibited by the Privacy Act; (2) an agency's possession of Official Personnel Files wherein can be found employees' addresses satisfies the requirements of section 7114(b)(4)(A) and (B) of the Statute that such data be normally maintained by the agency and reasonably available, and; (3) such data was necessary under section 7114(b)(4)(B) for unions to meet their statutory obligation to represent the interests of all employees in the unit without discrimination as required by section 7114(a)(1) of the Statute, notwithstanding the existence of alternative means by which a union might communicate to unit employees. In subsequent decisions the Authority followed Farmers Home Administration in deciding numerous cases which involved substantially the same issues. Philadelphia Naval Shipyard, 24 FLRA 37 (1986); Defense Mapping Agency Aerospace Center, St. Louis, Missouri, 24 FLRA 43 (1986); Social Security Administration, Northeastern Program Service Center, 24 FLRA 108 (1986); Department of the Navy, Portsmouth Naval Shipyard, 24 FLRA 209 (1986); Department of the Air Force, Scott Air Force Base, 24 FLRA 226 (1986); Department of Health and Human Services, Region V, 26 FLRA 460 (1987); Air [ v31 p 4 ] Force District of Washington, 26 FLRA 542 (1987); Departments of the Army and Air Force, Army and Air Force Exchange Service Headquarters, Dallas, Texas and Army and Air Force Exchange Service, McClellan Air Force Base, California, 26 FLRA 691 (1987); 831 Combat Support Group (TAC), George Air Force Base, California, 28 FLRA No. 16 (1987); and United States Department of Health and Human Services, Social Security Administration v. FLRA, Nos. 87-3513(L), 87-3514, 87-3515 (4th Cir. Nov. 25, 1987), affirming Department of Health and Human Services, Social Security Administration, 24 FLRA 543 (1986).

The facts presented herein and the arguments raised by Respondents are not significantly different from those considered by the Authority in Farmers Home Administration and cases which followed thereafter, supra. In view of the Authoritys' holdings in the above cases I conclude Respondents' defenses to its failure and refusal to provide the Union with the names and home addresses of unit employees as requested by the Union to be without merit. I further conclude Respondents were obligated under section 7114(b) of the Statute to furnish the Union with the names and addresses of unit employees and accordingly, I conclude Respondents' refusal to furnish such data violated section 7116(a)(1), (5) and (8) of the Statute and grant counsel for General Counsel's motion for summary judgment. Therefore I recommend the Authority issue the following.

ORDER

Pursuant to Section 2423.29 of the Rules and Regulations of the Federal Labor Relations Authority and section 7118 of the Statute, the Authority hereby orders that Veterans Administration, Washington, D.C. and Veterans Administration Medical Center, Miami, Florida, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of
the National Federation of Federal Employees,
Local 1453, Independent, the agent of 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 Federal Service Labor-
Management Relations Statute.

[ v31 p5 ]

2. Take the following affirmative action in order to
   effectuate the purposes and policies of the Statute:

(a) Furnish the National Federation of
Federal Employees, Local 1453, Independent,
the agent of the exclusive representative
of certain of its employees, the names and
home addresses of all employees in the
bargaining unit it represents.

(b) Post at all facilities where
bargaining unit employees represented by the
National Federation of Federal Employees,
Local 1453, Independent, 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 a senior official of the Veterans
Administration Medical Center, Miami, Florida,
and shall be posted and maintained for 60
consecutive days thereafter, in conspicuous
places, including all bulletin boards and
other places where notices to employees are
customarily posted. 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, Atlanta, Georgia, in
writing, within 30 days from the date of
this Order, as to what steps have been taken
to comply herewith.

SALVATORE J. ARRIGO
Administrative Law Judge

Dated: January 7, 1988
Washington, D.C.

[ v31 p6 ]

APPENDIX
NOTICE TO ALL EMPLOYEES
PURSUANT TO
A DECISION AND ORDER OF THE
FEDERAL LABOR RELATIONS AUTHORITY
AND IN ORDER TO EFFECTUATE THE POLICIES OF
CHAPTER 71 OF TITLE 5 OF THE
UNITED STATES CODE
FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE WE HEREBY NOTIFY OUR EMPLOYEES THAT:

WE WILL NOT refuse to furnish, upon request of the National Federation of Federal Employees, Local 1453, Independent, the agent of 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 employees in the exercise of their rights assured by the Federal Service Labor - Management Relations Statute.

WE WILL furnish the National Federation of Federal Employees, Local 1453, Independent, the agent of the exclusive representative of certain 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 any of its provisions, they may communicate directly with the Regional Director of the Federal Labor Relations Authority, Region IV, whose address is: 1371 Peachtree Street. N.E., and whose telephone number is: (404) 347-2324. [PAGE]