Department of Justice, Immigration and Naturalization Service, Western Regional Office and National Border Patrol Council, AFGE Local 2554 (Authority decision, September 16, 1988)

Final FLRA decision. The Authority adopts the administrative law judge's unfair labor practice findings and orders the INS to provide bargaining unit employees' names and home addresses, post a notice, and report compliance. 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

The National Border Patrol Council and AFGE Local 2554 asked the INS Western Regional Office for the names and home addresses of employees it represented. An administrative law judge found that the office's refusal was an unfair labor practice. The INS excepted, but the Authority adopted the judge's findings and order. It directed the office to furnish the names and addresses, post a notice for 60 days, and report its compliance. The complaint did not put the union's earlier request for telephone numbers before the Authority.

Decision snapshot

• Authority: Information duty under 5 U.S.C. § 7114(b)(4) and unfair labor practices under 5 U.S.C. § 7116(a).
• Outcome: Judge’s unfair labor practice ruling adopted; disclosure, notice, and compliance report ordered.
• Key point: The order covers names and home addresses, the information at issue in the complaint.

Full text (FLRA public release)

[ v32 p1184 ]
32:1184(157)CA

The decision of the Authority follows:

32 FLRA No. 157

UNITED STATES OF AMERICA

BEFORE THE

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

UNITED STATES DEPARTMENT OF

JUSTICE, IMMIGRATION AND

NATURALIZATION SERVICE

WESTERN REGIONAL OFFICE

SAN PEDRO, CALIFORNIA

Respondent

and

NATIONAL BORDER PATROL COUNCIL

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, LOCAL 2554, AFL-CIO

Charging Party

Case No. 8-CA-70345

DECISION AND ORDER

The Administrative Law Judge issued the attached decision in this case, finding that the United States Department of Justice, Immigration and Naturalization Service, Western Regional Office, San Pedro, California (the Respondent) had engaged in the unfair labor practices alleged in the complaint by refusing to furnish, upon request of the National Border Patrol Council, American Federation of Government Employees, Local 2554, AFL-CIO (the Charging Party or Union), the names and home addresses of bargaining unit employees.

The Respondent filed exceptions to the Judge's
Decision.(*)

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. See Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA 788 (1986), enforced in part and remanded sub nom. U.S. Department of Agriculture and Farmers Home Administration Finance Office, St. Louis, Missouri v. FLRA, 836 F.2d 1139 (8th Cir. 1988), petition for cert. filed, U.S.L.W. (U.S. Aug. 26, 1988) (No. 88-349). See also United States Department of the Navy and Philadelphia Naval Shipyard v. FLRA, 840 F.2d 1131 (3d Cir. 1988), petition for cert. filed, U.S.L.W. (U.S. Aug. 26, 1988) (No. 88-356), enforcing Philadelphia Naval Shipyard, 24 FLRA 37 (1986); U.S. Department of the Air Force, Scott Air Force Base, Illinois v. FLRA, 838 F.2d 229 (7th Cir. 1988), petition for cert. filed, U.S.L.W. (U.S. Aug. 26, 1988) (No. 88-354), affirming Department of the Air Force, Scott Air Force Base, Illinois, 24 FLRA 226 (1986); Department of Health and Human Services, Social Security Administration v. FLRA, 833 F.2d 1129 (4th Cir. 1987), petition for cert. filed, U.S.L.W. (U.S. Aug. 26, 1988) (No. 88-355), affirming Department of Health and Human Services, Social Security Administration, 24 FLRA 543 (1986); Department of Health and Human Services, Social Security Administration and Social Security Administration Field Operations, New York Region, 24 FLRA 583 (1986); Department of Health and Human Services, Social Security Administration, 24 FLRA 600 (1986).

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 United States Department of Justice, Immigration and Naturalization Service, Western Regional Office, San Pedro, California, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the National Border Patrol Council, American Federation of Government Employees, Local 2554, AFL-CIO, the exclusive representative of certain of its employees, the names with 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 National Border Patrol Council, American Federation of Government Employees, Local 2554, AFL-CIO, the names with home addresses of all employees in the bargaining unit it represents.

(b) Post at its facilities where bargaining unit employees represented by the National Border Patrol Council, American Federation of Government Employees, Local 2554, AFL-CIO, 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 Regional Commissioner of the United States Department of Justice, Immigration and Naturalization Service, Western Regional Office, San Pedro, California, 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 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.,

_____
Jerry L. Calhoun,
Chairman
Jean McKee, Member
FEDERAL LABOR RELATIONS
AUTHORITY

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 National Border Patrol Council, American Federation of Government Employees, Local 2554, AFL-CIO, the exclusive representative of certain of our employees, the names with 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 furnish the National Border Patrol Council, American Federation of Government Employees, Local 2554, AFL-CIO, the names with home addresses of all employees in the bargaining unit it represents.

_____
(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, whose address is: 350 S. Figueroa Street, Room 370, Los Angeles, CA 90071, and whose telephone number is (213) 894-3805.

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

*/ The Respondent mentions that the Union initially sought telephone numbers in addition to the names and home addresses of the employees in the bargaining unit. The Union originally requested employees' names, home addresses and telephone numbers. However, the amended charge and the complaint did not allege that the Respondent violated Section 7116(a)(1), (5), and (8) of the Statute by failing to provide the Union with employees' telephone numbers. Therefore, the only issue before the Judge and before us is the Respondent's refusal to provide the Union with the names and home addresses of unit employees.