Pearl Harbor Naval Shipyard Restaurant System and Hawaii Federal Employees Metal Trades Council (Authority decision, March 22, 1988)

Final FLRA decision. The Authority finds that the restaurant system committed an unfair labor practice by refusing to provide employee names and home addresses to the exclusive representative. It orders disclosure and a posted 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 requested the names and home addresses of employees it represented at the Pearl Harbor Naval Shipyard Restaurant System. The restaurant system refused, arguing that an affiliated local administered the contract and should make any request, and raising privacy concerns. The Authority held that the Council remained the exclusive representative despite that arrangement and was entitled to the information under its existing disclosure precedent. It ordered the restaurant system to provide the information and post a notice for 60 days.

Decision snapshot

• Authority: 5 U.S.C. §§ 7114(b)(4), 7116(a)(1), (5), and (8), and 7118.
• Outcome: Unfair labor practice found; disclosure and notice ordered.
• Key point: Designating an affiliated local as contract administrator did not remove the exclusive representative's information rights.

Full text (FLRA public release)

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31:0907(69)CA

The decision of the Authority follows:

31 FLRA No. 69

U.S. DEPARTMENT OF THE NAVY
PEARL HARBOR NAVAL SHIPYARD
RESTAURANT SYSTEM
PEARL HARBOR, HAWAII

Respondent

and

HAWAII FEDERAL EMPLOYEES METAL
TRADES COUNCIL, AFL-CIO

Charging Party

Case No. 98-CA-70614

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 U.S. Department of the Navy, Pearl Harbor Naval Shipyard Restaurant System, Pearl Harbor, Hawaii (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 Council), 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 Council is the exclusive representative of a unit of the Respondent's employees. By letters dated February 20, 1987, and April 27, 1987, the Council requested that the Respondent provide it with the names and home addresses of all unit employees. By letter dated May 8, 1987, the [PAGE] Respondent refused to furnish the Council with the information requested.

The parties stipulated that the Service Employees' International Union, Local 556, AFL - CIO (SEIU), has been and is an affiliated local union of the Council and that SEIU has been designated as the contract administrator for the subject unit. The parties also stipulated that the names and home addresses of the employees are normally maintained by the Respondent in the regular course of business and do not constitute guidance, advice, counsel, or training for management officials or supervisors relating to collective bargaining.

III. Positions of the Parties

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,. No. 86-2579 (8th Cir. Jan. 15, 1988) petitions for rehearing filed, 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 argues that the decision is inconsistent with section 7114(b)(4) of the Statute and asserts that the Council did not demonstrate that it needed the information to communicate with the employees. The Respondent asserts that the Council designated SEIU as administrator for all representational matters pertaining to the bargaining unit. Therefore, the Council is the exclusive representative for the bargaining unit in name only because it does not perform representational functions for the unit. The Respondent also argues that "(b)ecause SEIU has performed all representation functions for the unit, no presumption of need for names and addresses by the Charging Party can be made." Respondent's Brief at 15. The Respondent further asserts that any requests, including the request for names and home addresses, should come from SEIU.

The Respondent contends that because employees who wish to refrain from forming, joining, or assisting a labor organization are protected under section 7102, the release of names and home addresses will cause those employees to be susceptible to compromise of their right to refrain from union activity. The Respondent also contends that the Authority's decision in Farmers Home is inconsistent with the Freedom of Information Act and the Privacy Act because it ignores the privacy interests of employees. [ v31 p2 ]

The General Counsel argues that the Authority's decision on remand in Farmers Home is controlling. The General Counsel further contends that while the Council has designated SEIU as the contract administrator, the Contract Administrator derives its authority to engage in representational functions from the Council.

IV. Analysis and Conclusion

In the Authority's decision on remand in Farmers Home, the Authority 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. The Authority also determined that the release of the information is generally required without regard to whether alternative means of communication are available.

We reject the Respondent's argument that the Council would not have a need for the names and home addresses because SEIU performs all representational functions for the bargaining unit. The Council is the exclusive representative for a unit of Respondent's employees. The fact that SEIU is the contract administrator does not relieve Respondent of its obligation to furnish the names and home addresses to the Council. Accordingly, based on our decision in Farmers Home and the parties' stipulation, we find that the Respondent was required to furnish the Council with the names and home addresses of employees in the bargaining unit. Its 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 (3d 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, No. 87-1143 (7th Cir. Jan. 27, 1988), petition for rehearing filed Mar. 16, 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), petition for rehearing filed Jan. 8, 1988, 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 U.S. Department of the Navy, Pearl Harbor Naval Shipyard Restaurant System, 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 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 Hawaii Federal Employees Metal Trades Council, 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 Hawaii Federal Employees Metal Trades Council, 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. March 22, 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 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 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 Hawaii Federal Employees Metal Trades Council, 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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