Department of the Navy, Naval Undersea Warfare Engineering Station, Keyport and International Association of Machinists and Aerospace Workers, Local Lodge 282 (Authority decision, April 8, 1987)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority finding unfair labor practices under 5 U.S.C. § 7116. 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 for employees at the Navy’s Keyport, Bangor, and Indian Island facilities asked for bargaining unit employees’ names and home addresses. The Naval Undersea Warfare Engineering Station refused, arguing that disclosure was unlawful and that the union had not shown a specific need. The Authority acknowledged that its case law had changed after the request, but applied the law as it stood when deciding the case. It found that the information had to be furnished under its address disclosure ruling and that the refusal was an unfair labor practice. The Authority ordered disclosure and a notice posting.

Decision snapshot

• Authority: Information duty under 5 U.S.C. § 7114(b)(4) and unfair labor practices under § 7116(a)(1), (5), and (8).
• Outcome: Violations found; employee names and addresses ordered disclosed and notice posted.
• Key point: The Authority applied its address disclosure precedent as of the decision date despite different precedent when the request was made.

Full text (FLRA public release)

[ v26 p558 ]

26:0558(65)CA

The decision of the Authority follows:

26 FLRA No. 65

DEPARTMENT OF THE NAVY
NAVEL UNDERSEA WARFARE
ENGINEERING STATION
KEYPORT, WASHINGTON
Respondent

and

INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE WORKERS
LOCAL LODGE 282, AFL-CIO
Charging Party

Case No. 9-CA-60261

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. Briefs have been filed by the Respondent and the General Counsel.

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 provide the International Association of Machinists and Aerospace Workers, Local Lodge 282, AFL-CIO (the Union), the exclusive representative of a unit of the Respondent's employees, with the names and home addresses of unit employees.

II. Facts

The union is the exclusive representative of a unit of all non-professional General Schedule employees of the Respondent Naval Undersea Warfare Engineering Station who work at the Keyport, Bangor and Indian Island sites. By letter dated April 10, 1986, the Union requested the names and home addresses of all bargaining unit employees. By letter dated April 16, 1986, the Respondent denied the request. 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; and do not constitute guidance, advice, counsel or training provided to management officials or supervisors relating to collective bargaining.

III. Positions of the Parties

The Respondent contends that disclosure of the home addresses of the bargaining unit employees to the Union is prohibited by law. Further, the Respondent contends that neither the Union nor the General Counsel established that the information was relevant and necessary to the Union's representational duties. The Respondent maintains that at the time of its refusal to furnish the information, it had no reason to conclude that its conduct was not consistent with law. For those reasons, the Respondent contends that it did not commit an unfair labor practice.

The General Counsel argues that this case is controlled by the Authority's decision on remand in Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA No. 101 (1986) (FHAFO), petition for review filed sub nom. No. 101 (1986) (FHAFO), petition for review filed sub nom. U.S. Department of Agriculture and Farmers Home Administration Finance Office, St. Louis, Missouri v. FLRA, No. 86.2779 (8th Cir. Dec. 23, 1986), in which the Authority concluded, in circumstances virtually identical to this case, that section 7114(b)(4) of the Statute entitled the exclusive representative to the names and home addresses of employees in the bargaining unit. The General Counsel contends that the Respondent's failure and refusal to provide the employees' names and home addresses to the Union in this case constitutes a refusal to comply with section 7114(b)(4) and a violation of section 7116(a)(1), (5) and (8) of the Statute.

IV. Analysis

The Respondent correctly notes that, at the time the Union requested the home addresses of the employees it represented, Authority case law held that disclosure of the information was prohibited by law. However, the Authority decides unfair labor practices cases based on the case law as it exists at the time the case is decided. Department of the Navy, Mare Island Naval Shipyard, Vallejo, California, 26 FLRA No. 57 (1987). Therefore, whether the Respondent's refusal to provide the Union with the home addresses of bargaining unit employees constituted an unfair labor practice must be determined under current case law.

In our Decision and Order on Remand in FHAFO, we 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 is generally required without regard to whether alternate means of communication are available. Based on our decision on remand in FHAFO, we conclude that the Respondent's refusal to provide the Union with the names and home addresses sought in this case violates section 7116(a)(1), (5) and (8) of the Statute.

ORDER

Pursuant to section 2423.29 of the Rules and Regulations of the Authority and section 7118 of the Federal Service Labor-Management Relations Statute, the Department of the Navy, Naval Undersea Warfare Enginerring Station, Keyport, Washington, shall:

1. Cease and disist from:

(a) Refusing to furnish, upon request by the International Association of Machinists and Aerospace Workers, Local Lodge 282, AFL-CIO, the exclusive representative of a bargaining unit of its employees, the names and home addresses of all employees in the bargaining unit.

(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 actions in order to effectuate the
   purposes and policies of the Statute:

(a) Furnish the International Association of Machinists and Aerospace Workers, Local Lodge 282, AFL-CIO, the exclusive representative of a bargaining unit of its employees, the names and home addresses of all employees in the unit.

(b) Post at its facilities 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 Respondent's Commander, 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 IX, 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., April 8,
1987.
/s/ Jerry L. Calhoun
Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier, III
Henry B. Frazier III, Member
/s/ Jean McKee
Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY

NOTICE TO ALL EMPLOYEES

PURSUANT TO A DECISION AND ORDER OF THE FEDERAL LABOR RELATIONS AUTHORITY AND IN ORDER TO EFFECTUATE THE POLICIES OF CHAPTER 71 OF TITLE 5 OF THE UNITED STATES CODE

FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE

WE HEREBY NOTIFY OUR EMPLOYEES THAT:

WE WILL NOT refuse to furnish, upon request by the International Association of Machinists and Aerospace Workers, Local Lodge 282, AFL-CIO, the exclusive representative of a bargaining unit of our employees, the names and home addresses of all employees in the bargaining unit.

WE WILL NOT in any like or related manner, interfere with, restrain or coerce our employees in the exercise of their rights assured by the Federal Service Labor-Management Relations Statute.

WE WILL furnish the International Association of Machinists and Aerospace Workers, Local Lodge 282, AFL-CIO, the exclusive representative of a bargaining unit of our employees, the names and home addresses of all the employees in the bargaining unit. (Activity)

Dated: . . . By: . . . (Signature)

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 any of its provisions, they may communicate directly with the Regional Director of the Federal Labor Relations Authority, Region IX, whose address is: 901 Market Street, Suite 220, San Francisco, California 94103 and whose telephone number is: (415) 995-5000.