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27:0020(4)CA
The decision of the Authority follows:
27 FLRA No. 4
DEPARTMENT OF HEALTH AND
HUMAN SERVICES, SOCIAL
SECURITY ADMINISTRATION
Respondent
and
AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, AFL-CIO
Charging Party
Case No. 3-CA-60554
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. The Respondent and the General Counsel
have filed briefs.
The complaint, issued November 26, 1986, alleges that the Respondent
violated section 7116(a)(1), (5) and (8) of the Federal Service
Labor-Management Relations Statute (the Statute) by refusing to furnish
the Union with the home addresses of all bargaining unit employees
assigned to the Respondent's field operations. The request was made
under section 7114(b)(4) of the Statute. We conclude that the
Respondent violated the Statute, as alleged.
II. Facts of the Case
The Union is the exclusive representative of separate nationwide
consolidated units of the Respondent's nonprofessional and professional
employees. By letter dated August 1, 1986, the Union requested the
Respondent to furnish the home addresses of unit employees under the
jurisdiction of the National Council of SSA Field Operations Locals, and
explained why it considered direct mail communication the most effective
way to fulfill the duty to represent the employees. It also listed four
issues related to its duty to represent employees which it intended to
address in such communication. By letter of August 25, 1986, the
Respondent declined to furnish the list of home addresses of unit
employees indicating that the Union has "various media available for
communicating with employees," and that the Activity, Social Security
Administration, "has denied similar AFGE request," and that it "views
the furnishing of employee names and addresses . . . to be a violation
of the Privacy Act."
The parties agree that the information sought is maintained in a
"system of records" as that phrase is defined and governed by the
Privacy Act (5 U.S.C. 552(a)), and is retrievable from this system of
records by use of a personal identifier (employee names).
III. Positions of the Parties
The General Counsel asserts that our Decision on Remand in Farmers
Home Administration Finance Office, St. Louis, Missouri, 23 FLRA No. 101
(October 31, 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 dispositive of this case.
The Respondent takes issue with our decision on remand in FHAFO,
arguing that disclosure of home addresses of employees is prohibited by
law and that in any event in this case the General Counsel failed to
establish that the information was necessary, relevant and readily
available as required by section 7114(b) of the Statute.
IV. Analysis and Conclusions
In our Decision and Order on Remand in FHAFO, we concluded that the
release of names and home addresses of bargaining unit employees to
exclusive representatives is not prohibited by law, is necessary for
unions to fulfill their obligations 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 upon our decision in FHAFO and for the reasons stated more
fully in that decision, we reject the Respondent's assertion that
disclosure of the information is prohibited by law. In its exceptions,
the Respondent noted that in our decision in FHAFO, we did not address
the guidance to agencies contained in the Federal Personnel Manual (FPM)
concerning the "routine use" Privacy Act exception to disclosure. The
Respondent argues here that FPM Supplement 711-1, Appendix C shows that
disclosure of employees' home addresses to a union has never been
considered by the Civil Service Commission or the Office of Personnel
Management to be a routine use under the Privacy Act. However, on May
12, 1986, OPM deleted FPM Supplement 711-1 containing Appendix C. FPM
Supplement 711-1, Labor-Management Relations, Installment 19 (May 12,
1986) (Addendum C). The instruction from OPM indicated essentially that
material from the supplement had been updated and incorporated in FPM
Chapter 711. Ibid. The revised FPM Chapter 711 did not, however,
incorporate the former Appendix C guidance, nor did it provide new
guidance relating to the route use. Therefore, there is no need for us
to consider such guidance on routine use because it is no longer in
effect.
We also reject the Respondent's assertion that the information was
not shown to be necessary for the Union to meet its obligations under
the Statute. Although we concluded in FHAFO that this information
generally is necessary for unions to meet their obligations even if
alternative means of communication are available, the Union in this case
explained in its request for the information that it needed to
correspond with unit employees directly and why alternative means of
communication would be less effective. Moreover, the Union listed four
issues related to address in such communications. Finally, we reject
the Respondent's argument that the record fails to prove that the home
addresses are reasonably available. The Respondent stipulated that the
information is maintained in systems of records and is retrievable by
use of employee names.
Based on the foregoing, we conclude that by refusing to furnish the
home addresses of unit employees to the Union, the Respondent failed to
comply with section 7114(b)(4) of the Statute, and violated section
7116(a)(1), (5) and (8).
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 Health and Human Services, Social Security
Administration, shall:
1. Cease and desist from:
(a) Refusing to furnish, upon request by the American
Federation of Government Employees, AFL-CIO, the exclusive
representative of units of its employees, the names and home
addresses of the employees in the units it represents under the
jurisdiction of the National Council of SSA Field Operations
Locals.
(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 American Federation of Government
Employees, AFL-CIO, the exclusive representative of units of its
employees, furnish it with the names and home addresses of all
employees in the bargaining units it represents under the
jurisdiction of the National Council of SSA Field Operations
Locals.
(b) Post at all its facilities where bargaining unit employees
represented by the American Federation of Government Employees,
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 Commissioner of Social
Security, 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 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, Washington, D.C., May 11, 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
AS ORDERED BY THE FEDERAL LABOR RELATIONS AUTHORITY AND TO
THE
EFFECTUATE THE POLICIES OF THE FEDERAL SERVICE
LABOR-MANAGEMENT
RELATIONS STATUTE
WE NOTIFY OUR EMPLOYEES THAT:
WE WILL NOT refuse to furnish, upon request by the American
Federation of Government Employees, AFL-CIO, the exclusive
representative of units of our employees, the names and home addresses
of the employees in the bargaining units 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 American Federation of Government
Employees, AFL-CIO, the exclusive representative of units of our
employees, furnish it with the names and home addresses of all employees
in the bargaining unit it represents under the jurisdiction of the
National Council of SSA Field Operations Locals.
(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 III, Federal Labor Relations Authority, whose address
is: 1111 18th St., NW, 7th Floor, PO Box 33758, Washington, D.C.
20033-0758 and whose telephone number is: (202) 653-8500.