Long Beach Naval Shipyard and AFGE Local 2237 (Authority decision, July 23, 1987)

Final FLRA decision. The Authority finds that the shipyard committed unfair labor practices by refusing to give the exclusive bargaining representative requested employee names and home addresses and orders disclosure and a posted notice. An aggrieved person may seek judicial review of a final Authority order by petitioning 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 order unless the court orders a stay under § 7123(c).

Plain-English summary

AFGE Local 2237 asked the Long Beach Naval Shipyard for the names and home addresses of employees in its bargaining unit. The shipyard refused, arguing that the Privacy Act barred disclosure and that the union had other ways to reach employees. The parties agreed that the shipyard normally maintained the requested information and could reasonably provide it. Applying its earlier Farmers Home ruling, the Authority held that disclosure to the exclusive representative was allowed and required even if other contact methods existed. It found unfair labor practices and ordered the shipyard to provide the list on request and post a notice.

Decision snapshot

• Authority: Bargaining-data duty under 5 U.S.C. § 7114(b)(4).
• Outcome: Unfair labor practices found; disclosure and a posted notice ordered.
• Key point: Alternative ways to contact employees did not remove the duty to furnish the requested unit list under the precedent applied here.

Full text (FLRA public release)

[ v28 p102 ]

28:0102(20)CA

The decision of the Authority follows:

28 FLRA No. 20

LONG BEACH NAVAL SHIPYARD
LONG BEACH, CALIFORNIA

Respondent

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2237, AFL-CIO

Charging Party

Case No. 8-CA-70184

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 the 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 Union is the exclusive representative of a unit of General Schedule employees of the Respondent at its Long Beach, California facility. By memorandum dated December 10, 1986, the Union requested that the Respondent furnish it with the names and home addresses of all unit employees. By memorandum dated December 30, 1986, the Respondent denied the request.

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

III. Positions of the Parties

A. The Respondent

The Respondent asserts that disclosure of the information requested by the Union is not required by section 7114(b)(4) of the Statute because such disclosure is prohibited by law under the Privacy Act. The Respondent also asserts that the information is not necessary for the Union to carry out its representational duties, 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), 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 "routine use" of information. 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 [ v28 p2 ] met. We reject the Respondent's assertion concerning the Federal Personnel Manual, Chapter 294, Appendix C, for the reasons stated in Department of the Navy, Naval Air Station, Moffett Field, California, 28 FLRA No. 10 (1987). 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. See also Long Beach Naval Shipyard, Long Beach, California, 27 FLRA No. 83 (1987), app. for enforcement filed sub nom. FLRA v. Long Beach Naval Shipyard, Long Beach, California, No. 87-1311 (D.C. Cir. July 2, 1987).

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 Long Beach Naval Shipyard, Long Beach, California, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, Local 2237, AFL - CIO, the exclusive representative of a unit of its employees, the names and home addresses of all bargaining unit employees located at its Long Beach, California Naval Shipyard.

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

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

(a) Upon request by the American Federation of Government Employees, Local 2237, AFL - CIO, the exclusive representative of its employees, furnish it with the names and home addresses of all bargaining unit employees located at its Long Beach, California Naval Shipyard.

(b) Post at its Long Beach, California facility 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 Commanding [ v28 p3 ] officer of the Long Beach Naval Shipyard 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, Los Angeles, California, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply herewith.

Issued, Washington, D.C., July 23, 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 2237, AFL - CIO, the exclusive representative of a unit of our employees, the names and home addresses of all bargaining unit employees located at our Long Beach, California Naval Shipyard.

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 2237, AFL - CIO, the exclusive representative of a unit of our employees, furnish it with the names and home addresses of all bargaining unit employees located at our Long Beach, California Naval Shipyard.

__________
(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, CA 90071, and whose telephone number is: (213) 894-3805. [PAGE]