Department of the Navy, Marine Corps Air Station Cherry Point and International Association of Machinists and Aerospace Workers, Local Lodge 1859, District 110 (Authority decision, January 29, 1988)

Final FLRA decision. This is the Authority's final unfair labor practice order under 5 U.S.C. §§ 7116 and 7118. 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). Filing a petition does not stay the Authority's order unless the court orders a stay under 5 U.S.C. § 7123(c).

Plain-English summary

IAM Local Lodge 1859 asked the Cherry Point Marine Corps Air Station for the names and home addresses of employees in its bargaining unit. The station refused, arguing that the Privacy Act barred disclosure and that the union had not shown a need for the information. An administrative law judge found the refusal an unfair labor practice under Authority precedent and granted summary judgment. The Authority adopted the judge's findings and ordered the station to provide the information, stop refusing such requests, and post a notice for 60 days.

Decision snapshot

• Authority: Information duty under 5 U.S.C. § 7114(b)(4); unfair labor practices under § 7116(a)(1), (5), and (8).
• Outcome: Judge's violation finding affirmed; disclosure and notice posting ordered.
• Key point: Under the precedent applied here, the union was entitled to unit employee names and home addresses for representation.

Full text (FLRA public release)

[ v30 p1270 ]

30:1270(139)CA

The decision of the Authority follows:

30 FLRA No. 139

DEPARTMENT OF THE NAVY
MARINE CORPS AIR STATION
CHERRY POINT, NORTH CAROLINA

Respondent

and

INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE WORKERS
LOCAL LODGE 1859, DISTRICT 110

Charging Party

Case No. 4-CA-70649

DECISION AND ORDER

The Administrative Law Judge issued the attached decision in this case, finding that the Department of the Navy, Marine Corps Air Station, Cherry Point, North Carolina (the Respondent) had engaged in the unfair labor practices alleged in the complaint by refusing to furnish, upon request of the Charging Party (the Union), 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 and the General Counsel filed an opposition to the Respondent's 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, 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, No. 86-2579 (8th Cir. Jan. 15, 1988); United States [PAGE] Department of Health and Human Services, Social Security Administration v. FLRA, 833 F.2d 1129 (4th Cir. 1987), petition for 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 Department of the Navy, Marine Corps Air Station, Cherry Point, North Carolina shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the International Association of Machinists and Aerospace Workers, Local Lodge 1859, District 110, 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 International Association of Machinists and Aerospace Workers, Local Lodge 1859, District 110 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 International Association of Machinists and Aerospace Workers, Local Lodge 1859, District 110 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 and shall be posted in conspicuous places, including all bulletin boards and other places where notices to [ v30 p2 ] 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., January 29, 1988.

Jerry L. Calhoun, Chairman

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY [ v30 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 to furnish upon request of the International Association of Machinists and Aerospace Workers, Local Lodge 1859, District 110, 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 their rights assured them by the Federal Service Labor - Management Relations Statute.

WE WILL furnish the International Association of Machinists and Aerospace Workers, Local Lodge 1859, District 110 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, GA 30367, and whose telephone number is: (404) 347-2324. [ v30 p4 ]

DEPARTMENT OF THE NAVY
MARINE CORPS AIR STATION
CHERRY POINT, NORTH CAROLINA

Respondent

and

INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE
WORKERS, LOCAL LODGE 1859,
DISTRICT 110

Charging Party

Richard S. Jones, Esquire
For the General Counsel, FLRA

Robert J. Gilson, Esquire
For the Respondent

Before: BURTON S. STERNBURG
Administrative Law Judge

Case No. 4-CA-70649

DECISION

Statement of the Case

This is a proceeding under the Federal Service Labor - Management Relations Statute, Chapter 71 of Title 5 of the U.S. Code, 5 U.S.C. Section 7101, et seq. and the Rules and Regulations issued thereunder.

Pursuant to an amended charge first filed on June 18, 1987, by the International Association of Machinists and Aerospace Workers, Local Lodge 1859, District 110, (herein-after called the Union), a Complaint and Notice of Hearing was issued on August 21, 1987, by the Regional Director for Region IV, Federal Labor Relations Authority, Atlanta, Georgia. The Complaint alleges that the Department of the Navy, Marine Corps Air Station, Cherry Point, North Carolina, (hereinafter called the Respondent), violated Sections 7116(a)(1), (5) and (8) of the Federal Service Labor - Management [PAGE] Relations Statute, (hereinafter called the Statute), by failing and refusing to furnish the Union the names and home addresses of bargaining unit members employed at the Marine Corps Air Station, Cherry Point, North Carolina.

On September 1, 1987, the Respondent filed an Answer denying the Commission of any unfair labor practices but admitting all but one of the factual allegations of the Complaint. 1

On October 6, 1987, Counsel for the General Counsel filed with the Regional Director for Region IV a Motion For Summary Judgment along with "Counsel For The General Counsel's Memorandum In Support Of Its Motion For Summary Judgment." On the same date, the Regional Director for Region IV, pursuant to Section 2423.22(b)(1) of the Federal Labor Relations Authority's Rules and Regulations, transferred the General Counsel's Motion for Summary Judgment to the Chief Administrative Law Judge for decision. The matter was subsequently assigned to the undersigned Administrative Law Judge for decision on the Motion For Summary Judgment. On October 14, 1987 Respondent filed a response to the General Counsel's Motion For Summary Judgment wherein he opposed the Motion For Summary Judgment. Respondent also filed a Memorandum in support of its Response to General Counsel's Motion For Summary Judgment.

Having read the Complaint and Respondent's Answer thereto, as well as the respective briefs of the parties in support of their respective positions on the General Counsel's Motion For Summary Judgment, I am convinced, based primarily upon the Federal Labor Relations Authority's decision in Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA No. 101, that a hearing in the instant matter is not necessary since there is no material fact in dispute.

Accordingly, upon the basis of the above described record, and after consideration of the parties briefs, I make the following findings of fact, conclusions and recommendations. [ v30 p2 ]

Findings of Fact

1. At all times material 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 herein, the Department of Defense has been, and is now an agency within the meaning of Section 7103(a)(3) of the Statute.

2(b). At all times material herein, the Department of the Navy, has been and is now a primary national subdivision of the Department of Defense within the meaning of 2421.5 of the Authority's Rules and Regulations, as amended.

2 (c). At all times material herein, the Marine Corps Air Station, Cherry Point, North Carolina has been and is now an activity of the Department of Defense within the meaning of section 2421.4 of the Authority's Rules and Regulations, as amended.

3. At all times material herein, the Union has been and is now the exclusive
   representative of certain ungraded employees of the Marine Corps Air Station, Cherry Point, North Carolina, in a bargaining unit more fully set forth and described in a collective bargaining agreement between the International Association of Machinists and Aerospace Workers, Local Lodge 1859 and the Marine Corps Air Station, Cherry Point, North Carolina, which is effective by its terms from on or about July 17, 1986, for at least a three-year period.

4. At all times material herein, the following persons occupied the positions
   set forth opposite their names at the Respondent's Cherry Point, North Carolina facility and have been and are now supervisors and/or management officials within the meaning of Section 7103(a)(10) and (11) of the Statute, and/or are agents of Respondent.

E. Z. Hamilton . . . . . . . Head of the Labor Relations Department

Gerald W. Johnson . . . . . Civilian Personnel Officer

5. On or about February 12, 1987, the Union, by its Business Representative,
   Terry A. Wethington, requested the names and home addresses of bargaining unit employees described in paragraph 3 above from Mr. Hamilton. [ v30 p3 ]

6. On or about March 2, 1987, Respondent, by Mr. Gerald W. Johnson, denied
   the Union's request for the names and home addresses of bargaining unit employees, as described in paragraph 3, above.

7. The information requested by the Union as described in paragraph 5 above
   is (a) Normally maintained by Respondent in the regular course of business; (b) Reasonably available; and (c) Not guidance, advice, counsel or training for management officials or supervisors, relating to collective bargaining.

Discussion and Conclusions

The General Counsel takes the position that the Authority's decision in Farmers Home Administration Finance Office, St. Louis, Missouri, supra, is dispositive of the matter and that summary judgment in its favor is in order.

Respondent on the other hand take the position that the Privacy Act of 1974, 5 U.S.C. 552a, prohibits the release of the home addresses of the bargaining unit employees. Respondent's Counsel further contends that there has been no showing that the home addresses are necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining. The Respondent also contends that it should be allowed the opportunity to show that the union possesses alternative means of communication.

In agreement with the General Counsel I find that the Authority's decision in Farmers Home Administration, Finance Office, St. Louis, Missouri, supra, is dispositive of all Respondent's contentions and/or defenses. Thus, the Authority held that release of the names and home addresses of unit employees is not prohibited by the Privacy Act, that regardless of the existence of alternative means of communication the names and home addresses of unit employees should be supplied to the Union on request, and, finally, that the exclusive representative need not offer any explanation as to the reasons it seeks such information since the union's need "is so apparent and essentially related to the nature of exclusive representation itself...."

Accordingly, in view of the foregoing, and based upon the Authority's holdings set forth above, and since the Union's request meets all the requirements of Section 7114 (b)(4) of the Statute, I find that Respondent's refusal to furnish the Union with the names and home addresses of [ v30 p4 ] bargaining unit employees constituted a violation of Sections 7116(a)(1), (5) and (8) of the Statute. In such circumstances, I hereby grant the General Counsel's Motion For Summary Judgment.

Having found that Respondent violated the Statute by refusing to supply the Union with the names and home addresses of the bargaining unit employees, it is hereby recommended that the Authority adopt the following order designed to effectuate the purposes and policies of the Statute.

ORDER

Pursuant to Section 2423.29 of the Federal Labor Relations Authority's Rules and Regulations and Section 7118 of the Federal Service Labor - Management Relations Statute, 5 U.S.C., Section 7118, it is ordered that the Department of the Navy, Marine Corps Air Station, Cherry Point, North Carolina, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request, to the International Association of Machinists and Aerospace Workers, Local Lodge 1859, District 110, the exclusive representative of its employees, the names and home addresses of all bargaining unit employees employed at the Department of the Navy, Marine Corps Air Station, Cherry Point, North Carolina.

(b) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of their 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 names and home addresses of all bargaining unit employees as requested by the International Association of Machinists and Aerospace Workers, Local Lodge 1859, District 110.

(b) Post at the Department of the Navy, Marine Corps Air Station, Cherry
[ v30 p5 ] Point, North Carolina, 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 responsible official of the Department of the Navy, Marine Corps Air Station, Cherry Point, North Carolina, 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 insure 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, 1371 Peachtree Street, N.E., Suite 736, Atlanta, Georgia in writing, within 30 days from the date of this Order, as to what steps have been taken to comply herewith.

BURTON S. STERNBURG
Administrative Law Judge

Dated: November 30, 1987
Washington, D.C.

[ v30 p6 ]

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 have been found by the Federal Labor Relations Authority to have committed an unfair labor practice. We have been ordered to post this Notice and abide by its provisions.

WE WILL NOT refuse or fail to furnish, upon request, to the International Association of machinists and Aerospace Workers, Local Lodge 1859, District 110, the exclusive representative of our employees, the names and home addresses of all bargaining unit employees employed at the Department of the Navy, Marine Corps Air Station, Cherry Point, North Carolina.

WE WILL NOT in any like or related manner, interfere with, restrain, or coerce our employees in the exercise of their rights assured by the Federal Service Labor - Management Relations Statute.

WE WILL furnish the names and home addresses of all bargaining unit employees as requested by the International Association of Machinists and Aerospace Workers, Local Lodge 1859, District 110.

_______
(Agency or Activity)

Dated: ____ By: _______ (Signature)

[PAGE]

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, Suite 736, Atlanta, Georgia 30367, and whose telephone number is: (404) 257-2324. [ v30 p2 ]

FOOTNOTES

Footnote 1 Respondent denied that the requested
information is necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining.