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26:0474(57)CA
The decision of the Authority follows:
26 FLRA No. 57
DEPARTMENT OF THE NAVY
MARE ISLAND NAVAL SHIPYARD
VALLEJO, CALIFORNIA
Respondent
and
FEDERAL EMPLOYEES METAL
TRADES COUNCIL
Charging Party
Case No. 9-CA-60313
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. Briefs for our
consideration were filed by the Respondent and the General Counsel.
The complaint alleges that the Department of the Navy, Mare Island
Naval Shipyard, Vallejo, California (Respondent) violated section
7116(a)(1), (5) and (8) of the Federal Service Labor-Management
Relations Statute (the Statute) by refusing a request, made pursuant to
section 7114(b)(4) of the Statute, to provide the Federal Employees
Metal Trades Council (the Union) with the names and home addresses of
wage grade employees at the Respondent's Mare Island Naval Shipyard who
are in a unit represented exclusively by the Union. We conclude that
the Respondent vioalted the Statute as alleged.
II. Facts of the Case
The Union is the exclusive representative of a unit of approximately
6,000 wage grade employees of the Respondent, approximately half of whom
are members of the Union. The Union requested the names and home
addresses of the unit employees in writing on May 1, June 10 and June
24, 1986. On June 25, the Respondent denied the requests.
III. Positions of the Parties
The Respondent argues that a complaint should not have been issued
because at the time the "overwhelming case law" of the Authority
prohibited disclosure of home addresses of unit employees. The
Respondent further asserts that the General Counsel should have followed
FLRA precedent and not court decisions. The Respondent also asserts
that disclosure of employees' home addresses is an unwarranted invasion
of privacy and is therefore prohibited by law.
The General Counsel's position is that our decision on remand in
Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA
No. 101 (October 31, 1986), petition for review filed sub nom. U.S.
Department of Agriculture and the Farmers Home Administration Finance
Office, St. Louis, Missouri v. FLRA, No. 86-2779 (8th Cir. Dec. 23,
1986), is controlling in this case.
IV. Analysis and Conclusions
A. Timing of the Complaint
1. Discretion to Issue Complaints Under the Statute is Vested in the
General Counsel
Sections 7104(f)(2)(A) and (B), and 7118(a)(1) of the Statute provide
that the General Counsel may investigate alleged unfair labor practices
and file and prosecute complaints. We will not review the adequacy of a
precomplaint investigation in an unfair practice proceeding but rather
will resolve the merits of a complaint once it reaches us. See Delaware
Army and Air National Guard, 16 FLRA 398 (1984). Thus we will not
address the Respondent's argument that the General Counsel should not
have issued a complaint in this case.
2. The Authority Will Decide the Merits Based on Current Law
The Respondent correctly notes that at the time it denied the Union's
requests for home addresses, our case law held that the Privacy Act
prohibited disclosure. However, we decide an unfair labor practice
complaint based on the state of the law at the time the case is before
us. See Director of Administration, Headquarters, U.S. Air Force, 17
FLRA 372 (1985). Therefore, whether the refusal to provide the Union
with the home addresses of unit employees was an unfair labor practice
must be determined under current case law.
B. Home Addresses of Unit Employees Should Be Released to the
Exclusive Representative
In our Decision and Order on Remand in FHAFO, we concluded that the
release of the names and home addresses of bargaining unit employees to
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). We also
determined that the release of the information is generally required
without regard to whether alternative means of communication are
available. The complaint based upon the stipulated record in this case
was issued on September 19, 1986, before our decision on remand in FHAFO
issued. The briefs of both parties were submitted in February 1987, and
take into account our decision in FHAFO.
Based upon our decision on remand in FHAFO and for the reasons stated
more fully in that decision, we reject the Respondent's assertion that
disclosure of the information sought is prohibited by law and conclude
that the Respondent's refusal to provide the Union with the home
addresses of bargaining unit employees constituted a violation of
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, Mare Island Naval Shipyard,
Vallejo, California, shall:
1. Cease and desist from:
(a) Refusing to furnish, upon request of the Federal Employees
Metal Trades Council, the exclusive representative of a unit 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) Upon request by the Federal Employees Metal Trades Council,
the exclusive representative of a unit of its employees, furnish
it with the names and home addresses of all employees in the
bargaining unit it represents.
(b) Post at all its Mare Island Naval Shipyard facilities
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 Mare Island
Naval Shipyard, Vallejo, California, and shall be posted and
maintained for 60 consecutive days thereafter, in conspicuous
places, including all bulletin boards and other places where
notices to employees are customarily posted. Reasonable steps
shall be taken to insure 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., March 31, 1987.
/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
/s/ Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY
NOTICE TO ALL EMPLOYEES AS ORDERED BY 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 Federal Employees
Metal Trades Council, the exclusive representative of a unit 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 the rights assured them by
the Federal Service Labor-Management Relations Statute.
WE WILL, upon request by the Federal Employees Metal Trades Council
the exclusive representative of our a unit of employees, furnish it 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.