U.S. Department of the Interior, National Park Service, Blue Ridge Parkway and American Federation of Government Employees, Local 446 (Authority decision, October 24, 1988)

Final FLRA decision. The Authority finds that the Department of the Interior committed an unfair labor practice by directing the Blue Ridge Parkway to withhold employee names and home addresses, while dismissing the allegations against the Park Service offices. 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

AFGE Local 446 requested names and home addresses for the Blue Ridge Parkway employees it represented. The Parkway refused after the Department of the Interior directed it not to furnish the information. An administrative law judge found that Interior committed an unfair labor practice but that the Park Service and its offices had not. The Authority adopted those findings. It ordered Interior to furnish the information, stop directing the refusal, post a notice, and report compliance. It dismissed the complaint against the National Park Service, its regional office, and Blue Ridge Parkway.

Decision snapshot

• Authority: Unfair labor practice remedy under 5 U.S.C. § 7118.
• Outcome: Interior violation found and remedied; allegations against Park Service offices dismissed.
• Key point: The Authority assigned responsibility to the department that directed the subordinate office to withhold the information.

Full text (FLRA public release)

[ v33 p269 ]
33:0269(31)CA

The decision of the Authority follows:

33 FLRA No. 31

FEDERAL LABOR RELATIONS
AUTHORITY

WASHINGTON, D.C.

UNITED STATES DEPARTMENT OF THE
INTERIOR

WASHINGTON, D.C.

NATIONAL PARK
SERVICE

WASHINGTON, D.C.

NATIONAL PARK SERVICE REGIONAL
OFFICE

ATLANTA, GEORGIA

BLUE RIDGE PARKWAY

ASHEVILLE, NORTH
CAROLINA

(Respondents)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

AFL-CIO

LOCAL 446

(Charging Party)

4-CA-70473

DECISION AND ORDER

October 24, 1988

Before Chairman Calhoun and Member
McKee.

The Administrative Law Judge issued the attached decision in this case. The Judge found that the Respondent United States Department of Interior, Washington, D.C., had engaged in the unfair labor practices alleged in the complaint by directing Blue Ridge Parkway, Asheville, North Carolina (the Activity) not to furnish the Charging Party with the names and home addresses of bargaining unit employees. The Judge found that the Respondents National Park Service, Washington, D.C., and National Park Service Regional Office, Atlanta, Georgia, had not committed the unfair labor practices alleged in the complaint because they did not direct the Respondent Activity not to furnish the Charging Party with the names and home addresses of bargaining unit employees. The Judge also found that the Respondent Activity had not committed the unfair labor practices alleged in the complaint by refusing to furnish the Charging Party with the names and home addresses of bargaining unit employees because the Respondent Activity's action was ministerial in nature.

The Judge granted the General Counsel's motion for summary judgment with respect to the Respondent United States Department of the Interior, Washington, D.C., and recommended that it be ordered to take appropriate remedial action. The Judge recommended that the complaint be dismissed with respect to the other Respondents. The Respondents filed exceptions to the Judge's decision. The General Counsel filed an opposition to the exceptions.

Pursuant to section 2423.29 of our Rules and Regulations and section 7118 of the Federal Service Labor-Management Relations Statute (the Statute), we have reviewed the rulings of the Judge. We find that no prejudicial error was committed, and we affirm the rulings. 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), petition for cert. filed, 57 U.S.L.W. 3186 (U.S. Aug. 26, 1988) (No. 88-349). 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

A. Pursuant to section 2423.29 of our Rules and Regulations and section 7118 of the Federal Service Labor-Management Relations Statute, we order that the United States Department of the Interior, Washington, D.C., shall:

1. Cease and desist from:

(a) Directing the Blue Ridge Parkway, Asheville, North Carolina, and/or the Regional Personnel Office to refuse to furnish, upon request of the American Federation of Government Employees, Local 446, the exclusive representative of a bargaining unit of employees of the Blue Ridge Parkway, the names and home addresses of employees in the bargaining unit.

(b) In any like or related manner, interfering with, restraining, or coercing employees in the exercise of the rights assured by the Statute.

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

(a) Furnish the American Federation of Government Employees, Local 446 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 American Federation of Government Employees, Local 446 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 Secretary of the Interior, and they shall be posted in conspicuous places, including all bulletin boards and other places where notices to employees are customarily posted and shall be posted and 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.

B. We further order that the complaint be dismissed with respect to the National Park Service, Washington, D.C., the National Park Service Regional Office, Atlanta, Georgia, and the Blue Ridge Parkway, Asheville, North Carolina.

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 direct the Blue Ridge Parkway, Asheville, North Carolina, and/or the Regional Personnel Office to refuse to furnish, upon request of the American Federation of Government Employees, Local 446, the exclusive representative of a bargaining unit of employees of the Blue Ridge Parkway, the names and home addresses of employees in the bargaining unit.

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 American Federation of Government Employees, Local 446 with the names and home addresses of all employees in the bargaining unit it represents.

_______
(Agency)

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.)