U.S. Department of the Interior, National Park Service Denver Service Center and Rocky Mountain Regional Office and American Federation of Government Employees, Local 3628 (Authority decision, October 22, 1990)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority finding unfair labor practices by the Department of the Interior under 5 U.S.C. § 7116 while dismissing the allegations against the two National Park Service offices. 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). Filing a petition does not stay the Authority's order unless the court orders a stay under 5 U.S.C. § 7123(c).

Plain-English summary

AFGE Local 3628 sought names and home addresses of employees it represented at two Denver National Park Service offices. The Interior Department directed those offices to withhold the information. The Authority found that Interior unlawfully interfered with the union's bargaining relationship and ordered it to direct disclosure and post a notice signed by the Secretary. It dismissed the allegations against the Denver Service Center and Rocky Mountain Regional Office because the department had prevented them from furnishing the information.

Decision snapshot

• Authority: Information duty under 5 U.S.C. § 7114(b)(4); unfair labor practices under § 7116.
• Outcome: Interior violation found; complaints against the two Park Service offices dismissed.
• Key point: A parent department cannot direct local offices to withhold unit contact information owed to the union.

Full text (FLRA public release)

[ v37 p1129 ]
37:1129(97)CA

The decision of the Authority follows:

37 FLRA No. 97

FEDERAL LABOR RELATIONS
AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF THE
INTERIOR

WASHINGTON, D.C.

AND

NATIONAL PARK
SERVICE

DENVER SERVICE
CENTER

DENVER, COLORADO

AND

NATIONAL PARK
SERVICE

ROCKY MOUNTAIN REGIONAL
OFFICE

DENVER, COLORADO

(Respondents)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 3628

(Charging Party)

7-CA-80556

7-CA-80557

DECISION AND ORDER

October 22, 1990

Before Chairman McKee and Members Talkin and
Armendariz.

I. Statement of the Case

The Administrative Law Judge issued the attached decision in the above-entitled proceeding, finding that Respondent Department of the Interior, Washington, D.C. had engaged in the unfair labor practices alleged in the complaint by directing the National Park Service Center, Denver, Colorado, (Service Center) and National Park Service, Rocky Mountain Regional Office, Denver, Colorado, (Regional Office) to refuse to furnish, on request of the Union, the names and home addresses of bargaining unit employees. The Judge also found that Respondents Service Center and Regional Office had not engaged in the unfair labor practices alleged in the complaint because they had been prevented from furnishing the requested information by the actions of Respondent Department of the Interior. Therefore, the Judge recommended that the complaint against Respondents Service Center and Regional Office be dismissed.

The Judge granted General Counsel's motion for summary judgment against Respondent Department of the Interior and recommended that it be ordered to take appropriate remedial action. Respondents filed exceptions to the Judge's Decision and the General Counsel filed an opposition to the exceptions.

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor-Management Relations Statute (the 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 and the entire record, we adopt the Judge's findings, conclusions and recommended Order, as modified,(*) for the reasons fully set forth in U.S. Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire, 37 FLRA 515 (1990), application for enforcement filed sub nom. FLRA v. U.S. Department of Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire, No. 90-1949 (1st Cir. Oct. 1, 1990).

We reject Respondents' argument that the balancing test embodied in Exemption (b)(6) of the Freedom of Information Act (FOIA), 5 U.S.C. § 552, should be employed only in response to a request under the FOIA. Respondents' Brief at 2. This argument ignores the body of law uniformly indicating that the consideration of whether to release employees' names and home addresses to a union pursuant to a request arising under section 7114(b)(4) requires an application of Exemption (b)(6) of FOIA, which in turn requires a balancing of interests between the privacy rights of the individual and the public interest in disclosure. See, for example, United States Dep't of Navy and Philadelphia Naval Shipyard v. FLRA, 840 F.2d 1131, 1135 (3d Cir.), petit. for cert. dismissed, 109 S. Ct. 632 (1988).

We also reject the argument that "[s]ection 7114(b) [of the Statute] deals exclusively with the actual process of negotiations" and, therefore, "under [s]ection 7114(b)(4), only those matters shedding light on pertinent conditions of employment must be disclosed to the [u]nion." Respondents' Brief at 4. See U.S. Department of the Interior, U.S. Bureau of Mines, Washington, D.C., 37 FLRA No. 65 (1990). Similarly, we disagree with the Respondents' argument that employee names and addresses do not constitute "data" within the meaning of section 7114(b)(4). Id. at

6. Rather, as we discussed at length in Portsmouth Naval Shipyard, such
   information enables a union to communicate effectively with the employees it represents and, therefore, the disclosure of such information enhances both the informed representation of employees and the full and proper discussion of bargaining subjects the Statute and section 7114(b)(4) were designed to promote. 37 FLRA No. 39, slip op. at 13-14.

II. 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 Interior, Washington, D.C. shall:

1. Cease and desist from:

(a) Directing the National Park Service, Denver Service Center, Denver, Colorado and National Park Service, Rocky Mountain Regional Office, Denver, Colorado not to release to the American Federation of Government Employees, AFL-CIO, Local 3628, the exclusive representative of certain of its employees, the names and home addresses of all employees in the bargaining unit it represents.

(b) Interfering with the bargaining relationship between the National Park Service, Denver Service Center, Denver, Colorado and National Park Service, Rocky Mountain Regional Office, Denver, Colorado and the American Federation of Government Employees, AFL-CIO, Local 3628.

(c) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of the rights assured them by the Federal Service Labor-Management Relations Statute.

2. Take the following affirmative action in order to
   effectuate the purposes and policies of the Federal Service Labor-Management Relations Statute:

(a) Direct the National Park Service, Denver Service Center, Denver, Colorado and National Park Service, Rocky Mountain Regional Office, Denver, Colorado to furnish the American Federation of Government Employees, AFL-CIO, Local 3628, the exclusive representative of certain of its employees, the names and home addresses of all employees in the bargaining unit it represents.

(b) Post at its facilities at the National Park Service, Denver Service Center, Denver, Colorado and National Park Service, Rocky Mountain Regional Office, Denver, Colorado, where bargaining unit employees represented by the American Federation of Government Employees, AFL-CIO, Local 3628, 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 Secretary, Department of Interior, Washington, D.C. 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 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.

The allegations in the complaint against National Park Service, Denver Service Center, Denver, Colorado, and National Park Service, Rocky Mountain Regional Office, Denver, Colorado, are dismissed.

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 direct the National Park Service, Denver Service Center, Denver, Colorado and National Park Service, Rocky Mountain Regional Office, Denver, Colorado, to refuse to furnish the American Federation of Government Employees, AFL-CIO, Local 3628, 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 interfere with the bargaining relationship between the National Park Service, Denver Service Center, Denver, Colorado and National Park Service, Rocky Mountain Regional Office, Denver, Colorado and the American Federation of Government Employees, AFL-CIO, Local 3628.

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

WE WILL direct the National Park Service, Denver Service Center, Denver, Colorado and National Park Service, Rocky Mountain Regional Office, Denver, Colorado to furnish the American Federation of Government Employees, AFL-CIO, Local 3628, the exclusive representative of a bargaining unit of certain of our employees, the names and home addresses of all employees in the bargaining unit it represents.

_________
(Agency)

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, Colorado 80202 and whose telephone number is: (303) 844-5224.

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

*/ In his recommended Order the Judge directed that the Notice be signed by "a responsible official." Judge's Decision at 6. The Judge's recommended Order has been modified to require that the Notice be signed by an official designated by the Authority rather than one determined by the Respondent. See Department of the Air Force, Sacramento Air Logistics Center, McClellan Air Force Base, California,35 FLRA 1230, 1231-32 (1990). We have also modified the Judge's Order to conform to his finding that Respondent Department of the Interior interfered with the bargaining relationship between Respondents Service Center and Regional Office and the Union. Finally, we have removed paragraph 1.(b) of the Judge's Order because the Judge made no findings to support an order prohibiting the maintenance of a broad policy of directing the withholding of names and addresses. Compare U.S. Department of Veterans Administration, Washington, D.C. and U.S. Department of Veterans Administration Medical Center, Fayetteville, Arkansas, 37 FLRA No. 55 (1990), application for enforcement filed sub nom. FLRA v. U.S. Department of Veterans Affairs, Washington, D.C., No. 90-2679 (8th Cir. Oct. 3, 1990).