Veterans Administration Medical Center, Phoenix, Arizona and American Federation of Government Employees, Local 2382 (Authority decision, July 31, 1987)

Final FLRA decision. The Authority finds that the Phoenix VA medical center unlawfully refused to provide AFGE Local 2382 with represented employees' names and home addresses. It orders disclosure on request 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 2382 requested names and home addresses of eligible nonprofessional employees it represented at the Phoenix VA medical center. The center refused, citing privacy law and other ways for the union to communicate with employees. The parties stipulated that the information was regularly maintained and reasonably available. Applying Farmers Home, the Authority held that the Privacy Act permitted disclosure and that alternative communication methods did not remove the center's duty to provide the information. It found an unfair labor practice and ordered disclosure and a posted 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 center's privacy and alternative-contact objections did not justify withholding the union's represented employees' contact information.

Full text (FLRA public release)

[ v28 p338 ]

28:0338(50)CA

The decision of the Authority follows:

28 FLRA No. 50

VETERANS ADMINISTRATION MEDICAL
CENTER, PHOENIX, ARIZONA

Respondent

and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
LOCAL 2382, AFL-CIO

Charging Party

Case No. 8-CA-70129

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 Union with names and home addresses of bargaining unit employees. The Respondent and the General Counsel filed briefs. For the reasons 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, Phoenix, Arizona. Local 2382 (the Union) acts as AFGE's agent with respect to these employees. By letter dated November 4, 1986, the Union requested the names and home addresses of all unit employees, which, by letter dated November 24, 1986, the Respondent declined to provide.

The parties have stipulated that the information sought by the Union is normally maintained in the regular course of [PAGE] business; is reasonably available; and does not constitute guidance, counsel or training for management officials or supervisors, relating to collective bargaining.

III. Positions of the Parties

A. The Respondent

The Respondent asserts that disclosure of the information requested is not required by section 7114(b) of the Statute because such disclosure is prohibited by law under the Privacy Act. It contends that disclosure would constitute an unwarranted invasion of the employees' privacy and would not be for a routine use within the meaning of the Privacy Act. The Respondent also asserts that the information is not "data" necessary for the purpose of "collective bargaining" under section 7114(b)(4), and that the existence of sufficient alternative means of communicating with unit employees should be considered.

B. The General Counsel

The General Counsel argues that our decision 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 the Farmers Home Administration Office, St. Louis, Missouri v. FLRA, No. 86-2579 (8th Cir. Dec. 23, 1986), is controlling in this case. 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). 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 [ v28 p2 ] "routine use" of information. 1 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 found in Farmers Home that the release of the information is generally required without regard to whether alternative means of communication are available. Further, from the parties' stipulation, it is evident that the other requirements of section 7114(b)(4)(A), (B) and (C) have been met. 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. Its refusal to do so violated section 7116(a)(1), (5) and (8) of the Statute.

ORDER

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor - Management Relations Statute, Veterans Administration Medical Center, Phoenix, Arizona shall:

1. Cease and desist from:

(a) Refusing to furnish upon request of the American Federation of Government Employees, Local 2382, AFL - CIO, the agent for the exclusive representative of a unit of its employees, the names and home addresses of all bargaining unit employees located at the Veterans Administration Medical Center, Phoenix, Arizona.

(b) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of rights assured by the Statute.

2. Take the following affirmative action in order to effectuate the purposes
   and policies of the Statute: [ v28 p3 ]

(a) Upon request by the American Federation of Government Employees, Local 2382, AFL - CIO, the agent for the exclusive representative of its employees, furnish it with the names and home addresses of all bargaining unit employees located at the Veterans Administration Medical Center, Phoenix, Arizona.

(b) Post at Veterans Administration Medical Center, Phoenix, Arizona, 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 Center, Phoenix, Arizona, 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 VIII, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply.

Issued, Washington, D.C., July 31, 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 2382, AFL - CIO, 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, Phoenix, Arizona.

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, upon request by the American Federation of Government Employees, Local 2382, AFL - CIO, the agent for the exclusive representative of a unit of our employees, furnish it with the names and home addresses of all bargaining unit employees located at the Veterans Administration Medical Center, Phoenix, Arizona.

______
(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 VIII, Federal Labor Relations Authority, whose address is: 350 South Figueroa Street, 10th floor, Los Angeles, California 90071 and whose telephone number is: (213) 894-3805. [PAGE]

FOOTNOTES

Footnote 1 The Respondent also asserts that according to Federal Personnel Manual (FPM) Supplement 711-1, Appendix C, disclosure of employee names and home addresses is an unwarranted invasion of privacy. FPM Supplement 711-1, Appendix C, was deleted on May 16, 1986. Essential material from the supplement has been updated and incorporated into FPM chapter 711. FPM chapter 711 contains no statement similar to that which was contained in Appendix C and on which the Respondent relies.