Veterans Administration, Washington, D.C. and Veterans Administration Medical Center, Houston, Texas and American Federation of Government Employees, Local 1633 (Authority decision, August 21, 1987)

Final FLRA decision. The Authority finds that the Veterans Administration and its Houston medical center unlawfully refused to provide represented employees' names and home addresses to AFGE Local 1633. It orders disclosure and an employee 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

AFGE Local 1633, acting for the exclusive representative, asked the Houston VA medical center for names and home addresses of represented employees. The VA refused, citing privacy law, alternative ways to contact employees, and a privacy provision in its master agreement. The Authority applied its Farmers Home decision and held that disclosure was required. It found the VA had not shown the agreement prohibited disclosure or clearly waived the union's statutory right. The VA and center were ordered to provide the information and post a notice.

Decision snapshot

• Authority: Information disclosure under 5 U.S.C. § 7114(b)(4); unfair labor practices under § 7116(a)(1), (5), and (8).
• Outcome: Unfair labor practice found; disclosure and notice ordered.
• Key point: The master agreement did not establish a clear waiver of the union's right to employee information.

Full text (FLRA public release)

[ v28 p659 ]

28:0659(84)CA

The decision of the Authority follows:

28 FLRA No. 84

VETERANS ADMINISTRATION,
WASHINGTON, D.C., AND
VETERANS ADMINISTRATION MEDICAL
CENTER, HOUSTON, TEXAS

Respondent

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1633

Charging Party

Case No. 6-CA-70087

DECISION AND ORDER

I. Statement of the Case

This matter is before the Authority under section 2429.1(a) of our Regulations based on the parties' stipulation of facts. 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 Charging Party with the names and home addresses of bargaining unit employees. The Respondent and the General Counsel filed briefs. For the reasons stated below, we find that the Respondent has committed the unfair labor practices as alleged.

II. Facts

The American Federation of Government Employees, AFL - CIO (AFGE) is the exclusive representative of a consolidated unit which includes, among other units, a unit of eligible nonprofessional employees at the Veterans Administration Medical Center, Houston, Texas. Local 1633 (the Union) acts as AFGE's agent with respect to the employees. By letter dated November 17, 1986, the Union requested the names and home addresses of all bargaining unit employees, which, by letter dated December 5, 1986, the Respondent declined to provide. The parties have stipulated that the Respondent maintains a computerized listing of all unit employees and their home addresses at its data processing center in Austin, Texas. [PAGE]

The information requested is maintained in the official personnel files at the Medical Center, and each supervisor maintains files on unit employees containing the requested information.

III. Positions of the Parties

A. The Respondent

The Respondent contends that disclosure of the information requested is prohibited by law. Additionally, the Respondent argues that the information is not relevant and necessary to the Union's representational duties and that there are alternative means to communicate with the employees. The Respondent further asserts that such disclosure would violate the employees' right to privacy as protected in the parties' master agreement.

B. The General Counsel

The General Counsel argues that this case is controlled by 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 Farmers Home Administration Finance Office, St. Louis, Missouri v. FLRA, No. 86-2579 (8th Cir. Dec. 23, 1986). The General Counsel submits that the Respondent's refusal to provide the names and home addresses of bargaining unit employees violates section 7114(b)(4) of the Statute and constitutes the unfair labor practices alleged in the complaint.

IV. Analysis and Conclusions

In our decision on remand in Farmers Home, we held that the release of the names and home addresses of bargaining unit employees to exclusive representatives is not prohibited by law, is necessary for unions to fulfill their duties under the Statute, and meets all of the other requirements of section 7114(b)(4) of the Statute. Our decision in Farmers Home analyzed the two exceptions to the Privacy Act's bar to disclosure of personal information pertinent to the release of employees' names and home addresses: exception (b)(2), concerning the Freedom of Information Act, and exception (b)(3), relating to "routine use" of information. We found that both exceptions to the Privacy Act's bar applied so as to authorize release of the information under the Privacy Act. We also determined that the release of the information is generally required without regard to whether alternative means of communication are available. [ v28 p2 ]

Consistent with our decision in Farmers Home, we therefore find that the Respondent was required to furnish the Union with the names and home addresses of the employees in the bargaining unit and its refusal to do so violated section 7116(a)(1), (5), and (8) of the Statute. In so finding, we conclude that the Respondent fails to establish that the parties' master agreement prohibits release of the names and home addresses of the bargaining unit employees or that the agreement constitutes a clear and unmistakable waiver of the exclusive representative's statutory right to the information. See, for example, Veterans Administration, Washington, D.C. and Veterans Administration Medical Center, Cincinnati, Ohio, 26 FLRA No. 86 (1987) (and the case cited in the decision).

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 Medical Center, Houston, Texas, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, Local 1633, the agent for the exclusive representative of a unit of its employees, the names and home addresses of all unit employees located at the Veterans Administration Medical Center, Houston, Texas.

(b) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of the 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 American Federation of Government Employees, Local 1633, the agent for the exclusive representative of a unit of its employees, with the names and home addresses of all unit employees located at the Veterans Administration Medical Center, Houston, Texas.

(b) Post at the Veterans Administration Medical Center, Houston, Texas, 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 Veterans Administration Medical [ v28 p3 ] Center, Houston, Texas, 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 2424.30 of the Authority's Rules and Regulations, notify the Regional Director, Region VI, Federal Labor Relations Authority, Dallas, Texas, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply.

Issued, Washington, D.C., August 21, 1987

Jerry L. Calhoun, Chairman

Henry B. Frazier III, Member

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY [ v28 p4 ]

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, Local 1633, the agent for the exclusive representative of a unit of our employees, the names and home addresses of all bargaining unit employees located at the Veterans Administration Medical Center, Houston, Texas.

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 furnish the American Federation of Government Employees, Local 1633, the agent for the exclusive representative of a unit of our employees, with the names and home addresses of all bargaining unit employees located at the Veterans Administration Medical Center, Houston, Texas.

_____
(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 of the Federal Labor Relations Authority, Region VI, whose address is: Federal Office Building, 525 Griffin Street, Suite 926, Dallas, TX 75202 and whose telephone number is: (214) 767-4996. [PAGE]