U.S. Department of Defense, Army and Air Force Exchange Service, Dallas, Texas and American Federation of Government Employees, Local 1345 (Authority decision, October 11, 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 1345 asked the Army and Air Force Exchange Service for the names and home addresses of unit employees at its Lowry Air Force Base facility. The agency refused. An administrative law judge found an unfair labor practice, and the Authority adopted that finding. It held that the request satisfied the statutory information requirements and ordered the agency to furnish the records and post a notice. The Authority modified who must sign the notice.

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; unit employee names and home addresses ordered furnished.
• Key point: The requested unit employee contact information met the statutory disclosure requirements.

Full text (FLRA public release)

[ v37 p930 ]
37:0930(78)CA

The decision of the Authority follows:

37 FLRA No. 78

FEDERAL LABOR RELATIONS
AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF
DEFENSE

ARMY AND AIR FORCE EXCHANGE
SERVICE

DALLAS, TEXAS

(Respondent)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 1345

(Charging Party)

7-CA-90172

DECISION AND ORDER

October 11, 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 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 Respondent be ordered to take appropriate remedial action. The Respondent filed an exception to the Judge's Decision. The General Counsel filed an opposition to the Respondent's exception.

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, the exception, 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 No. 39 (1990).

The Union's request for the names and home addresses of unit employees satisfies the requirements of section 7114(b)(4). Therefore, the Respondent was required to provide the data requested by the Union and its refusal to do so violated section 7116(a)(1), (5) and (8) of the Statute.

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, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, AFL-CIO, Local 1345, the agent of the exclusive representative of certain of its employees, the names and home addresses of all employees in the bargaining unit working at its Lowry Air Force Base, Colorado, facility.

(b) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of 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) Furnish the American Federation of Government Employees, AFL-CIO, Local 1345, the agent of the exclusive representative of certain of its employees, the names and home addresses of all employees in the bargaining unit working at its Lowry Air Force Base, Colorado, facility.

(b) Post at all facilities where bargaining unit employees represented by the American Federation of Government Employees, AFL-CIO, Local 1345, 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 Army and Air Force Exchange Service, Dallas, 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 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 1345, the names and home addresses of all employees in the bargaining unit working at its Lowry Air Force Base, Colorado, facility.

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

WE WILL furnish the American Federation of Government Employees, AFL-CIO, Local 1345, the names and home addresses of all employees in the bargaining unit at its Lowry Air Force Base, Colorado, facility.

________
(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 senior official." Judge's Decision at 3. 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).