Department of Health and Human Services, Social Security Administration, Great Lakes Program Service Center and American Federation of Government Employees (Authority decision, February 20, 1987)

Final FLRA decision. The Authority orders a remedy for an unfair labor practice. 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

AFGE requested the names and home addresses of bargaining unit employees at two Chicago Social Security Administration facilities. The agency refused, citing employee privacy, the Privacy Act, and other ways for the union to contact employees. Applying its earlier decision on remand in Farmers Home Administration, the Authority found that the information met the statutory disclosure requirements and that alternative communication methods did not remove the duty to provide it. It held that the refusal was an unfair labor practice. The order required disclosure upon request and posting of a notice to employees.

Decision snapshot

• Authority: Information duty under 5 U.S.C. § 7114(b)(4) and unfair labor practice under § 7116(a)(1), (5), and (8).
• Outcome: Violation found; names and home addresses ordered furnished upon request.
• Key point: Under the Authority's reasoning in this decision, alternative contact methods did not defeat the union's information request.

Full text (FLRA public release)

[ v25 p828 ]

25:0828(67)CA

The decision of the Authority follows:

25 FLRA No. 67

DEPARTMENT OF HEALTH AND HUMAN SERVICES
SOCIAL SECURITY ADMINISTRATION
BALTIMORE, MARYLAND AND SOCIAL SECURITY
ADMINISTRATION, GREAT LAKES PROGRAM
SERVICE CENTER, CHICAGO, ILLINOIS
Respondent

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
Charging Party

Case No. 5-CA-60268

DECISION AND ORDER

I. Statement of the Case

This matter is before the Authority under section 2429.1(a) of the Authority's Rules and Regulations based on a stipulation of facts by the parties who have agreed that no material issue of fact exists. The General Counsel, the Charging Party (Union), and the Respondent have filed briefs with the Authority.

The complaint alleges that the Respondent violated section 7116(a)(1), (5) and (8) of the Federal Service Labor-Management Relations Statute (the Statute) by refusing to provide the Union with the names and home addresses of all bargaining unit employees located at 600 W. Madison and 165 N. Canal Street, Chicago, Illinois. The Union's request was made pursuant to section 7114(b)(4) of the Statute. The Respondent, relying in part on the Authority's decision in Farmers Home Administration, Finance Office, 19 FLRA No. 21 (1985), denied the Union's request. The Respondent asserted that the employees' privacy interests in their home addresses outweighed the Union's need to communicate with them and that disclosure of the requested information would violate the Privacy Act. The Respondent also asserted that the Union had adequate alternative means available for communicating with the employees and that management was not convinced that the Union had attempted to effectively use all of those alternatives.

II. Position of the Parties

In its brief to the Authority, the Respondent repeated its reasons noted above for its denial of the Union's request. Both the General Counsel and the Union argued in opposition to the Respondent's position.

III. Analysis and Conclusions

In our Decision and Order on Remand, in Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA No. 101 (1986) (FHAFO), we reviewed the Authority's previous decision, cited by the Respondent, concerning the release of the names and home addresses of bargaining unit employees to exclusive representatives. We concluded that the release of the information is not prohibited by law, is necessary for unions to fulfill their duties under the Statute, and meets all of the other requirements established by section 7114(b)(4). We also determined that the release of the information is generally required without regard to whether alternative means of communication are available. Consistent with our decision on remand in FHAFO, we find that the Respondent was required to furnish the Union with the home addresses of the employees in the bargaining unit. Further, we find that the home addresses of the unit employees are reasonably available to the Respondent and that it would not place an undue burden on the Respondent to provide the Union with the information requested. Finally, we conclude that Respondent's refusal to provide the Union with the names and home addresses sought in this case violated section 7116(a)(1), (5) and (8) of the Statute.

IV. 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 Health and Human Services, Social Security Administration, Baltimore, Maryland and Social Security Administration, Great Lakes Program Service Center, Chicago, Illinois, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, AFL-CIO, the exclusive representative of its employees, the names and home addresses of all bargaining unit employees located at its 600 W. Madison, Great Lakes Program Service Center, Chicago, Illinois facility and at its 165 N. Canal Street, Chicago, Illinois facility.

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

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

(a) Upon request by the American Federation of Government Employees, AFL-CIO, the exclusive representative of its employees, furnish it with the names and home addresses of all bargaining unit employees located at its 600 W. Madison, Great Lakes Program Service Center, Chicago, Illinois facility and at its 165 N. Canal Street, Chicago, Illinois facility.

(b) Post at all its facilities at the Great Lakes Program Service Center and at 165 N. Canal Street, Chicago, Illinois, where bargaining-unit employees represented by the American Federation of Government Employees, 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 Director of the Department of Health and Human Services, Social Security Administration, Great Lakes Program Service Center, Chicago, Illinois, 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 V, 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., February 20, 1987.

/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
/s/ Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY

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 American Federation of Government Employees, AFL-CIO, the exclusive representative of our employees, the names and home addresses of all bargaining unit employees located at our 600 W. Madison, Great Lakes Program Service Center, Chicago, Illinois facility and at our 165 N. Canal Street, Chicago, Illinois facility.

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

WE WILL, upon request by the American Federation of Government Employees, AFL-CIO, the exclusive representative of our employees, furnish it with the names and home addresses of all bargaining unit employees located at our 600 W. Madison, Great Lakes Program Service Center, Chicago, Illinois facility and at our 165 N. Canal Street, Chicago, Illinois facility. (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 V, Federal Labor Relations Authority, whose address is: 175 W. Jackson Blvd., Suite 1359-A, Chicago, IL 60604 and whose telephone number is: (312) 353-6306.