Department of the Navy, United States Naval Supply Center, San Diego and American Federation of Government Employees, Local 1399 (Authority decision, January 11, 1988)

Final FLRA decision. The Authority finds that the Naval Supply Center unlawfully refused to provide bargaining unit employees' names and home addresses to AFGE Local 1399. 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 1399 requested names and home addresses of the employees it represented at the San Diego Naval Supply Center. The center refused, arguing that privacy law barred release and that other communication methods made the addresses unnecessary. The parties stipulated that the center normally maintained the information and could reasonably provide it. Applying its earlier employee address ruling, the Authority rejected the center's objections and found an unfair labor practice. It ordered disclosure and a notice posting for 60 days.

Decision snapshot

• Authority: 5 U.S.C. §§ 7114(b)(4), 7116(a)(1), (5), and (8), and 7118.
• Outcome: Unfair labor practice found; names, addresses, and 60-day notice posting ordered.
• Key point: The requested contact information met the statutory disclosure requirements despite the center's privacy and alternative communication objections.

Full text (FLRA public release)

[ v30 p863 ]

30:0863(98)CA

The decision of the Authority follows:

30 FLRA No. 98

DEPARTMENT OF THE NAVY
UNITED STATES NAVAL SUPPLY CENTER
SAN DIEGO, CALIFORNIA

Respondent

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1399, AFL-CIO

Charging Party

Case No. 8-CA-70491

DECISION AND ORDER

I. Statement of the Case

This unfair labor practice case is before the Authority in accordance with section 2429.1(a) of the Authority's Rules and Regulations, based on a stipulation of facts by the parties, who have agreed that no material issue of fact exists.

The complaint alleges that Department of the Navy, United States Naval Supply Center, San Diego, California (the Respondent) violated section 7116(a)(1), (5), and (8) of the Federal Service Labor - Management Relations Statute (the Statute) by failing and refusing to provide the American Federation of Government Employees, Local 1399, AFL - CIO (the Charging Party or Union), with the names and home addresses of bargaining unit employees located at the United States Naval Supply Center in San Diego, California. For the reasons stated below, we find that the Respondent committed the unfair labor practices as alleged.

II. Facts

The American Federation of Government Employees, Local 1399, AFL - CIO is the exclusive representative of a unit composed of Naval Supply Center employees in the San Diego area. By letter dated April 20, 1987, the Charging Party [PAGE] requested that the Respondent furnish it with the names and home addresses of all unit employees. The Charging Party stated in its letter that the requested information was necessary to fulfill its representational activities. By letter dated April 28, 1987, the Respondent refused to furnish the Union with the information requested.

The parties stipulated that the names and home addresses of the employees are normally maintained by the Respondent in the regular course of business; are reasonably available in the Respondent's personnel and payroll files; and do not constitute guidance, advice, counsel, or training provided for management officials or supervisors relating to collective bargaining.

III. Positions of the Parties

The General Counsel argues that 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, No. 86-2579 (8th Cir. Dec. 23, 1986), in which the Authority concluded that section 7114(b)(4) of the Statute entitled the exclusive representative to the names and home addresses of employees in the bargaining unit, is dispositive of the issue in this case. The General Counsel contends that the Respondent's admitted failure to furnish the employees' home addresses constitutes a clear violation of section 7116(a)(1), (5), and (8) of the Statute.

The Respondent contends that the release of the employees' home addresses is prohibited by law, specifically, certain provisions of the Freedom of Information Act and the Privacy Act. The Respondent also contends that the requested information is not relevant or necessary for the Union to carry out its representational duties. The Respondent further asserts that Farmers Home is not controlling in this case and maintains that the existence of sufficient alternative means of communication should be considered when determining whether the employees' home addresses are necessary or relevant to a union's representational duties.

IV. Analysis and Conclusion

In the Authority's Decision and Order on Remand in Farmers Home, the Authority concluded that the release of the names and home addresses of bargaining unit employees to their exclusive representatives is not prohibited by law, is [ v30 p2 ] necessary for unions to fulfill their duties under the Statute, and meets all of the other requirements established by section 7114 (b) (4) of the Statute. The Authority also determined that the release of the information is generally required without regard to whether alternative means of communication are available. Further, from the parties' stipulation, it is evident that the other requirements of section 7114(b)(4)(A), (B), and (C) have been met in this case.

Based on the parties' stipulation and the Authority's decision on remand in Farmers Home, we find that the Respondent was required to furnish the Charging Party with the names and home addresses of employees in the bargaining unit. Its refusal to do so violated section 7116(a)(1), (5), and (8) of the Statute. See 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), 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 Department of the Navy, United States Naval Supply Center, San Diego, California shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, Local 1399, 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: [ v30 p3 ]

(a) Furnish the American Federation of Government Employees, Local 1399, 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, Local 1399, 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 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., January 11, 1988.

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, Local 1399, 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, Local 1399, 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 6o 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. [PAGE]