22nd Combat Support Group, March Air Force Base, California and American Federation of Government Employees, Interdepartmental Local 3854 (Authority decision, December 24, 1987)

Final FLRA decision. The Authority finds that the 22nd Combat Support Group committed an unfair labor practice by refusing to provide the union with bargaining unit employees' names and home addresses. It orders disclosure and a posted 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

AFGE Local 3854 requested names and home addresses of bargaining unit employees at March Air Force Base. The 22nd Combat Support Group refused, arguing that privacy law barred release and that compiling the information would be too burdensome. The Authority found the information was kept in personnel folders and payroll records available to the group. It rejected the burden claim because the group offered no evidence that matching or reviewing those records would be unreasonably costly or difficult. The Authority found an unfair labor practice and ordered disclosure and a 60-day posted notice.

Decision snapshot

• Authority: Information duty under 5 U.S.C. § 7114(b)(4); unfair labor practices under § 7116(a)(1), (5), and (8).
• Outcome: Unfair labor practice found; names, addresses, and 60-day notice posting ordered.
• Key point: An unsupported claim that compiling existing records is burdensome did not defeat the disclosure duty.

Full text (FLRA public release)

[ v30 p582 ]

30:0582(72)CA

The decision of the Authority follows:

30 FLRA No. 72

22nd COMBAT SUPPORT GROUP (SAC)
MARCH AIR FORCE BASE, CALIFORNIA

Respondent

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, INTERDEPARTMENTAL
LOCAL 3854, AFL-CIO

Charging Party

Case No. 8-CA-70434

DECISION AND ORDER

I. Statement of the Case

This unfair labor practice case is before the Authority under section 2429.1(a) of the Authority's Rules and Regulations, based upon a stipulation of facts by the parties. 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 Charging Party (the Union), the exclusive representative of a unit of the Respondent's employees, with the names and home addresses of those employees. For the reasons stated below, we find that the Respondent committed the unfair labor practices as alleged.

II. Facts

The Union is the exclusive representative of a unit of the Respondent's employees. By letter dated April 20, 1987, the Union requested that the Respondent provide it with the names and home addresses of the employees in the unit. By letter dated April 29, 1987, the Respondent denied the request. The parties stipulated that the names and home addresses of the employees are contained in their Official Personnel Folders (OPFs), which are maintained by the Respondent. The parties also stipulated that the Respondent has access to the information in civilian payroll records [PAGE] maintained at March Air Force Base and at the Air Force Accounting and Finance Center in Denver, Colorado. The parties further stipulated that the information does not constitute guidance, advice, counsel or training provided for management officials or supervisors relating to collective bargaining.

III. Positions of the Parties

The Respondent contends that release of the home addresses of employees is prohibited by the Privacy Act and that the information is not necessary for the Union to carry out its representational duties. The Respondent disagrees with the Authority's Decision on Remand in Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA 788 (1986) (Farmers Home), petition for review filed sub nom. U.S. Department of Agriculture and Farmers Home Administration Finance Office, St. Louis, Missouri v. FLRA, 86-2579 (8th Cir. Dec. 23, 1986), and asserts the Authority erred in that decision and others. The Respondent further asserts that the information sought is not "normally maintained" or "reasonably available" within the meaning of section 7114(b)(4)(A) and (B) of the Statute and that it would be unduly burdensome to compile the information.

The General Counsel contends that the Authority's decision on Remand in Farmers Home is controlling in this case. The General Counsel further argues that there is no merit to the Respondent's assertion that the information is not normally maintained or reasonably available because there is no evidence to support its assertion. Consequently, the General Counsel argues that the Respondent's failure to furnish the requested names and home addresses constitutes a failure to comply with section 7114(b)(4) and a violation of section 7116(a)(1), (5) and (8) of the Statute.

IV. Analysis and Conclusions

In our Decision and Order on Remand in Farmers Home, we held that the release of names and home addresses of bargaining unit employees to the exclusive representative of those employees 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). We also determined that the release of the information is generally required without regard to whether alternative means of communication are available. Based on our decision in Farmers Home, we reject the Respondent's arguments that the release of the information sought by the Union is prohibited by law and is not necessary. See also [ v30 p2 ] United States Department of Health and Human Services, Social Security Administration v. FLRA, nos. 87-3513(L), 87-3514, 87-3515 (4th Cir. Nov. 25, 1987) (cases in which the Authority cited Farmers Home as precedent), 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).

We also find, contrary to the Respondent's position, that the information is normally maintained and reasonably available. It is clear from the parties' stipulation that the information is maintained in the regular course of business in the employees' OPFs and payroll records and that the Respondent maintains or has access to those records. Moreover, while the Respondent argues that it will be unduly burdensome to compile the information, we find that the Respondent fails to substantiate its argument. The Respondent merely asserts that it would have to match a computer listing of bargaining unit employees with its payroll records or review the personnel folders of the employees to create the data requested by the Union. However, the Agency does not present any evidence to establish that either process would be unnecessarily costly, time-consuming or difficult. We therefore find no merit in the Respondent's argument that the information is not normally maintained or reasonably available. Air Force Contract Management Division, Detachment 12, Air Force Representative Office, Canoga Park, California, 30 FLRA No. 39 (1987).

Accordingly, we conclude that the Respondent was required to provide the Union with the names and homes addresses of the bargaining unit employees under section 7114(b)(4). We further conclude that the Respondent's refusal to provide the Union with the requested information violated section 7116(a)(1), (5) and (8) of the Statute.

V. 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 22nd Combat Support Group (SAC), March Air Force Base, California shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, Interdepartmental [ v30 p3 ] Local 3854, 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 American Federation of Government Employees, Interdepartmental Local 3854, AFL - CIO, the names and home addresses of all employees in the bargaining unit it represents.

(b) Post at its facilities where bargaining unit employees represented by the American Federation of Government Employees, Interdepartmental Local 3854, 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 Commanding Officer of the 22nd Combat Support Group (SAC), March Air Force Base, California, and shall be posted and maintained for 60 consecutive days thereafter in conspicuous places, including all bulletin boards and 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, in writing, within 30 days from the date of this Order as to what steps have been taken to comply.

Issued, Washington, D.C., December 24, 1987

Jerry L. Calhoun, Chairman

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY [ v30 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, Interdepartmental Local 3854, 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 the rights assured them by the Federal Service Labor - Management Relations Statute.

WE WILL furnish the American Federation of Government Employees, Interdepartmental Local 3854, AFL - CIO, 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, 10th Floor, Los Angeles, California 90071, and whose telephone number is: (213) 894-3805. [PAGE]