Department of Veterans Affairs Medical Center, Coatesville and National Association of Government Employees, Local R3-35 (Authority decision, January 26, 1993)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority resolving an unfair labor practice case. 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

NAGE Local R3-35 requested the names and home addresses of bargaining unit employees at the Coatesville VA medical center. The center refused, and an administrative law judge found that refusal to be an unfair labor practice. The VA challenged the judge's decision. The Authority affirmed the findings under its existing precedent and ordered the center to provide the information on request and post a notice to employees. The decision also describes conflicting appeals court rulings on similar disclosure orders.

Decision snapshot

• Authority: Information request under 5 U.S.C. § 7114(b)(4); unfair labor practices under § 7116(a)(1), (5), and (8).
• Outcome: Judge's unfair labor practice findings affirmed; VA ordered to furnish the information and post a notice.
• Key point: The Authority adhered to its ruling that an exclusive representative may obtain requested bargaining unit names and home addresses.

Full text (FLRA public release)

[ v46 p1254 ]
46:1254(116)CA

The decision of the Authority follows:

46 FLRA No. 116

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER

COATESVILLE, PENNSYLVANIA

(Respondent/Agency)

and

NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES

LOCAL R3-35

(Charging Party/Union)

BP-CA-20525

_____

DECISION AND ORDER

January 26, 1993

_____

Before Chairman McKee and Members Talkin and
Armendariz.

I. Statement of the Case

The Administrative Law Judge issued the attached decision in the above-entitled proceeding finding 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 furnish the Charging Party with the requested names and home addresses of bargaining unit employees represented by the Charging Party. The Judge granted the General Counsel's motion for summary judgment and recommended that the Respondent be ordered to take appropriate remedial action. The Respondent filed exceptions to the Judge's decision. The General Counsel did not file an opposition to the Respondent's exceptions.

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, we have reviewed the rulings of the Judge and find that no prejudicial error was committed. The rulings are hereby affirmed. Upon consideration of the Judge's decision, the exceptions, the opposition, and the entire record, we adopt the Judge's findings, conclusions, and recommended Order for the reasons fully set forth in U.S. Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire, 37 FLRA 515 (1990) (Portsmouth Naval Shipyard), enforcement denied, 941 F.2d 49 (1st Cir. 1991), as modified by our decision in Department of Veterans Affairs, Medical and Regional Office Center, Fargo, North Dakota, 46 FLRA No. 115 (1993).(*)

II. 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 Veterans Affairs Medical Center, Coatesville, Pennsylvania, shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the National Association of Government Employees, Local R3-35, the exclusive representative of certain of its employees, the requested 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 their rights assured by the Statute.

2. Take the following affirmative action in order to effectuate the
   purposes and policies of the Statute:

(a) Upon request, furnish the National Association of Government Employees, AFL-CIO, the exclusive representative of certain of its employees, the names and home addresses of employees in the bargaining unit it represents.

(b) Post at its facilities where bargaining unit employees represented by the National Association of Government Employees, Local R3-35 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 Director of the Medical Center, and shall be posted in conspicuous places, including 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, Boston Regional Office, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order as to what steps have been taken to comply.

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 National Association of Government Employees, Local R3-35, 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 by the Federal Service Labor-Management Relations Statute.

WE WILL furnish, upon request of the National Association of Government Employees, Local R3-35, the exclusive representative of certain of our employees, 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, Boston Regional Office, Federal Labor Relations Authority whose address is: 10 Causeway Street, Room 1017A, Boston, MA 02222-1046, and whose telephone number is: (617) 565-7280.

FOOTNOTES:
(If blank, the decision does not
have footnotes.)

*/ Authority decisions based on
Portsmouth Naval Shipyard have been enforced in United States Courts of Appeals for the Third, Fifth, and Ninth Circuits. FLRA v. United States Department of the Navy, Navy Ships Parts Control Center, 966 F.2d 747 (3d Cir. 1992) (en banc); FLRA v. United States Department of Defense, Department of the Navy, Washington, D.C., 975 F.2d 1105 (5th Cir. 1992), petition for cert. filed, -- U.S.L.W. -- (U.S. Jan. 21, 1993) (No. 92-1223); FLRA v. United States Department of the Navy, Navy Resale and Services Support Office, Field Support Office, Auburn, Washington, 958 F.2d 1490 (9th Cir. 1992) (petition for rehearing and suggestion for rehearing en banc pending). A panel for the Court of Appeals for the Fourth Circuit also enforced a decision based on Portsmouth Naval Shipyard; the court subsequently vacated the panel's decision and granted a petition for rehearing en banc. FLRA v. United States Department of Commerce, National Oceanic and Atmospheric Administration, National Ocean Service, 954 F.2d 994 (4th Cir. 1992), vacated, petition for reh'g en banc granted (4th Cir. Apr. 22, 1992). However, applications for enforcement of such decisions were denied by United States Courts of Appeals for the Second, Sixth, Seventh, and Tenth Circuits. FLRA v. United States Department of Veterans Affairs, Washington, D.C. and United States Department of Veterans Affairs Medical Center, Newington, Connecticut, 958 F.2d 503 (2d Cir. 1992); FLRA v. Department of the Navy, Naval Resale Activity, Naval Air Station-Memphis, Millington, Tennessee, 963 F.2d 124 (6th Cir. 1992); FLRA v. United States Department of the Navy, Navy Exchange, Naval Training Station, Naval Hospital, Great Lakes, Illinois, 975 F.2d 348 (7th Cir. 1992); FLRA v. United States Department of Defense, Army and Air Exchange Service, Dallas, Texas, No. 90-9561 (10th Cir. Jan. 20, 1993). We respectfully adhere to our determination in Portsmouth Naval Shipyard that agencies are required to provide exclusive representatives with requested names and home addresses of bargaining unit employees pursuant to section 7114(b)(4) of the Statute.