Department of the Navy, Pearl Harbor Naval Shipyard and Hawaii Federal Employees Metal Trades Council (Authority decision, August 21, 1987)

Final FLRA decision. The Authority finds that Pearl Harbor Naval Shipyard unlawfully refused to provide the Hawaii Federal Employees Metal Trades Council names and home addresses of employees in its two bargaining units. It orders disclosure upon request and an employee 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

The Hawaii Federal Employees Metal Trades Council sought names and home addresses of employees it represented in two units at Pearl Harbor Naval Shipyard. The shipyard refused, citing privacy law, possible misuse, and other ways the union could reach workers. The Authority applied its Farmers Home decision and held that the information had to be furnished. It also rejected the shipyard's reliance on a personnel manual appendix that had been deleted. The order requires disclosure upon request and a posted notice.

Decision snapshot

• Authority: Information disclosure under 5 U.S.C. § 7114(b)(4); unfair labor practices under § 7116(a)(1), (5), and (8).
• Outcome: Unfair labor practice found; disclosure for both units and notice ordered.
• Key point: The shipyard's privacy and alternate-contact objections did not excuse withholding the employee information.

Full text (FLRA public release)

[ v28 p695 ]

28:0695(87)CA

The decision of the Authority follows:

28 FLRA No. 87

DEPARTMENT OF THE NAVY
PEARL HARBOR NAVAL SHIPYARD
PEARL HARBOR, HAWAII

Respondent

and

HAWAII FEDERAL EMPLOYEES METAL
TRADES COUNCIL, AFL-CIO

Charging Party

Case No. 98-CA-70294

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.

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 Hawaii Federal Employees Metal Trades Council, AFL - CIO (the Charging Party), with the names and home addresses of bargaining unit employees located at the Pearl Harbor Naval Shipyard in Pearl Harbor, Hawaii.

II. Facts

The Hawaii Federal Employees Metal Trades Council, AFL - CIO is the exclusive representative in Unit One composed of all nonsupervisory graded and ungraded employees of the Pearl Harbor Naval Shipyard and Unit Two, composed of all graded (Classification Act) employees at the Pearl Harbor Naval Shipyard. By a series of letters, the Charging Party requested that the Respondent furnish it with the names and home addresses of all Unit One and Unit Two employees. By letter dated December 15, 1986, the Respondent refused to furnish the information requested. The parties stipulated [PAGE] 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 the routine disclosure of the names and home addresses of employees requested by the Charging Party is prohibited by the Privacy Act, 5 U.S.C. 552a and that the Charging Party's request must be subjected to a balancing test. The Respondent contends that the balancing test would not be met because the General Counsel has provided no evidence that (1) there are no alternative means of communicating with employees, (2) the Charging Party does not currently communicate effectively with unit employees, or (3) the Charging Party requires names and home addresses for discussion and negotiation of subjects within the scope of collective bargaining. The Respondent also contends that there is no guarantee that the information requested by the Charging Party will not be misused. The Respondent maintains that the Authority erred in its decision on remand in Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA No. 101 (1986) (Farmers Home), petition for review filed sub non. 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 the Authority completely ignored the Federal Personnel Manual, 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 argues that the Authority's decision on remand in Farmers Home, 23 FLRA No. 101, 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, is dispositive of the issue in this case. The General Counsel contends that the Respondent's admitted failure to furnish the employees' names and home addresses constitutes a clear violation of section 7116(a)(1), (5), and (8) of the Statute.

IV. Analysis and Conclusion

In our Decision and Order on Remand in Farmers Home, we concluded that the release of the names and home addresses of bargaining unit employees to their exclusive representatives [ v28 p2 ] 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. Further, from the parties' stipulation, it is evident that the other requirements of section 7114(b)(4)(A), (B), and (C) have been met in this case. Finally, we reject the Respondent's assertion concerning the Federal Personnel Manual, Chapter 294, Appendix C, for the reasons stated in Department of the Navy, Naval Air Station, Moffett Field, California, 28 FLRA No. 10 (1987). As we noted in that decision, Appendix C was deleted on March 12, 1985 when Chapter 294 was revised, and the revised Chapter contains no statement similar to that which was contained in Appendix C.

Based on the parties' stipulation and our decision on remand in Farmers Home, we find that the Respondent was required to furnish the Charging Party with the names and home addresses of employees in the bargaining units. Its refusal to do so 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, Pearl Harbor Naval Shipyard, Pearl Harbor, Hawaii, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the Hawaii Federal Employees Metal Trades Council, AFL - CIO, the exclusive representative of its employees, the names and home addresses of all employees in the bargaining units 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 actions in order to effectuate the purposes
   and policies of the Statute:

(a) Upon request of the Hawaii Federal Employees Metal Trades Council, AFL - CIO, the exclusive representative of its employees, furnish it with the names and home [ v28 p3 ] addresses of all bargaining unit employees in Unit One and Unit Two of the Pearl Harbor Naval Shipyard at Pearl Harbor, Hawaii.

(b) Post at the Pearl Harbor Naval Shipyard 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 Commander of the Pearl Harbor. Naval Shipyard 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 days from the date of this Order as to what steps have been taken to comply.

Issued, Washington, D.C., August 21, 1987

Jerry L. Calhoun, Chairman

Henry B. Frazier III, 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 Hawaii Federal Employees Metal Trades Council, AFL - CIO, the exclusive representative of certain of our employees, the names and home addresses of all employees in the bargaining units 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, upon request of the Hawaii Federal Employees Metal Trades Council, AFL - CIO, the exclusive representative of bargaining units of certain of our employees, furnish it with the names and home addresses of all bargaining unit employees of the Pearl Harbor Naval Shipyard, Pearl Harbor, Hawaii.

_____
(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, and whose telephone number is: (415) 995-5000. [PAGE]