Veterans Administration and Veterans Administration Medical Center, Leavenworth, Kansas and American Federation of Government Employees, Local 85 (Authority decision, October 25, 1988)

Final FLRA decision. The Authority adopts an administrative law judge's unfair labor practice findings and orders the Veterans Administration to furnish employee names and home addresses to the union. 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 85 requested the names and home addresses of employees in the bargaining unit it represented at the Leavenworth VA Medical Center. The Veterans Administration refused to provide them. An administrative law judge found that the refusal was an unfair labor practice and granted summary judgment. The Authority affirmed the judge's rulings and adopted the recommended order. It directed the VA to provide the information, cease the refusal, post a notice for 60 days, and report its compliance.

Decision snapshot

• Authority: Unfair labor practice remedy under 5 U.S.C. § 7118.
• Outcome: Judge's findings adopted; VA ordered to furnish names and home addresses.
• Key point: In this decision, the Authority treated the refusal to provide the requested bargaining unit information as an unfair labor practice.

Full text (FLRA public release)

[ v33 p325 ]
33:0325(40)CA

The decision of the Authority follows:

33 FLRA No. 40

FEDERAL LABOR RELATIONS
AUTHORITY

WASHINGTON, D.C.

VETERANS ADMINISTRATION, WASHINGTON,
D.C.

and

VETERANS ADMINISTRATION MEDICAL
CENTER

LEAVENWORTH, KANSAS

(Respondents)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 85

AFL-CIO

(Charging Party)

7-CA-80203

DECISION AND ORDER

October 25, 1988

Before Chairman Calhoun and Member
McKee.

The Administrative Law Judge issued the attached decision in this case. The Judge found that the Veterans Administration, Washington, D.C., and the Veterans Administration Medical Center, Leavenworth, Kansas, (the Respondents) had engaged in the unfair labor practices alleged in the complaint by refusing to furnish, upon request of the American Federation of Government Employees, Local 85, AFL-CIO (the Charging Party or the Union), the names and home addresses of bargaining unit employees. The Union is the designated agent of the exclusive representative for a unit of Respondents' general schedule and wage grade employees. The Judge granted the General Counsel's motion for summary judgment and recommended that the Respondents be ordered to take appropriate remedial action. The Respondents filed exceptions to the Judge's decision. The General Counsel filed an opposition to the exceptions.

Pursuant to section 2423.29 of our Rules and Regulations and section 7118 of the Federal Service Labor-Management Relations Statute (the Statute), we have reviewed the rulings of the Judge. We find that no prejudicial error was committed, and we affirm the rulings. Upon consideration of the Judge's decision, the exceptions, and the entire record, we adopt the Judge's findings, conclusions, and recommended Order. See Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA 788 (1986), enforced in part and remanded sub nom. U.S. Department of Agriculture and Farmers Home Administration Finance Office, St. Louis, Missouri v. FLRA, 836 F.2d 1139 (8th Cir. 1988), petition for cert. filed, 57 U.S.L.W. 3186 (U.S. Aug. 26, 1988) (No. 88-349). See also United States Department of the Navy and Philadelphia Naval Shipyard v. FLRA, 840 F.2d 1131 (3d Cir. 1988), enforcing Philadelphia Naval Shipyard, 24 FLRA 37 (1986); U.S. Department of the Air Force, Scott Air Force Base, Illinois v. FLRA, 838 F.2d 229 (7th Cir. 1988), affirming Department of the Air Force, Scott Air Force Base Illinois, 24 FLRA 226 (1986); Department of Health and Human Services, Social Security Administration v. FLRA, 833 F.2d 1129 (4th Cir. 1987), affirming Department of Health and Human Services, Social 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 our Rules and Regulations and section 7118 of the Statute, we order that the Veterans Administration, Washington, D.C., and the Veterans Administration Medical Center, Leavenworth, Kansas, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, Local 85, AFL-CIO, the designated agent of the exclusive representative for certain of their 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 their 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 85, AFL-CIO, the designated agent of the exclusive representative for certain of their employees, with the names and home addresses of all employees in the bargaining unit it represents.

(b) Post at their facilities in Leavenworth, Kansas, 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 Medical Center, and they 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.

(c) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Region VII, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order as to what steps have been taken to comply.

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 85, AFL-CIO, the designated agent of the exclusive representative for 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 the rights assured them by the Federal Service Labor-Management Relations Statute.

WE WILL furnish the American Federation of Government Employees, Local 85, AFL-CIO, the designated agent of the exclusive representative for certain of our employees, 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 VII, Federal Labor Relations Authority, whose address is: 535

• 16th Street, Suite 310, Denver, CO 80202 and whose telephone number is: (303)
  844-5224.

FOOTNOTES:
(If blank, the decision does not
have footnotes.)