Navy Public Works Center, Great Lakes and NAGE Local R7-51 (Authority decision, June 24, 1987)

Final FLRA decision. The Authority finds that the Navy Public Works Center committed unfair labor practices by refusing to provide unit employees' names and home addresses to their union and orders disclosure and a posted notice. An aggrieved person may seek judicial review of a final Authority order by petitioning 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 order unless the court orders a stay under § 7123(c).

Plain-English summary

NAGE Local R7-51 requested names and home addresses for bargaining unit employees at the Great Lakes Navy Public Works Center. The Navy refused, citing the Privacy Act and its own disclosure policies. The parties agreed that the records were normally maintained, reasonably available, and outside the statutory exclusion for management bargaining guidance. Applying its Farmers Home ruling, the Authority held that release was required under the information sharing provision and was not prohibited by law. It ordered the Navy to furnish the information and post a notice.

Decision snapshot

• Authority: Union information requests under 5 U.S.C. § 7114(b)(4).
• Outcome: Unfair labor practices found; employee information disclosure and notice posting ordered.
• Key point: The Navy's privacy and agency policy objections did not defeat the disclosure duty under the Authority's analysis in this decision.

Full text (FLRA public release)

[ v27 p660 ]

27:0660(76)CA

The decision of the Authority follows:

27 FLRA No. 76

DEPARTMENT OF THE NAVY
NAVY PUBLIC WORKS CENTER
GREAT LAKES, ILLINOIS
Respondent

and

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R7-51 (SEIU/AFL-CIO)
Charging Party

Case No. 5-CA-70069

DECISION AND ORDER

I. Statement of the Case

This unfair labor practice case is before the Authority in accordance with section 2429.1(a) of the Authority's Rules and Regulations, based upon a stipulation entered into by the Respondent, the Charging Party and the General Counsel. The issue is whether 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 Charging Party (the Union), the exclusive representative of a unit of the Respondent's employees, with the names and home addresses of those unit employees as requested by the Union.

II. Background

The Union is the exclusive representative of a unit of employees of the Respondent. By letter of November 12, 1986, the Union requested that the Respondent furnish the Union with the names and home addresses of all the bargaining unit employees. By letter of December 5, 1986, the Respondent denied the request. The parties stipulated that the names and home addresses of the employees are normally maintained by the Respondent in the regular course of business; are reasonably available; and do not constitute guidance, advice, counsel or training provided to management officials or supervisors relating to collective bargaining.

III. Positions of the Parties

The Respondent contends that the release of names and home addresses is prohibited by the Privacy Act. The Respondent disagrees with the Authority's Decision on Remand in Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA No. 101 (1986) (Farmers Home), petition for review filed sub nom., U.S. Department of Agriculture and the Farmers Home Administration Finance Office, St. Louis, Missouri v. FLRA, No. 86-2779 (8th Cir. Dec. 23, 1986), and requests that the Authority reconsider that decision. Finally, the Respondent argues that Department of the Navy policies governing the disclosure of information specifically prohibit the release of employees' names and home addresses.

The General Counsel contends that this case is controlled by Farmers Home and that under section 7114(b)(4) of the Statute the Union is entitled to the names and home addresses of employees the Union represents. The General Counsel argues that the Respondent's failure and refusal to provide the employees' names and home addresses to the Union constitutes a refusal to comply with section 7114(b)(4) and a violation of section 7116(a)(1), (5) and (8) of the Statute.

IV. Analysis

In our Decision and Order on Remand in Farmers Home, we concluded that the release of names and home addresses of bargaining unit employees to the exclusive representatives of those employees 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 alternate means of communication are available. Based on our Decision on Remand in Farmers Home, we reject the Respondent's assertions in this case and find that the Respondent was required to provide the information under section 7114(b)(4). Accordingly, we conclude that the Respondent's refusal to provide the Union with the requested information violated section 7116(a)(1), (5) and (8) of the Statute.

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, Navy Public Works Center, Great Lakes, Illinois shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request by the National Association of Government Employees, Local R7-51 (SEIU/AFL-CIO), the exclusive representative of a bargaining unit of its employees, the names and home addresses of all employees in the unit.

(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 National Association of Government Employees, Local R7-51 (SEIU/AFL-CIO), the exclusive representative of a bargaining unit of its employees, the names and home addresses of all employees in the unit.

(b) Post at all its facilities where bargaining unit employees represented by the National Association of Government Employees, Local R7-51 (SEIU/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, Navy Public Center, Great Lakes, Illinois and shall be posted and maintained for 60 consecutive days thereafter, in conspicuous places, including all bulletin boards and 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 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., June 24, 1987.

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

APPENDIX

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

WE HEREBY NOTIFY OUR EMPLOYEES THAT:

WE WILL NOT refuse or fail to furnish, upon request, of the National Association of Government Employees, Local R7-51 (SEIU/AFL-CIO), the exclusive representative of a bargaining unit of our employees, the names and home addresses of all employees in the unit.

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 National Association of Government Employees, Local R7-51 (SEIU/AFL-CIO), the exclusive representative of a bargaining unit of our employees, the names and home addresses of all employees in the unit. (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 West Jackson Boulevard, Suite A-1359, Chicago, Illinois 60604 and whose telephone number is: (312) 353-6306.