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26:0625(78)CA
The decision of the Authority follows:
26 FLRA No. 78
DEPARTMENT OF THE NAVY
MARE ISLAND NAVAL SHIPYARD
VALLEJO, CALIFORNIA
Respondent
and
INTERNATIONAL FEDERATION OF
PROFESSIONAL AND TECHNICAL
ENGINEERS, LOCAL 11
Changing Party
Case No. 9-CA-70006
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
upon a stipulation entered into by the Respondent, the Charging Party
and the General Counsel. The issue is whether the Respondent violated
section 7116(a)(1), (5) and (8) of the Federal Service Labor-Management
Relations Statute (the Statute) by refusing to provide the Charging
Party (the Union), the exclusive representative of a unit of the
Respondent's employees, with the names and home addresses of those unit
employees as requested by the Union.
II. Background
The Union is the exclusive representative of a unit of all General
Schedule employees of the Respondent. By letter dated May 21, 1986, the
Union requested the names and home addresses of all bargaining unit
employees. By letter dated June 25, 1986, the Respondent denied the
Union's request. The Parties stipulated 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 a complaint should not have been issued
in this case because at that time the "overwhelming case law" of the
Authority held that the disclosure of the home addresses of employees
was prohibited by the Privacy Act. Further, the Respondent argues that
while it appears that the Authority's decision on remand in Farmers Home
Administration Finance Office, St. Louis, Missouri, 23 FLRA No. 101
(1986) (FHAFO), 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, the Respondent disagrees with the Authority's rationale in
that decision and contends that the Authority erred in reversing its
prior holdings. The Respondent asserts that release of the information
requested by the Union is prohibited by law. In support of its
assertion, the Respondent maintains that disclosure of employees' home
addresses constitutes a clearly unwarranted invasion of the employees'
privacy and, therefore, under the Privacy Act, the Freedom of
Information Act and Federal Personnel Manual (FPM) chapter 294, appendix
C, the information may not be disclosed.
The General Counsel contends that this case is controlled by the
Authority's decision on remand in FHAFO in which the Authority
concluded, in circumstances virtually identical to this case, that
section 7114(b)(4) of the Statute entitled the Charging Party to the
names and home addresses of employees in the bargaining unit. The
General Counsel argues that in light of the Authority's decision on
remand in FHAFO, the Respondent's failure and refusal to provide the
employees' names and home addresses to the Union in this case
constitutes a refusal to comply with section 7114(b)(4) and a violation
of section 7116(a)(1), (5) and (8) of the Statute.
IV. Analysis
In our Decision and Order on Remand in FHAFO, we concluded that the
release of names and home addresses of bargaining unit employees to the
exclusive representatives of those employees is not prohibited by law,
is necesssary 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. Based on our decision on remand in FHAFO, we reject the
Respondent's assertion in this case that disclosure of the home
addresses of bargaining unit employees to the Union is prohibited by law
and find that the Respondent was required to provide the information
under section 7114(b)(4). Further in that regard, as to the
Respondent's assertion that under FPM chapter 294, appendix C, the
information should not be released, the Respondent did not provide a
copy of the provision on which it relied and our examination of FPM
chapter 294 discloses that there is no such provision. Accordingly, the
Respondent has failed to substantiate its claim. Accordingly, we
conclude that the Respondent's refusal to provide the Union with the
requested information 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, Mare Island Naval Shipyard,
Vallejo, California shall:
1. Case and desist from:
(a) Refusing to furnish, upon request by the International Federation
of Professional and Technical Engineers, Local 11, the exclusive
representative of a unit of its employees, the names and home addresses
of all employees in the bargain 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
effecuate the purposes and policies of the Statute:
(a) Furnish the International Federation of Professional and
Technical Engineers, Local 11, the exclusive representative of a unit of
its employees, with the names and home addresses of employees in the
bargaining unit.
(b) Post at all its facilities where bargaining unit employees
represented by the International Federation of Professional and
Technical Engineers, Local 11 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 of
the Mare Island Naval Shipyard, Vallejo, California and shall be posted
and maintained for 60 consecutive days thereafter, in conspicous 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 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., April 21, 1987.
/s/ Jerry L. Calhoun
Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III
Henry B. Frazier III, Member
/s/ Jean McKee
Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY
NOTICE TO ALL EMPLOYEES
PURSUANT TO A DECISION AND RDER OF THE FEDERAL LABOR
RELATIONS
AUTHORITY AND TO EFFECTUATE THE POLICIES OF CHAPTER 71 OF TITLE
5 OF THE
UNITED STATES CODE
FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE
WE NOTIFY OUR EMPLOYEES THAT:
WE WILL NOT refuse to furnish, upon request of the
International Federation of Professional and Technical Engineers,
Local 11, 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 Federal Service Labor-Management Relations
Statute.
WE WILL furnish the International Federation of Professional
and Technical Engineers, Local 11, the exclusive representative of
a bargaining unit of our employees, with the names and home
addresses of all employees in the unit.
(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 provisons, they may communicate directly with the
Regional Director of the Federal Labor Relations Authority, Region IX,
whose address is: 901 Market Street, Suite 220, San Francisco,
California 94103-9991 and whose telephone number is: (415) 995-5000.