U.S. Department of Defense, Army and Air Force Exchange Service, Dallas, Texas and Fort Leavenworth, Kansas and American Federation of Government Employees, Local 738 (Authority decision, September 27, 1990)

Final FLRA decision. This is the Authority's final unfair labor practice order under 5 U.S.C. §§ 7116 and 7118. 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 738 requested names and home addresses of bargaining unit employees at the Fort Leavenworth Army and Air Force Exchange Service. The Dallas and Fort Leavenworth offices refused. An administrative law judge found an unfair labor practice. The Authority adopted that finding and ordered both respondents to furnish the records and post notices. It adjusted the notice signature requirement.

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; employee contact records ordered furnished.
• Key point: The union was entitled to the names and home addresses of employees in its bargaining unit.

Full text (FLRA public release)

[ v37 p617 ]
37:0617(45)CA

The decision of the Authority follows:

37 FLRA No. 45

FEDERAL LABOR RELATIONS
AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF
DEFENSE

ARMY AND AIR FORCE EXCHANGE
SERVICE

DALLAS, TEXAS

AND

ARMY AND AIR FORCE EXCHANGE
SERVICE

FORT LEAVENWORTH,
KANSAS

(Respondents)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 738

(Charging Party)

7-CA-90064

DECISION AND ORDER

September 27, 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 the Respondents 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 Respondents be ordered to take appropriate remedial action. The 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(*) for the reasons fully set forth in U.S. Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire, 37 FLRA No. 39 (1990).

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 Army and Air Force Exchange Service, Dallas, Texas and Army and Air Force Exchange Service, Fort Leavenworth, Kansas shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, AFL-CIO, Local 738, the agent of 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 American Federation of Government Employees, AFL-CIO, Local 738, the agent of 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 Fort Leavenworth, Kansas facilities where bargaining unit employees represented by the American Federation of Government Employees, AFL-CIO, Local 738 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 Commander, Army and Air Force Exchange Service, Dallas, Texas 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.

(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, AFL-CIO, Local 738, the agent of the exclusive representative of certain of our employees, the names and home addresses of all employees in the bargaining unit it represents at the Fort Leavenworth, Kansas facility.

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, AFL-CIO, Local 738, the agent of the exclusive representative of certain of our employees, the names and home addresses of all employees in the bargaining unit it represents at the Fort Leavenworth, Kansas facility.

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

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

*/ The Judge's recommended Order requiring that the Notice be signed by "the Commander, Army and Air Force Exchange Service, Dallas, Texas or his designee" has been modified to delete the reference to "or his designee." The Authority has held that notices shall 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).