Bureau of Reclamation, Arizona Projects Office, Phoenix, Arizona and National Federation of Federal Employees (Authority decision, September 30, 1988)

Final FLRA decision. The Authority affirms the judge's unfair labor practice finding and orders the Bureau to furnish the unit's names and home addresses to its union. An aggrieved person may seek judicial review of this final Authority order within 60 days after issuance under 5 U.S.C. § 7123(a); filing does not stay the order unless the court orders a stay under § 7123(c).

Plain-English summary

The National Federation of Federal Employees requested the names and home addresses of employees it represented at the Bureau of Reclamation's Arizona Projects Office. The office refused. An administrative law judge found an unfair labor practice, and the Bureau filed exceptions. The Authority found no prejudicial error in the judge's rulings and adopted the violation finding and order. The Bureau must provide the list and post a notice to employees.

Decision snapshot

• Authority: Unfair labor practice remedy under 5 U.S.C. § 7118.
• Outcome: Judge's violation finding affirmed; contact list and notice posting ordered.
• Key point: The Authority adopted the judge's requirement that the Bureau provide the represented employees' names and home addresses to the union.

Full text (FLRA public release)

[ v32 p1268 ]
32:1268(174)CA

The decision of the Authority follows:

32 FLRA No. 174

UNITED STATES OF AMERICA

BEFORE THE

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

BUREAU OF RECLAMATION

ARIZONA PROJECTS OFFICE

PHOENIX, ARIZONA

Respondent

and

NATIONAL FEDERATION

OF FEDERAL EMPLOYEES

Charging Party

Case No. 8-CA-70350

DECISION AND ORDER

The Administrative Law Judge issued the attached decision in this case, finding that the Bureau of Reclamation, Arizona Projects Office, Phoenix, Arizona (the Respondent) engaged in the unfair labor practices alleged in the complaint by refusing to furnish, upon request of the National Federation of Federal Employees (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 Bureau of Reclamation, Arizona Projects Office, Phoenix, Arizona, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the National Federation of Federal Employees, 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 Federation of Federal Employees 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 Federation of Federal Employees 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 Commissioner of the Bureau of Reclamation, Arizona Projects Office, Phoenix, Arizona, 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 Federation of Federal Employees, 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 Federation of Federal Employees 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.)