VA Regional Office and Insurance Center, St. Paul and AFGE Local 1969 (Authority decision, June 16, 1987)

Final FLRA decision. The Authority finds that the St. Paul VA regional office unlawfully withheld unit employees' names and home addresses from AFGE Local 1969 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

AFGE Local 1969 requested the names and home addresses of bargaining unit employees at the VA's St. Paul Regional Office and Insurance Center. The VA refused, arguing that the Privacy Act prohibited release and that home addresses were unnecessary because the union had other ways to contact employees. The parties agreed that the information was normally maintained and reasonably available. Applying its Farmers Home ruling, the Authority held that disclosure was permitted and necessary to the union's representational role regardless of alternative communication methods. It ordered the VA to provide the records and post a notice.

Decision snapshot

• Authority: Union information requests under 5 U.S.C. § 7114(b)(4).
• Outcome: Unfair labor practices found; disclosure and notice posting ordered.
• Key point: Under this decision's analysis, the union did not need to justify why it wished to contact employees at home.

Full text (FLRA public release)

[ v27 p445 ]

27:0445(62)CA

The decision of the Authority follows:

27 FLRA No. 62

VETERANS ADMINISTRATION
WASHINGTON, D.C.

and

VETERANS ADMINISTRATION REGIONAL
OFFICE AND INSURANCE CENTER
ST. PAUL, MINNESOTA
Respondent

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, NATIONAL VA COUNCIL
LOCAL 1969, AFL-CIO
Charging Party

Case No. 5-CA-70070

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 parties. 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

By letter dated November 17, 1986, the Union requested the names and home addresses of all bargaining unit employees employed at the Respondent's Regional Office and Insurance Center in St. Paul, Minnesota. By letter dated November 21, 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 disclosure of the home addresses of employees is prohibited by the Privacy Act. The Respondent also contends that home addresses are not necessary for the Union to carry out its collective bargaining duties, claiming that the Union provided no reason why it is necessary to communicate with the employees at home and that adequate alternate means are available for communication. The Respondent urges the Authority to reconsider its determination in Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA No. 101 (1986), 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). The Respondent asserts that the disclosure of unit employees' names and home addresses to an exclusive representative is not covered by the "routine use" exception which permits disclosure of information to labor organizations when relevant and necessary to their representational duties.

The General Counsel contends that this case is controlled by the Authority's Decision on Remand in Farmers Home. The General Counsel argues that the need for names and home addresses is so apparent and essentially related to the nature of exclusive representation that an explanation or justification for wanting the names and home addresses is not required. Further, the General Counsel maintains that the names and home addresses should be provided whether or not alternate means of communication are available. Finally, the General Counsel argues that the Respondent's failure to furnish the requested names and home addresses constituted a failure to comply with section 7114(b)(4) of the Statute and, consequently, a violation of section 7116(a)(1), (5) and (8).

IV. Analysis and Conclusion

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 alternative means of communication are available. Based on our decision 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 Veterans Administration, Washington, D.C. and Veterans Administration Regional Office and Insurance Center, St. Paul, Minnesota shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request by the American Federation of Government Employees, National VA Council, Local 1969, AFL-CIO, the exclusive representative of a unit of its employees the names and home addresses of all employees in the bargaining unit.

(b) In any like or related manner interfering with, restraining or coercing its employees in the exercise of their 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 American Federation of Government Employees, National VA Council, Local 1969, AFL-CIO, the exclusive representative of a unit of its employees, with the names and home addresses of employees in the bargaining unit.

(b) Post at all its facilities where bargaining unit employees represented by the American Federation of Government Employees, National VA Council, Local 1969, 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 Regional Director of the Veterans Administration Office and Insurance Center, St. Paul, Minnesota 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 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 16, 1987.

/s/ Jerry L. 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 STATE CODE

FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS

WE HEREBY NOTIFY OUR EMPLOYEES THAT:

WE WILL NOT refuse to furnish, upon request of the American Federation of Government Employees, National VA Council, Local 1969, 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 the rights assured them by the Federal Service Labor-Management Relations Statute.

WE WILL furnish the American Federation of Government Employees, National VA Council, Local 1969, AFL-CIO, the exclusive representative of a bargaining unit of our employees, with the names and home addresses of all employees in the unit. (Activity) By: (Signature) (Title)

Dated:

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 of the Federal Labor Relations Authority, Region V, whose address is: 175 West Jackson Blvd., Suite 1359-A, Chicago, Illinois 60604 and whose telephone number is: (312) 353-6306.