Immigration and Naturalization Service, Western Regional Office and National Border Patrol Council, AFGE Local 1613 (Authority decision, June 22, 1988)

Final FLRA decision. The Authority adopts an unfair labor practice finding and orders disclosure of bargaining unit employee names and home addresses. 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 INS Western Regional Office refused to provide the Border Patrol Council with bargaining unit employees' names and home addresses. The agency argued that disclosing addresses might put employees in danger, but presented no evidence that release to the union would do so. The Authority adopted the administrative law judge's finding that the refusal violated federal labor law. It ordered disclosure, a 60-day employee notice, and a compliance report.

Decision snapshot

• Authority: 5 U.S.C. § 7114(b)(4) and § 7118.
• Outcome: Judge's finding adopted; disclosure and notice posting ordered.
• Key point: An unsupported concern about possible misuse of addresses did not defeat disclosure in this case.

Full text (FLRA public release)

[ v32 p437 ]
32:0437(67)CA

The decision of the Authority follows:

32 FLRA No. 67

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 1613, AFL-CIO

Charging Party

Case No. 8-CA-70395

DECISION AND ORDER

The Administrative Law Judge issued the attached decision in the above-entitled proceeding, finding that the Respondent had engaged in the unfair labor practices alleged in the complaint by refusing to furnish, upon request of the Charging Party, the names and home addresses of bargaining unit employees. The Judge granted the General Counsel's motion for summary judgment and recommended that the Respondents be ordered to take appropriate remedial action. 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.

The Respondent raised concerns regarding the release of names and home addresses of its employees because employees sometimes are confronted with dangerous individuals in the course of their work. The Respondent asserts that the names and home addresses could be susceptible to misuse by the unauthorized release of the home addresses. The Respondent, however, has not presented evidence that its employees would be in any danger if names and home addresses were released to the Union. In 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), we stated that "[d]isclosure need not be made in situations where, for example, the evidence discloses that a union has acted in a manner which leads to the conclusion that the employees whose addresses would be disclosed would be in imminent danger if the union knew where they live. See, for example, Shell Oil Co. v. NLRB, 457 F.2d 615 (9th Cir. 1972)." 23 FLRA at 798. The Respondent has not presented evidence to support such a conclusion in this case. See Department of Justice, U.S. Immigration and Naturalization Service, Atlanta, Georgia, 32 FLRA No. 57 (1988).

Accordingly, upon consideration of the Judge's Decision and the entire record, we adopt the Judge's findings, conclusions and recommended Order. See Farmers Home. See also United States Department of the Navy and Philadelphia Naval Shipyard v. FLRA, 840 F.2d 1131 (3d Cir. 1988), 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), 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), 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 U.S. 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 1613, AFL-CIO, the exclusive representative of certain 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 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 1613, AFL-CIO, the exclusive representative of a bargaining unit of certain of its employees, the names and home addresses of all employees in the bargaining unit it represents.

(b) Post at all facilities where bargaining unit employees represented by the National Border Patrol Council, American Federation of Government Employees, Local 1613, 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 Associate Regional Commissioner, Management, Western Regional Office, Immigration and Naturalization Service 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 or fail to furnish, upon request of the National Border Patrol Council, American Federation of Government Employees, Local 1613, AFL-CIO, 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 furnish the National Border Patrol Council, American Federation of Government Employees, Local 1613, AFL-CIO, the exclusive representative of a bargaining unit of certain of our employees, the names and 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, Federal Labor Relations Authority, whose address is: 350 South Figueroa Street, Room 370, Los Angeles, California 90071, and whose telephone number is: (213) 894-3805.

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

*/ As to Respondent's assertion concerning FPM Supplement 711-1, Appendix C, the entire supplement was deleted on May 12, 1986, when Chapter 711 was revised. The revised Appendix C contains no statement similar to that which was contained in the supplement on which the Respondent relies.