Veterans Administration, Riverside National Cemetery and American Federation of Government Employees, Local 3854 (Authority decision, October 25, 1988)

Final FLRA decision. The Authority adopts an administrative law judge's unfair labor practice findings and orders the Veterans Administration to furnish bargaining unit names and home addresses to the union. 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 the names and home addresses of employees it represented at Riverside National Cemetery. The Veterans Administration refused, arguing in part that 22 of 34 employees wanted their addresses kept confidential. An administrative law judge granted summary judgment on the union's unfair labor practice complaint. The Authority held that the employees' requests did not create a material factual dispute under the precedent it applied. It adopted the judge's findings and ordered the cemetery to provide the information, post a notice for 60 days, and report compliance.

Decision snapshot

• Authority: Unfair labor practice remedy under 5 U.S.C. § 7118.
• Outcome: Judge's findings adopted; VA ordered to furnish names and home addresses.
• Key point: In this decision, employees' requests for address confidentiality did not defeat the union's information request.

Full text (FLRA public release)

[ v33 p316 ]
33:0316(39)CA

The decision of the Authority follows:

33 FLRA No. 39

FEDERAL LABOR RELATIONS
AUTHORITY

WASHINGTON, D.C.

VETERANS
ADMINISTRATION

RIVERSIDE NATIONAL
CEMETERY

RIVERSIDE,
CALIFORNIA

(Respondent)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

INTERDEPARTMENTAL, LOCAL
3854

AFL-CIO

(Charging Party)

8-CA-70436

DECISION AND ORDER

October 25, 1988

Before Chairman Calhoun and Member
McKee.

The Administrative Law Judge issued the attached decision in this case, finding that the Respondent had engaged in the unfair labor practices alleged in the complaint by refusing to furnish, upon request of the American Federation of Government Employees, Interdepartmental, Local 3854, AFL-CIO (the Union), the names and home addresses of bargaining unit employees. The Union represents a unit of the Respondent's general schedule and wage grade employees. The Judge granted the General Counsel's motion for summary judgment and recommended that the Respondent be ordered to take appropriate remedial action. The Respondent filed exceptions to the Judge's Decision. No opposition was filed to the Respondent's exceptions.

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. We affirm the rulings. Upon consideration of the Judge's Decision, the exceptions, 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) (Farmers Home), 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, 57 U.S.L.W. 3186 (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), 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).

The Respondent asserts that this case is distinguishable from Farmers Home. According to the Respondent, 22 of the 34 members of the bargaining unit represented by the Union have requested that the Respondent keep their home addresses confidential. Exceptions at 2. Therefore, based on this factual distinction, the Respondent contends that the Administrative Law Judge did not consider all relevant factual issues in this case in granting the General Counsel's Motion for Summary Judgment. Respondent's Exhibit A at 4.

We disagree. The factual distinction between this case and Farmers Home is not material. See Department of the Navy, U.S. Naval Ordnance Station, Louisville, Kentucky, 33 FLRA No. 1 (1988) (in which the Authority rejected an assertion by a respondent that Farmers Home was distinguishable because the union was denied only the home addresses of unit members who indicated in writing that they did not want their home addresses released). Further, the Respondent's assertion does not create a material issue of fact which precluded the Administrative Law Judge from finding that as a matter of law the General Counsel was entitled to summary judgment. Id.

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 Veterans Administration, Riverside National Cemetery, Riverside, California shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, Interdepartmental, 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 with 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 Director of the Veterans Administration, Riverside National Cemetery, Riverside, California, and shall be posted and maintained for 60 consecutive days thereafter in conspicuous places, including all bulletin boards and other 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.

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 their 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, with 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.)