Naval Hospital San Diego and AFGE (Authority decision, April 29, 1991)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority. 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). Filing a petition does not stay the Authority's order unless the court orders a stay under 5 U.S.C. § 7123(c).

Plain-English summary

The union asked the Naval Hospital for the names and home addresses of employees in the bargaining unit. The hospital refused, citing privacy concerns and disputing the need for the information. On the parties’ stipulated facts, the Authority found the information necessary for the union’s representation duties and its disclosure consistent with law. It ordered the hospital to provide the list and post a notice.

Decision snapshot

• Authority: 5 U.S.C. § 7114(b)(4).
• Outcome: Unfair labor practice found; names and addresses must be furnished and notice posted.
• Key point: The hospital had to provide the bargaining unit contact list requested for union representation.

Full text (FLRA public release)

[ v40 p492 ]

40:0492(46)CA

The decision of the Authority follows:

40 FLRA No. 46

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

NAVAL HOSPITAL

SAN DIEGO, CALIFORNIA

(Respondent)

and

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, AFL-CIO

(Charging Party)

8-CA-90627

DECISION AND ORDER

April 29, 1991

Before Chairman McKee and Members Talkin and Armendariz.

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 Respondent and the General Counsel filed briefs with the Authority.

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 failing and refusing to furnish the Charging Party (the Union) with the names and home addresses of bargaining unit employees represented by the American Federation of Government Employees, AFL-CIO, Local 1214 (the Local).

For the following reasons, we find that the Respondent committed the unfair labor practice as alleged.

II. Facts

The Local is the exclusive representative of a unit of employees employed by the Respondent. On August 3, 1989, the Union, on behalf of the Local, requested the names and home addresses of bargaining unit employees. By letter dated September 5, 1989, the Respondent denied the Union's request.

The parties stipulated that, within the meaning of section 7114(b)(4) of the Statute, the requested names and home addresses are normally maintained by the Respondent in the regular course of business, are reasonably available, and do not constitute guidance, counsel or training provided to management officials or supervisors relating to collective bargaining.

III. Positions of the Parties

A. Respondent

The Respondent contends that the disclosure of the employees' home addresses is prohibited by the Privacy Act, 5 U.S.C. § 552a, and that the information requested has not been established to be necessary, within the meaning of section 7114(b)(4) of the Statute, for discharge of the Union's representational responsibilities.

The Respondent asserts that release of the requested information is not a permitted routine use of that information under its regulations or under Office of Personnel Management (OPM) regulations. The Respondent claims that the system of records that will be used to supply the Union with the requested information "is a Navy system of records[,] not an OPM system[.]" Respondent's Brief at 1. The Respondent argues that "the routine use disclosure provisions of the applicable Navy system of records [do] not permit, but rather preclude[], the disclosure of employee home addresses to unions, especially if there are alternative means of communications available to the labor organizations." Id.

The Respondent incorporated in, and attached to, its statement a brief filed by the U.S. Department of Justice in the U.S. Court of Appeals for the First Circuit in U.S. Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire, 37 FLRA 515 (1990) (Portsmouth Naval Shipyard), application for enforcement filed sub nom. FLRA v. U.S. Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire, No. 90-1949 (1st Cir. Oct. 1, 1990). In that brief, the Department of Justice argues that (1) employee home addresses may not be disclosed from official personnel files pursuant to the routine use notice published by OPM, and (2) the OPM routine use notice does not apply to "the Department of the Navy payroll system of records, which would probably be the most accurate source of employees' current home addresses." Attachment to Respondent's Brief at 44 n.38.

B. General Counsel

The General Counsel argues that the Authority's decisions in Portsmouth Naval Shipyard and Farmers Home Administration Finance Office, St, Louis, Missouri, 23 FLRA 788 (1986) (Farmers Home) are dispositive of the issue in the case. Noting that the Respondent concedes that the requested information is normally maintained by the Respondent in the regular course of business, is reasonably available, and does not constitute guidance, advice, counsel or training provided for management officials or supervisors, within the meaning of section 7114(b)(4), the General Counsel asserts that the Respondent's admitted failure to furnish the Union with the requested information violates section 7116(a)(1), (5), and (8) of the Statute.

IV. Analysis and Conclusions

In Portsmouth Naval Shipyard, we reaffirmed Farmers Home and concluded that the release of the names and home addresses of bargaining unit employees to their exclusive representatives 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) of the Statute. We also determined that the release of the information generally is required without regard to whether alternative means of communication are available. We find that resolution of this case does not require consideration of whether alternative means of communication are available to the Union.

The parties stipulated that the requested information is normally maintained by the Respondent in the regular course of business, is reasonably available to the Respondent, and does not constitute guidance, advice, counsel, or training provided for management officials or supervisors relating to collective bargaining. Accordingly, based on the Authority's decision in Portsmouth Naval Shipyard, we conclude that the Respondent violated section 7116(a)(1), (5), and (8) of the Statute by failing to furnish the Union with the names and home addresses of unit employees represented by the Union.

We note, in this regard, the Respondent's argument that OPM's routine use notice does not apply to the "system of records that will be used to supply the union with the requested information . . . ." Respondent's Brief at 1. The Respondent does not specify the system of records to which it refers. Read in light of the Department of Justice brief attached to, and incorporated in, the Respondent's brief, however, we construe the Respondent's argument to be that the requested information would be supplied from the Respondent's payroll records because official personnel files, which are subject to the OPM's routine use notice, are not the most accurate source of current home addresses.

This argument is not relevant to our resolution of this case. There is no basis on which to conclude that the Union specifically requested the Respondent to provide the home addresses from its payroll records or from any other specific system of records. Moreover, the Respondent does not dispute that the requested information is available from the OPM system of records. As such, the possible availability of the requested information from other agency systems of records has no bearing on whether the information is properly releasable from the system of records subject to OPM's routine use notice. See U.S. Naval Ordnance Station, 40 FLRA No. 34 (1991), slip op. at 3-4.

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 Naval Hospital, San Diego, California shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, AFL-CIO, the names and home addresses of all employees in the bargaining unit represented by the American Federation of Government Employees, AFL-CIO, Local 1214.

(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, AFL-CIO, the names and home addresses of all employees in the bargaining unit represented by the American Federation of Government Employees, AFL-CIO, Local 1214.

(b) Post at its facilities where bargaining unit employees represented by the American Federation of Government Employees, AFL-CIO, Local 1214 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, San Francisco Regional Office, 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, AFL-CIO, the names and home addresses of all employees in the bargaining unit represented by the American Federation of Government Employees, AFL-CIO, Local 1214.

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 Statute.

WE WILL furnish the American Federation of Government Employees, AFL-CIO, the names and home addresses of all employees in the bargaining unit represented by the American Federation of Government Employees, AFL-CIO, Local 1214.

(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, San Francisco Regional Office, Federal Labor Relations Authority, whose address is: 901 Market Street, Suite 220, San Francisco, CA 94103, and whose telephone number is: (415) 744-4000.

FOOTNOTES:
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decision does not have footnotes.)