[ v26 p571 ]
26:0571(68)CA
The decision of the Authority follows:
26 FLRA No. 68
DEPARTMENT OF ENERGY
HEADQUARTERS OFFICE
Respondent
and
NATIONAL TREASURY EMPLOYEES
UNION
Charging Party
Case No. 3-CA-60385
DECISION AND ORDER
The Administrative Law Judge issued the attached Decision in the
above-entitled proceeding, granting the General Counsel's motion for
summary judgment and finding that the Respondent had engaged in the
unfair labor practices alleged in the complaint and recommending that
Respondent be ordered to take appropriate remedial action. Thereafter,
the Respondent filed exceptions to the Judge's Decision and a supporting
brief. No opposition to the exceptions was filed.
Pursuant to section 2423.29 of the Authority's Rules and Regulations
and section 7118 of the Federal Service Labor-Management Relations
Statute (the Statute), we have reviewed the rulings of the Judge made at
the hearing and find that no prejudicial error was committed. The
rulings are hereby affirmed. Upon consideration of the Judge's
Decision, the exceptions, and the entire record, we adopt the Judge's
findings, conclusions and recommended Order.
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 Energy, Headquarters Office shall:
1. Cease and desist from:
(a) Refusing to furnish, upon request of the National Treasury
Employees Union, the exclusive representative of a bargaining unit of
its employees, the names and home addresses of all employees in the
unit.
(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 National Treasury Employees Union, the exclusive
representative of a bargaining unit of its employees, the names and home
addresses of all employees in the unit.
(b) Post at Department of Energy, Headquarters Office, Washingtion,
D.C., 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 a senior official of the Department of Energy 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 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 III, 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, Washingtion, D.C., April 10, 1987.
/s/ Jerry L. Calhoun
Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III
Henry B. Frazier, Member
/s/ Jean McKee
Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY
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 HEREBY NOTIFY OUR EMPLOYEES THAT:
WE WILL NOT refuse to furnish, upon request of the National Treasury
Employees Union, the exclusive representative of a bargaining unit of
our employees, the names and home addresses of all employees in the
unit.
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 Statute.
WE WILL furnish the National Treasury Employees Union, the exclusive
representative of a bargaining unit of our employees, the names and home
addresses of all employees in the unit.
. . . (Agency)
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 III, Federal Labor Relations Authority, whose address
is: 1111 18th Street, N.W., 7th Floor (or P.O. Box 33758), Washington,
D.C. 20033-0758 and whose telephone number is: (202) 653-8500.
-------------------- ALJ$ DECISION FOLLOWS --------------------
Case No. 3-CA-60385
DEPARTMENT OF ENERGY, HEADQUARTERS OFFICE
Respondent
and
NATIONAL TREASURY EMPLOYEES UNION
Charging Party
Patricia Eanet Dratch, Esquire
For the General Counsel
Page Newton, Esquire
For the Respondent
Janice M. Rogers, Esquire
For the Charging Party
Before: BURTON S. STERNBURG
Administrative Law Judge
DECISION
Statement of the Case
This is a proceeding under the Federal Service Labor-Management
Relations Statute, Chapter 71 of Title 5 of the U.S. Code, 5 U.S.C.
Section 7101, et seq., and the Rules and Regulations issued thereunder.
Pursuant to a charge filed on June 17, 1986, by the National Treasury
Employees Union, (hereinafter called the Union or NTEU), a Complaint and
Notice of Hearing was issued on August 28, 1986, by the Regional
Director for Region III, Federal Labor Relations Authority, Washington,
D.C. The Complaint alleges that the Department of Energy, Headquarters
Office, (hereinafter called the Respondent or DOE), violated Sections
7116(a)(1), (5) and (8) of the Federal Service Labor-Management
Relations Statute, (hereinafter called the Statute), by failing and
refusing to furnish the Union the names and home addresses of all unit
employees within the bargaining unit.
A hearing was held in the captioned matter on November 26, 1986, in
Washingtion, D.C. At the commencement of the hearing the General
Counsel introduced the Complaint, Respondent's Answer thereto, and two
Joint Exhibits consisting of the Union's request for the names and
addresses of the bargaining unit employees and Respondent's refusal to
furnish same. Thereafter, on the basis of the foregoing documents, the
General Counsel moved for summary judgement. Thereafter, prior to
ruling on the motion, the undersigned administrative law judge requested
Respondent's position on the motion. Whereupon, Respondent's Counsel
took the position that Respondent was under no obligation to supply the
home addresses of the unit members because (1) the Union had alternative
means of communication with the employees available, (2) there were no
bargaining negotiations underway which would require union
communications with the unit employees and, (3) that disclosure of the
requested information would violate the provisions of the Privacy Act.
Respondent's offer of proof as to (1) and (2) was denied by the
undersigned administrative law judge on the ground that the Authority's
decision in Farmers Home Administration, Finance Office, St. Louis,
Missouri, 23 FLRA No. 101, made it clear that such considerations were
not valid reasons for denying a Union's request for the home addresses
of bargaining unit members. The parties were then informed that the
undersigned intended to, and would, grant the General Counsel's motion
for summary judgement.
The Respondent and the General Counsel submitted post-hearing briefs
on December 15 and 16, 1986, respectively.
Upon the basis of the above described record, and after consideration
of the post-hearing briefs, I make the following findings of fact,
conclusions and recommendations.
Findings of Fact
The Union is the exclusive certified representative of Respondent's
professional and nonprofessional employees employed in the Washington,
D.C. metropolitan area.
By letter dated April 10, 1986, the Union requested that Respondent
furnish it with the names and home addresses of all unit employees
within the bargaining unit.
The information, i.e. names and home addresses of bargaining unit
employees, is normally maintained by Respondent in the regular course of
business, is reasonably available, and does not constitute guidance,
counsel or training provided for management officials or supervisors
relating to collective bargaining.
By letter dated April 21, 1986, Respondent refused to furnish the
Union the names and home addresses of bargaining unit employees.
Discussion and Conclusions
The General Counsel takes the position that the Authority's decision
in Farmers Home Administration, Finance Office, St. Louis, Missouri,
supra, is dispositive of all Respondent's defenses and that summary
judgement is in order.
As noted above, Respondent takes the position that the Privacy Act of
1974, 5 U.S.C. 552a prohibits the release of the requested information,
that inasmuch as the parties were not engaged in collective bargaining
negotiations the Union was not entitled to the information and, finally,
that since the Union had alternate means of communication there was no
need for the requested information.
In agreement with the General Counsel I find that the Authority's
decision in Farmers Home Administration, Finance Office, St. Louis,
Missouri, supra, is dispositive of all Respondent's contentions and/or
defenses. Thus, the Authority held that release of the names and home
addresses of unit employees is not prohibited by the Privacy Act, that
regardless of the existence of alternative means of communication the
names and home addresses of unit employees should be supplied to the
Union on request, and, finally, that the exclusive representative need
not offer any explanation as to the reasons it seeks such information
since the Union's need "is so apparent and essentially related to the
nature of exclusive representation itself. . . " .
Accordingly, based primarily on the Authority's decision in Farmers
Home Administration, Finance Office, St. Louis, Missouri, supra, I find
that the Respondent's refusal to furnish the Union with the names and
home addresses of bargaining unit employees constituted a violation of
Sections 7116(a)(1), (5) and (8) of the Statute.
Having found that Respondent violated the Statute by refusing to
supply the Union the names and home addresses of the bargaining unit
employees, it is hereby recommended that the Authority adopt the
following order designed to effectuate the purposes and policies of the
Statute.
ORDER
Pursuant to Section 2423.29 of the Federal Labor Relations
Authority's Rules and Regulations and Section 7118 of the Federal
Service Labor-Management Relations Statute, 5 U.S.C. Section 7118, it is
ordered that the Department of Energy, Headquarters Office shall:
1. Cease and desist from:
(a) Refusing to furnish, upon request of the National Treasury
Employees Union, the exclusive representative of its employees,
the names and home addresses of all bargaining unit employees.
(b) In any like or related manner interfering with,
restraining, or coercing its employees in the exercise of their
rights assured by the Federal Service Labor-Management Relations
Statute.
2. Take the following affirmative action in order to effectuate the
purposes and policies of the Statute:
(a) Furnish the names and home addresses of all bargaining unit
employees as requested by the National Treasury Employees Union.
(b) Post at Department of Energy, Headquarters Office,
Washington, D.C. 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 a responsible official of
the Department of Energy 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 of Region III, Federal
Labor Relations Authority, 1111 - 18th Street, NW., Suite 700,
P.O. Box 33758, Washington, D.C. 20033-0758, in writing, within
30 days from the date of this Order, as to what steps have been
taken to comply herewith.
/s/ Burton S. Sternburg
Administrative Law Judge
Dated: December 17, 1986
Washington, D.C.
APPENDIX
NOTICE TO ALL EMPLOYEES PURSUANT TO A DECISION AND ORDER OF
THE FEDERAL
LABOR RELATIONS AUTHORITY AND IN ORDER TO EFFECTUATE THE
POLICIES OF
CHAPTER 71 OF TITLE 5 OF THE UNITED STATES CODE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE
WE HEREBY NOTIFY OUR EMPLOYEES THAT:
WE WILL NOT refuse to furnish, upon request of the National Treasury
Employees Union, the exclusive representative of our employees, the
names and home addresses of all bargaining unit employees in the
Department of Energy, Headquarters Office.
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 names and home addresses of all bargaining unit
employees as requested by the National Treasury Employees Union.
. . . (Agency or Activity)
Dated: . . . By: . . . (Signature)
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 any of its provisions, they may communicate directly with the
Regional Director of the Federal Labor Relations Authority, Region III,
whose address is: 1111 - 18th Street, NW., Room 700, P.O. Box 33758,
Washington, D.C. 20033-0758, and whose telephone number is: (202)
653-8452.