Department of the Navy, Naval Resale Activity, Naval Air Station Memphis, Millington, Tennessee and National Association of Government Employees, Local R5-66, AFL-CIO (Authority decision, May 15, 1991)

Final FLRA decision. The Authority resolves an unfair labor practice complaint. An aggrieved person may seek judicial review of this final order in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a). A petition does not stay the order unless the court orders a stay under § 7123(c).

Plain-English summary

The Naval Resale Activity at Naval Air Station Memphis refused to give the union names and home addresses of its bargaining unit employees. An administrative law judge granted summary judgment for the General Counsel and found an unfair labor practice. The Authority adopted that ruling and ordered the activity to furnish the information and post a notice.

Decision snapshot

• Authority: 5 U.S.C. § 7114(b)(4); 5 U.S.C. § 7116(a)(1).
• Outcome: Judge’s unfair labor practice finding adopted; employee addresses ordered furnished.
• Key point: The activity’s refusal to give the union unit employee contact information violated its disclosure duty.

Full text (FLRA public release)

[ v40 p881 ]

40:0881(70)CA

The decision of the Authority follows:

40 FLRA No. 70

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

DEPARTMENT OF THE NAVY

NAVAL RESALE ACTIVITY

NAVAL AIR STATION-MEMPHIS

MILLINGTON, TENNESSEE

(Respondent)

AND

NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES

LOCAL R5-66

AFL-CIO

(Charging Party)

4-CA-90632

DECISION AND ORDER

May 15, 1991

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 Respondent violated section 7116(a)(1), (5), and (8) of the Federal Service Labor-Management Relations Statute (the Statute) by failing and refusing to furnish the Charging Party with the names and home addresses of bargaining unit employees represented by the Charging Party. 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. The General Counsel filed an opposition to the Charging Party's exceptions.

Pursuant to section 2423.29 of the Authority's Rules and Regulations, we have reviewed the rulings of the Judge and find that no prejudicial error was committed. On consideration of the entire record, we adopt the Judge's findings, conclusions and recommended Order.

II. Order

Pursuant to section 2423.29 of the Federal Labor Relations Authority's Rules and Regulations and section 7118 of the Statute, it is hereby ordered that the Department of the Navy, Naval Resale Activity, Naval Air Station-Memphis, Millington, Tennessee, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the National Association of Government Employees, Local R5-66, AFL-CIO, 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 rights assured them by the Federal Service Labor-Management Relations Statute.

2. Take the following affirmative action in order to
   effectuate the purposes and policies of the Federal Service Labor-Management Relations Statute:

(a) Furnish National Association of Government Employees, Local R5-66, AFL-CIO, 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 National Association of Government Employees, Local R5-66, AFL-CIO, 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 the Navy, Naval Resale Activity, Naval Air Station-Memphis, Millington, Tennessee 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, Atlanta Regional Office, 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.

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 National Association of Government Employees, Local R5-66, AFL-CIO, 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 rights assured them by the Federal Service Labor-Management Relations Statute.

WE WILL furnish the National Association of Government Employees, Local R5-66, AFL-CIO, 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, Atlanta Regional Office, whose address is: 1371 Peachtree Street, N.E., Suite 122, Atlanta, GA, 30367, and whose telephone number is (404) 347-1032.

FOOTNOTES:
(If blank, the decision does not
have footnotes.)