Navy Naval Air Station Moffett Field and NFFE Local 759 (Authority decision, July 16, 1987)

Final FLRA decision. The Authority finds that the Navy committed unfair labor practices by refusing to furnish the exclusive representative requested employee names and home addresses, and orders disclosure and a posted notice. An aggrieved person may seek judicial review of a final Authority order by petitioning 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 order unless the court orders a stay under § 7123(c).

Plain-English summary

NFFE Local 759 asked Naval Air Station Moffett Field for the names and home addresses of employees in its bargaining unit. The Navy refused, citing the Privacy Act and an older Federal Personnel Manual appendix that it said discouraged disclosure. The parties agreed that the information was normally kept and reasonably available. Applying its Farmers Home ruling, the Authority held that disclosure to the exclusive representative was required and not prohibited by law. It also found that the manual appendix the Navy cited had been deleted in 1985, then ordered the Navy to furnish the list and post a notice.

Decision snapshot

• Authority: Agency data duty under 5 U.S.C. § 7114(b)(4).
• Outcome: Unfair labor practices found; unit names and addresses and a posted notice ordered.
• Key point: The Navy's cited privacy guidance had been deleted and did not excuse its refusal under the Authority's precedent.

Full text (FLRA public release)

[ v28 p35 ]

28:0035(10)CA

The decision of the Authority follows:

28 FLRA No. 10

DEPARTMENT OF THE NAVY
NAVAL AIR STATION
MOFFETT FIELD, CALIFORNIA

Respondent

and

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 759, INDEPENDENT

Charging Party

Case No. 9-CA-70091

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 parties. 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 employees as requested by the Union.

II. Background

The Union is the exclusive representative of a unit of the Respondent's employees. By letter dated November 20, 1986, the Union requested that the Respondent provide it with the names and home addresses of all the bargaining unit employees. By letter dated November 25, 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. [PAGE]

III. Positions of the Parties

The Respondent contends that the disclosure of the home addresses of employees is prohibited by the Privacy Act. The Respondent disagrees with the Authority's Decision on Remand in Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA No. 101 (1986) (Farmers Home), petition for review filed sub nom. U.S. Department of Agriculture and the Farmers Home Administration Finance Office, St. Louis, Missouri v. FLRA, No. 86-2579 (8th Cir. Dec. 23, 1986). The Respondent argues that it was "disconcerting" that the Authority in its decision did not give greater consideration to the potential abuse assertedly inherent in the disclosure of employees' home addresses to an exclusive representative. Finally, the Respondent argues that the Authority ignored Federal Personnel Manual (FPM) Chapter 294, Appendix C, which assertedly provides that labor organizations should not be furnished with employees' home addresses since such disclosure would be an unwarranted intrusion into an employee's personal privacy.

The General Counsel contends that this case is con-trolled by the Authority's Decision on Remand in Farmers Home. Consequently, the General Counsel argues that the Respondent's failure and refusal to provide the employees' names and home addresses to the Union constitutes a refusal to comply with section 7114(b)(4) of the Statute and a violation of section 7116(a)(1), (5) and (8).

IV. Analysis and Conclusion

In our Decision and Order on Remand in Farmers Home, we concluded that the release of names and home addresses of bargaining unit employees to the exclusive representative of those employees 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). 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 in Farmers Home, we reject the Respondent's assertions in this case that the disclosure of the home addresses of bargaining unit employees to the Union is prohibited by law and find that the Respondent was required to release the information under section 7114(b)(4). Further, as to the Respondent's assertion concerning FPM Chapter 294, Appendix C, this Appendix was deleted on March 12, 1985, when Chapter 294 was revised. The revised Chapter contains no statement similar to that which was contained in Appendix C and on which the Respondent relies. Therefore, we conclude [ v28 p2 ] 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, Naval Air Station, Moffett Field, California shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the National Federation of Federal Employees, Local 759, Independent, the exclusive representative of a bargaining unit of its employees, the names and home addresses of all employees in the 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 effectuate the purposes
   and policies of the Statute:

(a) Furnish the National Federation of Federal Employees, Local 759, Independent, 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 where bargaining unit employees represented by the National Federation of Federal Employees, Local 759, Independent 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 Naval Air Station, Moffett Field, California and shall be posted and maintained for 60 consecutive days thereafter, in conspicuous places, including all bulletin boards and 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. [ v28 p3 ]

(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 herewith.

Issued, Washington, D.C., July 16, 1987.

Jerry L. Calhoun, Chairman

Henry B. Frazier, Member

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY [ v28 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 or fail to furnish, upon request, of the National Federation of Federal Employees, Local 759, Independent, the exclusive representative of a bargaining unit of our employees, the names and home addresses of all bargaining unit employees.

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 upon request by the National Federation of Federal Employees, Local 759, Independent, the exclusive representative of a bargaining unit of our employees, furnish it with the names and home addresses of all employees in the unit.

________
(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 IX, Federal Labor Relations Authority, whose address is: 901 Market Street, Suite 220, San Francisco, California 94103-9991 and whose telephone number is: (415) 995-5000. [PAGE]