Department of the Navy, Navy Resale and Services Support Office, Field Support Office, San Diego, California and National Federation of Federal Employees, Local 63 (Authority decision, August 14, 1987)

Final FLRA decision. The Authority finds that the Navy's San Diego resale and services office unlawfully refused to furnish NFFE Local 63 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

NFFE Local 63 requested names and home addresses to communicate with Navy commissary employees across several San Diego area sites. The Navy refused. The parties agreed that the information was normally maintained, reasonably available, and outside the statutory exclusion for management guidance. Applying its Farmers Home decision, the Authority held that the union was entitled to the information without having to rely on other ways to contact employees. It found an unfair labor practice and ordered the Navy to provide the information on request and post a 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 availability of other communication methods did not excuse withholding represented employees' names and home addresses.

Full text (FLRA public release)

[ v28 p589 ]

28:0589(74)CA

The decision of the Authority follows:

28 FLRA No. 74

DEPARTMENT OF THE NAVY
NAVY RESALE & SERVICES SUPPORT OFFICE
FIELD SUPPORT OFFICE
SAN DIEGO, CALIFORNIA

Respondent

and

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 63

Charging Party

Case No. 8-CA-70187

DECISION AND ORDER

I. Statement of the Case

This unfair labor practice case is before the Authority in accordance with section 2429.1(a) of the Authority's Rules and Regulations, based on a stipulation of facts by the parties, who have agreed that no material issue of fact exists.

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 failing and refusing to provide the National Federation of Federal Employees, Local 63 (the Charging Party), with the names and home addresses of bargaining unit employees located at the Navy Resale and Services Support Office, Field Support Office in San Diego, California.

II. Facts

The National Federation of Federal Employees, Local 63, is the exclusive representative in a unit composed of Civil Service commissary Store Division employees in the San Diego area (Naval Station, Miramar, Naval Training Center, El Centro, and Division Headquarters) of the Naval Resale and Services Support Office, Field Support Office, San Diego, California. By letter dated December 5, 1986, the Charging Party requested that the Respondent furnish it with the names and home addresses of all unit employees. The Charging Party stated in its letter that the requested information was needed to communicate with unit employees on matters such as changes in personnel policies, practices, and conditions of [PAGE] employment. The Charging Party further indicated that it viewed the use of employees' names and home addresses to be an expeditious means of contact for input and proper contract administration and negotiation, noting in particular that the sox commissary stores in the bargaining unit were spread over a 100 mile area. By letter dated January 16, 1987, the Respondent refused to furnish the Union with the information requested.

The parties stipulated that the names and home addresses of the employees are normally maintained by the Respondent in the regular course of business; are reasonably available; and do not constitute guidance, advice, counsel, or training provided to management officials or supervisors relating to collective bargaining.

III. Positions of the Parties

The General Counsel argues that the Authority's decision on remand 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 Farmers Home Administration Finance Office, At. Louis, Missouri v. FLRA, No. 86-2579 (8th Cir. Dec. 23, 1986), in which the Authority concluded that section 7114(b)(4) of the Statute entitled the exclusive representative to the names and home addresses of employees in the bargaining unit, is dispositive of the issue in this case. The General Counsel contends that the Respondent's admitted failure to furnish the employees' home addresses constitutes a clear violation of section 7116(a)(1), (5), and (8) of the Statute.

The Respondent and the Charging Party did not file briefs in this case.

IV. Analysis and Conclusion

In our Decision and Order on Remand in Farmers Home, we concluded that the release of the names and home addresses of bargaining unit employees to their 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 established by section 7114(b)(4) of the Statute. We also determined that the release of the information is generally required without regard to whether alternate 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 in this case. [ v28 p2 ]

Based on the parties' stipulation and our decision on remand in Farmers Home, we find that the Respondent was required to furnish the Charging Party with the names and home addresses of 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, the Department of the Navy, Navy Resale and Services Support Office, Field Support Office, San Diego, California, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the National Federation of Federal Employees, Local 63, the exclusive representative 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 actions in order to effectuate the purposes
   and policies of the Statute:

(a) Upon request of the National Federation of Federal Employees, Local 63, the exclusive representative of its employees, furnish it with the names and home addresses of all bargaining unit employees of the Navy Resale and Services Support Office, Field Support Office at San Diego, California.

(b) Post at the Navy Resale and Services Support Office, Field Support Office, 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 of the Navy Resale and Services Support Office, Field Support Office 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. [ v28 p3 ]

(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., August 14, 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 or fail to furnish, upon request of the National Federation of Federal Employees, Local 63, 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 in any like or related manner interfere with, restrain, or coerce our employees in the exercise of their rights assured them by the Federal Service Labor - Management Relations Statute.

WE WILL, upon request of the National Federation of Federal Employees, Local 63, the exclusive representative of a bargaining unit of certain of our employees, furnish it with the names and home addresses of all bargaining unit employees of the Navy Resale and services support Office, Field Support Office at San Diego, California.

______
(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]