Department of the Navy, Mare Island Naval Shipyard and International Federation of Professional and Technical Engineers, Local 11 (Authority decision, April 21, 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 General Schedule employees at Mare Island Naval Shipyard requested bargaining unit employees’ names and home addresses. The shipyard refused, arguing that privacy law barred disclosure and disputing the Authority’s earlier ruling on this issue. Applying that earlier ruling, the Authority found that the requested information was necessary for union representation and that release was not prohibited by law. It also found the shipyard had not substantiated a claimed personnel manual restriction. The Authority found unfair labor practices and 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; shipyard ordered to provide names and addresses and post a notice.
• Key point: The shipyard’s privacy objection did not defeat the union’s information request under the Authority’s ruling in this case.

Full text (FLRA public release)

[ v26 p625 ]

26:0625(78)CA

The decision of the Authority follows:

26 FLRA No. 78

DEPARTMENT OF THE NAVY
MARE ISLAND NAVAL SHIPYARD
VALLEJO, CALIFORNIA
Respondent

and

INTERNATIONAL FEDERATION OF
PROFESSIONAL AND TECHNICAL
ENGINEERS, LOCAL 11
Changing Party

Case No. 9-CA-70006

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 upon a stipulation entered into by the Respondent, the Charging Party and the General Counsel. The issue is whether the Respondent violated section 7116(a)(1), (5) and (8) of the Federal Service Labor-Management Relations Statute (the Statute) by refusing to provide the Charging Party (the Union), the exclusive representative of a unit of the Respondent's employees, with the names and home addresses of those unit employees as requested by the Union.

II. Background

The Union is the exclusive representative of a unit of all General Schedule employees of the Respondent. By letter dated May 21, 1986, the Union requested the names and home addresses of all bargaining unit employees. By letter dated June 25, 1986, the Respondent denied the Union's 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 a complaint should not have been issued in this case because at that time the "overwhelming case law" of the Authority held that the disclosure of the home addresses of employees was prohibited by the Privacy Act. Further, the Respondent argues that while it appears that 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. U.S. Department of Agriculture and the Farmers Home Administration Finance Office, St. Louis, Missouri v. FLRA, No. 86-2779 (8th Cir. Dec. 23, 1986) is controlling, the Respondent disagrees with the Authority's rationale in that decision and contends that the Authority erred in reversing its prior holdings. The Respondent asserts that release of the information requested by the Union is prohibited by law. In support of its assertion, the Respondent maintains that disclosure of employees' home addresses constitutes a clearly unwarranted invasion of the employees' privacy and, therefore, under the Privacy Act, the Freedom of Information Act and Federal Personnel Manual (FPM) chapter 294, appendix C, the information may not be disclosed.

The General Counsel contends that this case is controlled by the Authority's decision on remand in FHAFO in which the Authority concluded, in circumstances virtually identical to this case, that section 7114(b)(4) of the Statute entitled the Charging Party to the names and home addresses of employees in the bargaining unit. The General Counsel argues that in light of the Authority's decision on remand in FHAFO, 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

In our Decision and Order on Remand in FHAFO, we concluded that the release of names and home addresses of bargaining unit employees to the exclusive representatives of those employees is not prohibited by law, is necesssary for unions to fulfill their duties under the Statute, and meets all of the other requirements established by section 7114(b) (4). We also determined that the release of the information is generally required without regard to whether alternative means of communication are available. Based on our decision on remand in FHAFO, we reject the Respondent's assertion in this case that disclosure of the home addresses of bargaining unit employees to the Union is prohibited by law and find that the Respondent was required to provide the information under section 7114(b)(4). Further in that regard, as to the Respondent's assertion that under FPM chapter 294, appendix C, the information should not be released, the Respondent did not provide a copy of the provision on which it relied and our examination of FPM chapter 294 discloses that there is no such provision. Accordingly, the Respondent has failed to substantiate its claim. Accordingly, we conclude that the Respondent's refusal to provide the Union with the requested information violated section 7116(a)(1), (5) and (8) of the Statute.

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, Mare Island Naval Shipyard, Vallejo, California shall:

1. Case and desist from:

(a) Refusing to furnish, upon request by the International Federation of Professional and Technical Engineers, Local 11, the exclusive representative of a unit of its employees, the names and home addresses of all employees in the bargain 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 action in order to

effecuate the purposes and policies of the Statute:

(a) Furnish the International Federation of Professional and Technical Engineers, Local 11, the exclusive representative of a unit of its employees, with the names and home addresses of employees in the bargaining unit.

(b) Post at all its facilities where bargaining unit employees represented by the International Federation of Professional and Technical Engineers, Local 11 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 of the Mare Island Naval Shipyard, Vallejo, California and shall be posted and maintained for 60 consecutive days thereafter, in conspicous 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 21, 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 RDER OF THE FEDERAL LABOR RELATIONS AUTHORITY AND TO EFFECTUATE THE POLICIES OF CHAPTER 71 OF TITLE 5 OF THE UNITED STATES CODE

FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE

WE NOTIFY OUR EMPLOYEES THAT:

WE WILL NOT refuse to furnish, upon request of the International Federation of Professional and Technical Engineers, Local 11, the exclusive representative of a bargaining unit of our employees, the names and home addresses of all employees in the unit.

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 Federal Service Labor-Management Relations Statute.

WE WILL furnish the International Federation of Professional and Technical Engineers, Local 11, the exclusive representative of a bargaining unit of our employees, with the names and home addresses of all employees in the 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 provisons, 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 94103-9991 and whose telephone number is: (415) 995-5000.