U.S. Department of Agriculture, Forest Service, National Forests in Florida and National Federation of Federal Employees, Local 458 (Authority decision, October 25, 1988)

Final FLRA decision. The Authority finds that USDA committed an unfair labor practice by directing Forest Service offices to withhold employee names and home addresses, while dismissing the allegations against those 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

NFFE Local 458 requested names and home addresses for employees it represented in the National Forests in Florida. The Forest Service and its Florida office refused at the direction of the Department of Agriculture. An administrative law judge found unfair labor practices by all three respondents. The Authority concluded that the subordinate offices had been prevented from complying, so it dismissed the allegations against them. It found that USDA's direction violated the Statute and ordered the department to instruct the offices to provide the information, cease interfering, post a notice, and report compliance.

Decision snapshot

• Authority: Unfair labor practice provisions at 5 U.S.C. § 7116(a)(1), (5), and (8).
• Outcome: USDA violation found and remedied; allegations against the Forest Service offices dismissed.
• Key point: The Authority attributed the refusal to the department that directed the subordinate offices to withhold the information.

Full text (FLRA public release)

[ v33 p293 ]
33:0293(36)CA

The decision of the Authority follows:

33 FLRA No. 36

FEDERAL LABOR RELATIONS
AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF
AGRICULTURE

WASHINGTON, D.C.

and

FOREST SERVICE

WASHINGTON, D.C.

and

NATIONAL FORESTS IN
FLORIDA

TALLAHASSEE,
FLORIDA

(Respondents)

and

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES

LOCAL 458,
INDEPENDENT

(Charging Party)

4-CA-70653

DECISION AND ORDER

October 25,
1988

Before Chairman Calhoun and Member
McKee.

The Administrative Law Judge issued the attached decision in this case, 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 Union), the names and home addresses of bargaining unit employees. The Judge granted the General Counsel's motion for summary judgment, denied the Respondents' cross-motion for summary judgment and dismissal of complaint, and recommended that the Respondents be ordered to take appropriate remedial action. The Respondents filed exceptions to the Judge's Decision. No opposition was filed 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, the exceptions, and the entire record, we adopt the Judge's findings, conclusions, and recommended Order except as modified below. 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).

The Respondent U.S. Department of Agriculture (Respondent Agriculture) admitted that Respondent Forest Service (Respondent Service) and Respondent National Forests in Florida (Respondent Florida) denied the Union's request for names and home addresses at its direction. Respondent Service and Respondent Florida have been effectively precluded from complying with the Union's request. Therefore, we find that the conduct of Respondent Service and Respondent Florida in denying the request for names and home addresses did not violate section 7116(a)(1), (5), and (8) of the Statute. However, we find that Respondent Agriculture's action in directing Respondent Service and Respondent Florida not to release names and home addresses of bargaining unit employees to the Union is in violation of section 7116(a)(1), (5), and (8), as alleged. As a remedy, we will order Respondent Agriculture to cease and desist from directing Respondent Service and Respondent Florida to refuse to furnish on request of the Union the names and home addresses of employees in the bargaining unit it represents. See U.S. Department of Agriculture and The Forest Service, 32 FLRA 12 (1988), petition for review filed sub nom. U.S. Department of Agriculture and The Forest Service v. FLRA, No. 88-1440 (D.C. Cir. June 16, 1988).

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 U.S. Department of Agriculture, Washington, D.C. shall:

1. Cease and desist from:

(a) Directing the Forest Service, Washington, D.C. and the National Forests in Florida, Tallahassee, Florida not to release to the National Federation of Federal Employees, Local 458, Independent, 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) Direct the Forest Service, Washington, D.C. and the National Forests in Florida, Tallahassee, Florida to furnish the National Federation of Federal Employees, Local 458, Independent, 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 its facilities where bargaining unit employees represented by the National Federation of Federal Employees, Local 458, 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 the Secretary of the U.S. Department of Agriculture, 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, in writing within 30 days from the date of this Order, as to what steps have been taken to comply.

The allegations in the complaint against the Forest Service, Washington, D.C. and National Forests in Florida, Tallahassee, Florida are dismissed.

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 Forest Service, Washington, D.C. and the National Forests in Florida, Tallahassee, Florida not to release to the National Federation of Federal Employees, Local 458, Independent, the exclusive representative of certain of its 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 direct the Forest Service, Washington, D.C. and the National Forests in Florida, Tallahassee, Florida to furnish the National Federation of Federal Employees, Local 458, Independent, the exclusive representative of certain of its 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, 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.)