Department of the Air Force, 21st Combat Support Group, Elmendorf Air Force Base and American Federation of Government Employees, Local 1668 (Authority decision, April 14, 1988)

Final FLRA decision. The Authority finds unfair labor practices in the base's refusal to provide the union with unit employees' names and home addresses and orders disclosure and a notice. 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

AFGE Local 1668 requested the names and home addresses of employees in its bargaining unit at Elmendorf Air Force Base. The base refused, citing privacy concerns and arguing that it lacked a single record with all the requested information. The Authority found that its disclosure precedent applied even though the information had to be assembled from records. It held that the refusal violated the federal labor statute and ordered the base to provide the information and post a notice.

Decision snapshot

• Authority: 5 U.S.C. §§ 7114(b)(4) and 7116(a)(1), (5), and (8).
• Outcome: Unfair labor practices found; disclosure and notice ordered.
• Key point: The absence of a single existing list did not excuse the base from furnishing the requested employee information.

Full text (FLRA public release)

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31:1155(97)CA

The decision of the Authority follows:

31 FLRA No. 97

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 21st COMBAT SUPPORT GROUP (AAC)
ELMENDORF AIR FORCE BASE, ALASKA

Respondent

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1668, AFL-CIO

Charging Party

Case No. 9-CA-70308

DECISION AND ORDER

I. Statement of the Case

This unfair labor practice case is before the Authority under section 2429.1(a) of the Authority's Rules and Regulations, based on the parties' stipulation of facts. The complaint alleges that the Department of the Air Force, Headquarters 21st Combat Support Group (AAC), Elmendorf Air Force Base, Alaska (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 American Federation of Government Employees, Local 1668, AFL - CIO (the Union), the exclusive representative of a unit of the Respondent's employees, with the names and home addresses of those employees. For the reasons stated below, we find that the Respondent committed the unfair labor practices as alleged.

II. Facts

The Union is the exclusive representative of a unit of the Respondent's employees. By letter dated March 2, 1987, the Union requested that the Respondent provide it with the names and home addresses of all unit employees. By letter dated June 27, 1987, the Respondent refused to furnish the Union with the information requested. [PAGE]

The parties stipulated that there is no single record, automatic or manual, which identifies bargaining unit status, names and home addresses of the employees in the unit. The parties also stipulated that the information requested does not constitute guidance, advice, counsel or training provided for management officials or supervisors relating to collective bargaining.

III. Positions of the Parties

The Respondent argues that the release of the names and home addresses of employees is precluded 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 788 (1986) (Farmers Home), 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), in which the Authority concluded 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 Respondent asserts that the requirements of section 7114(b)(4) of the Statute are not met here. Specifically, the Respondent argues that the records are not normally maintained in the regular course of business because: (1) names and home addresses are in various records which are not identified by bargaining unit status; and (2) there is no automated record at the Respondent's facility which contains the names, home addresses, and bargaining unit status of the employees. The Respondent concedes that a list could be established by creating a computer program or could be created manually. Because such a list would have to be created, the Respondent argues that the data are not "reasonably available" as required by section 7114(b)(4)(B).

The General Counsel argues that the Authority's decision on remand in Farmers Home and the subsequent cases relying on Farmers Home are dispositive of the issues in this case. The General Counsel contends that the Respondent's failure to furnish the Union with names and home addresses of unit employees violates section 7116(a)(1), (5), and (8) of the Statute.

IV. Analysis and Conclusion

The arguments made by the Respondent are similar to the arguments asserted by the agency in Farmers Home. In the Authority's decision and order on remand in Farmers Home, the Authority concluded that the release of the names and home addresses of bargaining unit employees to their exclusive [ v31 p2 ] 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.

The Authority's decision in Farmers Home analyzed the two exceptions to the Privacy Act's bar to disclosure of personal information pertinent to the release of employees' names and home addresses: exception (b)(2), concerning the Freedom of Information Act; and exception (b)(3), relating to "routine use" of information. The Authority found that both exceptions to the Privacy Act's bar applied so as to authorize release of the information under the Privacy Act.

The Respondent argues that the requested information is not normally maintained and reasonably available. We find, contrary to the Respondent's position, that the information is maintained in the regular course of business in the employees' Official Personnel Folder, the Supervisor's Employee Brief, the "Personnel Data System - Civilian," and the civilian payroll system. We, therefore, find no merit in the Respondent's argument that the information is not normally maintained or reasonably available. Air Force Contract Management Division, Detachment 12, Air Force Representative Office, Canoga Park, California, 30 FLRA 313 (1987).

Therefore, based on the parties' stipulation and the Authority's decision on remand in farmers Home, we find that the Respondent was required to furnish the Union with the names and home addresses of employees in the bargaining units it represents. The Respondent's refusal to do so violated section 7116(a)(1), (5), and (8) of the Statute. See United States Department of the Navy and Philadelphia Naval Shipyard v. FLRA, No. 87-3005 (ed Cir. Mar. 2, 1988), enforcing Philadelphia Naval Shipyard, 24 FLRA 37 (1986). See also 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). [ v31 p3 ]

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 Air Force, Headquarters 21st Combat Support Group (AAC) Elmendorf Air Force Base, Alaska shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the American Federation of Government Employees, Local 1668, AFL - CIO, the exclusive representative of certain of its employees, the names and home addresses of all employees in the bargaining unit 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 American Federation of Government Employees, Local 1668, AFL

• CIO, with the names and home addresses of all employees in the bargaining unit
  it represents.

(b) Post at its facilities where bargaining unit employees represented by the American Federation of Government Employees, Local 1668, AFL - CIO, 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, Region IX, Federal Labor Relations Authority, in writing, within 30 [ v31 p4 ] days from the date of this Order as to what steps have been taken to comply.

Issued, Washington, D.C., April 14, 1988

Jerry L. Calhoun, Chairman

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY

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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, Local 1668, AFL - CIO, the exclusive representative of certain of our employees, the names and home addresses of all employees in the bargaining unit 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 American Federation of Government Employees, Local 1668, AFL - CIO, with the names and home addresses of all employees in the bargaining unit 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 IX, Federal Labor Relations Authority, whose address is: 901 Market Street, Suite 220, San Francisco, CA 94103, and whose telephone number is: (415) 995-5000.
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