Veterans Administration, Clement J. Zablocki Veterans Administration Medical Center, Milwaukee and National Federation of Federal Employees, Local 3 (Authority decision, December 11, 1987)

Final FLRA decision. The Authority adopts an administrative law judge's finding that the VA Medical Center unlawfully refused to provide the union with bargaining unit employees' names and home addresses. It orders disclosure and a posted notice. 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).

Plain-English summary

NFFE Local 3 requested names and home addresses of nonprofessional employees it represented at the Milwaukee Zablocki VA Medical Center. The center refused, arguing that privacy law barred disclosure, the information was unrelated to bargaining, and the union had other ways to contact employees. An administrative law judge applied the Authority's earlier ruling rejecting those objections and found an unfair labor practice. The Authority adopted the judge's findings and order. The VA must furnish the information and post a notice for 60 days.

Decision snapshot

• Authority: Information duty under 5 U.S.C. § 7114(b)(4); unfair labor practices under § 7116(a)(1), (5), and (8).
• Outcome: Unfair labor practice found; names, addresses, and 60-day notice posting ordered.
• Key point: The availability of other ways to reach employees did not remove the disclosure duty under the Authority's ruling.

Full text (FLRA public release)

[ v30 p433 ]

30:0433(55)CA

The decision of the Authority follows:

30 FLRA No. 55

VETERANS ADMINISTRATION
WASHINGTON, D.C. and
CLEMENT J. ZABLOCKI VETERANS
ADMINISTRATION MEDICAL CENTER
MILWAUKEE, WISCONSIN

Respondent

and

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 3

Charging Party

Case No. 5-CA-70211

DECISION AND ORDER

The Administrative Law Judge issued the attached decision in this case, finding that the Veterans Administration, Washington, D.C. and the Clement J. Zablocki Veterans Administration Medical Center, Milwaukee, Wisconsin (the Respondent) 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 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.

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor - Management Relations 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, the exceptions, and the entire record, we adopt the Judge's findings, conclusions, and recommended Order. See United States Department of Health and Human Services, Social Security Administration v. FLRA, Nos. 87-3513 (L), 87-3514, 87-3515 (4th Cir. Nov. 25, 1987), affirming Department of Health and Human Services, Social [PAGE] Security Administration, 24 FLRA 543 (1986); Department of Health and Human Services, Social Security Administration and social Security Administration Field Operations, New York Region, 24 FLRA 583 (1986); Department of Health and Human Services, Social Security Administration, 24 FLRA 600 (1986).

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 the Clement J. Zablocki Veterans Administration Medical Center, Milwaukee, Wisconsin shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the National Federation of Federal Employees, Local 3, 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 National Federation of Federal Employees, Local 3 with 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 National Federation of Federal Employees, Local 3 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 Clement J. Zablocki Veterans Administration Medical Center 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. [ v30 p 2 ]

(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., December 11, 1987.

Jerry L. Calhoun, Chairman

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY [ v30 p3 ]

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 Federation of Federal Employees, Local 3, 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 their rights assured them by the Federal Service Labor - Management Relations Statute.

WE WILL furnish the National Federation of Federal Employees, Local 3 with 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 V, Federal Labor Relations Authority, whose address is: 175 West Jackson Blvd., Suite 1359-A, Chicago, Illinois 60604 and whose telephone number is: (312) 353-6306. [PAGE]

VETERANS ADMINISTRATION,
WASHINGTON, D.C. and
CLEMENT J. ZABLOCKI VETERANS
ADMINISTRATION MEDICAL
CENTER, MILWAUKEE, WISCONSIN

Respondent

and

NATIONAL FEDERATION OF
FEDERAL EMPLOYEES, LOCAL 3

Charging Party

Case No. 5-CA-70211

Mary L. Woehrer, Esq.
For the Respondent

Sharon A. Bauer, Esq.
For the General Counsel

Before: WILLIAM NAIMARK
Administrative Law Judge

DECISION

Statement of the Case

This case arose under the Federal Service Labor - Management Relations Statute, 5 U.S.C. 7101, et seq., (herein called the Statute).

Unfair labor practice charges having been filed by the National Federation of Federal Employees, Local 3 (herein called the Union) against Veterans Administration, Washington, D.C. and Clement J. Zablocki Veterans Administration Medical Center, Milwaukee, Wisconsin (herein collectively called the Respondent), a Complaint and Notice of Hearing was issued on April 23, 1987 by the Regional Director for the Federal Labor Relations Authority, Region V against Respondent. [PAGE]

The Complaint alleged that Respondent violated Section 7116(a)(1), (5) and (8) of the Statute by refusing, upon request, to provide the Union the names and home addresses of employees in the bargaining unit represented by the Union.

Respondent's Answer, filed on May 15, 1987, and its Notice of Amended Answer dated May 18, 1987, admits all the factual allegations in the Complaint. It denied that the information requested herein is necessary for the Union's representational functions and for full and proper discussion, understanding and negotiation of subjects within the scope of collective bargaining. It also denied the commission of unfair labor practices.

On May 26, 1987 General Counsel filed a Motion for Summary Judgment with the Chief Administrative Law Judge together with a supporting memorandum of law. 1 A brief in opposition to the Motion was filed by Respondent on June 4, 1987 setting forth its contention and legal defenses.

The Motion was duly assigned to the undersigned for disposition. Based on the allegations in the Complaint and on the Answers herein, the undersigned makes the following:

Findings of Fact

1. At all times material herein the Council of Veterans Administration
   Locals, National Federation of Federal Employees, Independent (Council), and National Federation of Federal Employees, Local 3 have been labor organizations within the meaning of Section 7103(a)(4) of the Statute.

2. At all times material herein the Council has been, and still is, the
   certified exclusive representative of a consolidated unit of nonprofessional employees of Respondent, including, inter alia, nonprofessional employees of Respondent at its Clement J. Zablocki Veterans Administration Medical Center in Milwaukee, Wisconsin with specified exclusions from said unit.

3. At all times material herein the Union has been an agent of the Council
   with respect to the nonprofessional employees of Respondent at the Clement J. Zablocki Veterans Administration Medical Center in Milwaukee, Wisconsin. [ v30 p 2 ]

4. On or about February 5, 1987 the Union requested that Respondent furnish
   the Union names and home addresses of all bargaining unit employees who were employed at the Clement J. Zablocki Veterans Administration Medical Center in Milwaukee, Wisconsin.

5(a). The information requested in paragraph 4 above is maintained by Respondent in the regular course of business.

(b). The information requested in paragraph 4 above is reasonably available and necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining.

(c). The information requested in paragraph 4 above does not constitute guidance, advice, counsel or training provided for management officials or supervisors relating to collective bargaining.

6. Since on or about February 18, 1987 Respondent, by its agent James
   Roseborough has failed and refused to furnish the Union the requested information referred to in paragraph 4 above.

Conclusions

In denying that it has violated the Statute by failing and refusing to provide the Union with the names and home addresses of bargaining unit employees, Respondent makes several contentions. It insists that (a) the information is protected from disclosure by the privacy exemption of the FOIA, 5 U.S.C. 552(b)(6); (b) home addresses are not disclosable under OPM's "routine use" provision for routine disclosure of job-related-information concerning federal employees to unions; (c) names and addresses are not "data" related to collective bargaining; (d) disclosure is not necessary under 7114(b)(4) of the Statute since alternative means exist for the Union to communicate with unit employees.

The facts herein, as well as the contentions raised by Respondent, are substantially the same as were present in Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA 788 (1986). The Authority concluded therein that said contentions were without merit. Thus, the undersigned finds that the Respondent was obliged to furnish, under Section 7114(b) of the Statute, the names and addresses to the Union herein. [ v30 p3 ]

On the basis of the foregoing, it is further concluded that Respondent's refusal and failure to furnish the requested information violated Section 7116(a)(1), (5) and (8) of the Statute. Accordingly, the Motion for Summary Judgment is granted, and the undersigned recommends the Authority issue the following:

ORDER

Pursuant to section 2423.29 of the Rules and Regulations of the Federal Labor Relations Authority and section 7118 of the Statute, the Authority hereby orders that the Veterans Administration, Washington, D.C. and Clement J. Zablocki Veterans Administration Medical Center, Milwaukee, Wisconsin, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the National Federation of Federal Employees, Local 3, the exclusive representative of its nonprofessional employees, the names and addresses of all its unit employees at the Clement J. Zablocki Veterans Administration Medical Center, Milwaukee, Wisconsin.

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

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

(a) Furnish the National Federation of Federal Employees, Local 3, the exclusive representative of its nonprofessional employees, with the names and home addresses of all unit employees at the Clement J. Zablocki Veterans Administration Medical Center, Milwaukee, Wisconsin.

(b) Post at its facilities where bargaining unit employees represented by National Federation of Federal Employees, Local 3, are located, copies of the attached Notice on forms to be furnished by the Federal Labor Relations Authority. [ v30 p4 ]

Upon receipt of such forms, they shall be signed by the Director of the Clement J. Zablocki Veterans Administration Medical Center, Milwaukee, Wisconsin, 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.

(d) 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 herewith.

WILLIAM NAIMARK
Administrative Law Judge

Dated: October 13, 1987
Washington, D.C.

[ v30 p5 ]

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 STATUTE WE HEREBY NOTIFY OUR EMPLOYEES THAT:

WE WILL NOT refuse to furnish, upon request on the National Federation of Federal Employees, Local 3, the exclusive representative of the nonprofessional employees at the Clement J. Zablocki Veterans Administration Medical Center, Milwaukee, Wisconsin, the names and home addresses of all employees in the unit it represents.

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

WE WILL furnish, upon request, the National Federation of Federal Employees, Local 3, the exclusive representative of the nonprofessional employees at the Clement J. Zablocki Veterans Administration Medical Center, Milwaukee, Wisconsin, the names and home addresses of all employees in the unit it represents.

_______
(Agency or Activity)

Dated: __ BY: ____ (Signature)

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, Region V, whose address is: 175 W. Jackson Boulevard, Suite A-1359, Chicago, IL 60604, and whose telephone number is: (312) 353-6306. [PAGE]

FOOTNOTES

Footnote 1 No objection was interposed by Respondent as to this procedure.