Bureau of Reclamation, Lower Colorado Region, Yuma Projects Office and National Federation of Federal Employees (Authority decision, October 31, 1988)

Final FLRA decision. The Authority adopts the judge's unfair labor practice finding and orders the Bureau of Reclamation to provide employee 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

The National Federation of Federal Employees requested names and home addresses for employees represented by its Local 1487 at the Bureau of Reclamation's Yuma Projects Office. The Bureau refused. An administrative law judge found an unfair labor practice, and the Authority adopted that finding after reviewing the Bureau's exceptions. The Authority ordered the Bureau to provide the information, post a notice for 60 days, and report its compliance steps.

Decision snapshot

• Authority: Unfair labor practice proceedings under 5 U.S.C. § 7118.
• Outcome: Judge's finding adopted; disclosure and notice posting ordered.
• Key point: The Bureau's refusal to furnish represented employees' names and home addresses violated the Statute.

Full text (FLRA public release)

[ v33 p759 ]
33:0759(89)CA

The decision of the Authority follows:

33 FLRA No. 89

FEDERAL LABOR RELATIONS
AUTHORITY

WASHINGTON, D.C.

BUREAU OF
RECLAMATION

LOWER COLORADO REGION, YUMA PROJECTS
OFFICE

YUMA, ARIZONA

(Respondent)

and

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES

(Charging Party)

8-CA-70558

DECISION AND ORDER

October 31, 1988

Before Chairman Calhoun and Member
McKee.

The Administrative Law Judge issued the attached decision in this case. The Judge found that the Respondent had 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), the names and home addresses of bargaining unit employees. The Charging Party requested the names and home addresses of bargaining unit employees on behalf of its constituent, the National Federation of Federal Employees, Local 1487 (the Union). The Union is the exclusive representative of two units of the Respondent's 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), 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).

ORDER

Pursuant to section 2423.29 of our Rules and Regulations and section 7118 of the Statute, we order that the Bureau of Reclamation, Lower Colorado Region, Yuma Projects Office, Yuma, Arizona, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the National Federation of Federal Employees, on behalf of the National Federation of Federal Employees, Local 1487, the exclusive representative of certain of its employees, the names and home addresses of all employees in the bargaining units 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, on behalf of the National Federation of Federal Employees, Local 1487, with the names and home addresses of all employees in the bargaining units it represents.

(b) Post at its facilities where bargaining unit employees represented by the National Federation of Federal Employees, Local 1487 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, Lower Colorado Region, Yuma Projects Office, Yuma, Arizona, 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 National Federation of Federal Employees, on behalf of the National Federation of Federal Employees, Local 1487, the exclusive representative of certain of our employees, the names and home addresses of all employees in the bargaining units 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, on behalf of the National Federation of Federal Employees, Local 1487, with the names and home addresses of all employees in the bargaining units 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.)

*/ The Judge's Order is clarified to reflect that the Charging Party requested the names and home addresses on behalf of its constituent local, the exclusive representative of two units of the Respondent's employees.