U.S. Department of the Navy and Pensacola Navy Exchange, Pensacola, Florida and United Food and Commercial Workers Union, Local 1657 (Authority decision, September 27, 1990)

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

UFCW Local 1657 requested the names and home addresses of unit employees at the Pensacola Navy Exchange. The local exchange refused. An administrative law judge found the exchange responsible, while rejecting the claim that Navy headquarters directed the refusal or otherwise interfered with the local union relationship. The Authority adopted that split finding. It ordered the exchange to furnish the records and post a notice, and dismissed the headquarters complaint.

Decision snapshot

• Authority: Information duty under 5 U.S.C. § 7114(b)(4); unfair labor practices under § 7116(a)(1), (5), and (8).
• Outcome: Local exchange violation found; headquarters complaint dismissed; contact records ordered furnished.
• Key point: The local exchange bore responsibility for its own refusal to provide required records.

Full text (FLRA public release)

[ v37 p628 ]
37:0628(46)CA

The decision of the Authority follows:

37 FLRA No. 46

FEDERAL LABOR RELATIONS
AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF THE
NAVY

WASHINGTON, D.C.

AND

PENSACOLA NAVY
EXCHANGE

PENSACOLA, FLORIDA

(Respondents)

and

UNITED FOOD AND COMMERCIAL WORKERS
UNION

LOCAL 1657

(Charging Party)

4-CA-80807

DECISION AND ORDER

September 27, 1990

Before Chairman McKee and Members Talkin and
Armendariz.

I. Statement of the Case

The Administrative Law Judge issued the attached decision in the above-entitled proceeding, finding that the Department of Defense, Department of the Navy, Pensacola Navy Exchange, Pensacola, Florida (Respondent Activity) 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 also found that the Department of Defense, Department of the Navy, Washington, D.C. (Respondent Agency) had not committed the unfair labor practices alleged in the complaint by: (1) refusing to furnish, upon request of the Charging Party, the names and home addresses of bargaining unit employees; and

(2) interfering with the bargaining relationship between the Respondent Activity and the Charging Party by instructing the Respondent Activity not to supply the Charging Party with the requested information.

The Judge granted the General Counsel's motion for summary judgment and recommended that the Respondent Activity be ordered to take appropriate remedial action. The Respondent Activity filed exceptions to the Judge's Decision and the General Counsel filed an opposition to the Respondent Activity'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 and the entire record, we adopt the Judge's findings, conclusions and recommended Order, as modified,(*) for the reasons fully set forth in U.S. Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire, 37 FLRA No. 39 (1990).

II. 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 Defense, Department of the Navy, Pensacola Navy Exchange, Pensacola, Florida shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the United Food and Commercial Workers Union, Local 1657, AFL-CIO, CLC, Birmingham, Alabama, 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 United Food and Commercial Workers Union, Local 1657, AFL-CIO, CLC, Birmingham, Alabama, 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 its facilities where bargaining unit employees represented by the United Food and Commercial Workers Union, Local 1657, AFL-CIO, CLC, Birmingham, Alabama 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 Defense, Department of the Navy, Pensacola Navy Exchange, Pensacola, 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.

The allegations in the complaint against the Department of Defense, Department of the Navy, Washington, D.C. 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 refuse to furnish, upon request of the United Food and Commercial Workers Union, Local 1657, AFL-CIO, CLC, Birmingham, Alabama, 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 United Food and Commercial Workers Union, Local 1657, AFL-CIO, CLC, Birmingham, Alabama, the exclusive representative of a bargaining unit 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 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.)

*/ In his recommended Order the Judge inadvertently included the Respondent Agency. The Order has been modified to reflect the Judge's recommendation that the complaint against the Respondent Agency be dismissed.