[ v27 p775 ]
27:0775(84)CA
The decision of the Authority follows:
27 FLRA No. 84
VETERANS ADMINISTRATION
(WASHINGTON, D.C.) AND
EDITH NOURSE ROGERS MEMORIAL
VETERANS ADMINISTRATION HOSPITAL
(BEDFORD, MASSACHUSETTS)
Respondent
and
NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCALS R-1-32 and 32A
Charging Party
Case No. 1-CA-60332
DECISION AND ORDER
The Administrative Law Judge issued the attached Decision in the
above-entitled proceeding, finding that the Respondent had engaged in
the unfair labor practices alleged in the complaint and recommending
that the Respondent be ordered to cease and desist from the unfair labor
practices and take appropriate remedial action. Thereafter, the
Respondent filed exceptions to the Judge's Decision.
Pursuant to section 2423.29 of the Authority's Rules and section 7118
of the Federal Service Labor-Management Relations Statute (the Statute),
we have reviewed the findings and conclusions of the Judge and find that
no prejudicial error was committed. The findings of the Judge 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 Veterans Administration (Washington, D.C.) and Edith Nourse
Rogers Memorial Veterans Administration Hospital (Bedford,
Massachusetts), shall:
1. Cease and desist from:
(a) Refusing or failing to furnish upon request of the National
Association of Government Employees, Locals R-1-32 and 32A, the
exclusive representative of its employees, the names and home
addresses of all unit employees.
(b) In any like or related manner, interfering with,
restraining or coercing 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) Upon request by the National Association of Government
Employees, Locals R-1-32 and 32A, the exclusive representative of
its employees, furnish it with the names and home addresses of all
unit employees.
(b) Post at its facilities at the Edith Nourse Rogers Memorial
Veterans Hospital, copies of the attached Notice on forms to be
furnished by the Authority. Upon receipt of such forms, they
shall be signed by the Director, Edith Nourse Rogers Veterans
Administration Memorial Hospital, 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 I, Federal Labor
Relations Authority, Boston, Massachusetts, in writing, within 30
days from the date of this Order,, as to what steps have been
taken to comply herewith.
Issued, Washington, D.C., June 26, 1987.
Jerry L. Calhoun, Chairman
Henry B. Frazier III, Member
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 NOTIFY OUR EMPLOYEES THAT:
WE WILL NOT refuse or fail to furnish upon request of the National
Association of Government Employees, Locals R-1-32 and 32A, the
exclusive representative of our employees, the names and home addresses
of all unit employees.
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, upon request by the National Association of Government
Employees, Locals R-1-32 and 32A, the exclusive representative of our
employees, the names and home addresses of all unit employees.
. . . (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 I, Federal Labor Relations Authority, whose address is:
10 Causeway Street, Room 1017, Boston, Massachusetts 02222 and whose
telephone number is: (617) 565-7280.
-------------------- ALJ$ DECISION FOLLOWS --------------------
Case No. 1-CA-60332
VETERANS ADMINISTRATION (WASHINGTON, D.C.); and
EDITH NOURSE ROGERS MEMORIAL VETERANS HOSPITAL
(BEDFORD, MASSACHUSETTS)
Respondent
and
NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES,
LOCALS R-1-32 and 32A
Charging Party
David F. Toomey, Esq.
For the Respondent
Marilyn H. Zucherman, Esq.
For the General Counsel, FLRA
Before: SAMUEL A. CHAITOVITZ
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 USC Section
7101, et. seq., 92 Stat. 1191 (hereinafter referred to as the Statute)
and the Rules and Regulations of the Federal Labor Relations Authority
(FLRA), 5 C.F.R. Chapter XIV, Section 2410, et. seq.
Pursuant to a charge filed on July 23, 1986 by the National
Association of Government Employees, Locals R-1-32 and 32A, hereinafter
called the Union, and a first amended charge filed on August 20, 1986
against the Veterans Administration and the Edith Nurse Rogers Memorial
Veterans Hospital, hereinafter called the Respondent, the General
Counsel of the FLRA, by the Regional Director of Region I, issued a
Complaint and Notice of Hearing on September 19, 1986, alleging that the
Respondent violated Section 7116(a)(1), (5) and (8) of the Statute by
failing to furnish to the Union, upon request, the names and home
addresses for all bargaining unit employees in both the professional and
nonprofessional units at the Veterans Hospital.
A hearing was conducted before the undersigned in Boston,
Massachusetts on December 18, 1986. Respondent and the General Counsel
of the FLRA were represented and afforded full opportunity to be heard,
to examine and cross-examine witnesses, to introduce evidence and to
argue orally. Briefs, including proposed findings and conclusions, were
filed and have been fully considered.
Based upon the entire record in this matter I make the following:
Findings of Fact
At all times material herein, the National Association of Government
Employees, SEIU, AFL-CIO, has been and is now the exclusive collective
bargaining representative in separate consolidated units of all
nonprofessional employees and GS professional employees at the Edith
Nourse Rogers Memorial Veterans Hospital in Bedford, Massachusetts.
By letter dated July 8, 1986, the Union requested names and home
addresses of all bargaining unit employees in both the professional and
nonprofessional units. Respondent replied by letter of July 11, 1986,
that the Union would not be provided with the names and home addresses
due to Privacy Act concerns.
The names and home addresses of bargaining unit employees at the
Veterans Hospital are maintained at that facility in their personnel
files. This data for both the professional and nonprofessional units is
also available in the Veterans Administration centralized computer
system in Austin, Texas. The information can be requested by the
Veterans Hospital and would be received hospital-wide tabulated by
service and by employee zip code.
Discussion and Conclusions of Law
The Federal Labor Relations Authority has issued its lead decision on
the names and home addresses of bargaining unit employees holding that,
upon request, management must provide this data to unions. Farmers Home
Administration, Finance Office, St. Louis, MO and American Federation of
Government Employees, AFL-CIO, Local 3354, 23 FLRA No. 101, (October 31,
1986). There the Authority analyzed the interplay of the Statute, the
Privacy Act, and the Freedom of Information Act, and concluded that "the
release of names and home addresses to the Union is not prohibited by
law, is necessary for the Union to fulfill its duties under the Statute,
and meets the other requirements of Section 7114(b)(4)." Ibid., at page
11. The Authority found that a general written request for the
information is sufficient, since,
"an exclusive representative's need for the names and home
addresses of the bargaining unit employees it is required to
represent is so apparent and essentially related to the nature of
exclusive representation itself that . . . (the duty to supply the
data) does depend upon any separate explanation by the union of
its reasons for seeking the information." Ibid., at page 11.
In the instant case, it is undisputed that the Union submitted a
written request for the names and home addresses of all bargaining unit
employees and that the request was denied. The issues at trial were
whether the sought after information is normally maintained by the
Agency, whether it is necessary, and whether disclosure is prohibited by
law. These issues will be analyzed in terms of the decision in Farmers
Home Administration as follows:
A. Normally Maintained by the Agency
There is no question that the home addresses of federal employees are
in their personnel files. Farmers Home Administration, ibid., at page
7. The names and home addresses of bargaining unit employees herein are
maintained at the Veterans Hospital in their personnel files and in the
Veterans Administration's centralized commputer system in Austin, Texas
by hospital service and employee zip code. The information is
"reasonably available" despite the fact that Respondent would have to
compile the information by reconciling computer data with separate lists
maintained at the Veterans Hospital. Air Force District of Washington
and AFGE-GAIU Council of HQUSAF Locals, AFL-CIO, OALJ-87-15, Judge
Garvin Lee Oliver, December 11, 1986. In short, the names and home
addresses of bargaining unit employees are normally maintained in the
regular course of business by the Agency and reasonably available within
the meaning of the Statute.
B. Necessary
The data is also necessary to collective bargaining and the "mere
existence of alternative means of communication is insufficient to
justify a refusal to release the information." Farmers Home
Administration, ibid., at page 9. There, the Authority found that it
was not necessary to examine adequacy of alternative means,
"because the communication between unit employees and their
exclusive representative which would be facilitated by release of
names and home addresses information is fundamentally different
from other communication through alternative means which are
controlled in whole or in part by the agency." Ibid. at page 9.
The names and home addresses of bargaining unit employees is
necessary information and should be provided to the Union whether or not
alternative means of communication are available.
C. Prohibited by Law
The release of the names and home addresses is not prohibited by law
since the provision of the data falls within the routine use exemption
(b)(3) of the Privacy Act. Farmers Home Administration, ibid., at page
7. The release of the information is also not a clearly unwarranted
invasion of privacy within the meaning of exemption (b)(6) of the FOIA
referenced by exemption (b)(2) of the Privacy Act. Ibid., at page 5.
In weighing individual privacy interests under these Statutes, the
Authority tilts the balance in favor of disclosure, citing Getman v.
NLRB., 450 F.2d 670, 674, (D.C. Cir. 1971), to enable the Union to
identify bargaining unit employees and to communicate with them. The
release of the names and home addresses is not prohibited by law since
disclosure comes within exemptions (b)(2) and (b)(3) of the Privacy Act.
In light of the foregoing, I conclude that Respondent violated
Section 7116(a)(1), (5) and (8) of the Statute by denying the Union's
request pursuant to Section 7114(b)(4) for the names and home addresses
of bargaining unit employees because this information is normally
maintained by the Agency and is reasonably available and necessary for
full and proper discussion, understanding and negotiation of subjects
within the scope of collective bargaining and furnishing such data is
not prohibited by law. To remedy this violation, the Respondent should
be ordered to provide the Union with the names and home addresses of all
bargaining unit employees and to post a Notice as required by the
Authority in Farmers Home Administration.
Having concluded that Respondent violated Section 7116(a)(1)(5) and
(8) of the Statute, I recommend that the Authority issue the following:
ORDER
Pursuant to Section 2423.29 of the Rules and Regulations of the
Federal Labor Relations Authority and Section 7118 of the Statute, the
Authority hereby orders that the Veterans Administration and the Edith
Nourse Rogers Memorial Veterans Hospital, shall:
1. Cease and desist from:
(a) Refusing or failing to furnish upon request of the National
Association of Government Employees, Locals R-1-32 and 32A, the
addresses of all unit employees.
(b) In any like or related manner, interfering with,
restraining or coercing 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) Upon request, furnish to the National Association of
Government Employees, Locals R-1-32 and 32A, the names and
addresses of all unit employees.
(b) Post at its facilities at the Edith Nourse Rogers Memorial
Veterans Hospital, copies of the attached Notice marked "Appendix"
on forms to be furnished by the Authority. Upon receipt of such
forms, they shall be signed by the Director, Veterans Hospital,
and shall be posted and maintained by him for 60 consecutive days
thereafter, in conspicuous places, including all bulletin boards
and other places where notices to employees are customarily
posted. The Director shall take reasonable steps to insure that
such notices are not altered, defaced, or covered by any other
material.
(c) Pursuant to 5 C.F.R. Section 2423.30 notify the regional
Director, Region 1, Federal Labor Relations Authority, Boston,
Massachusetts, in writing, within 30 days from the date of this
Order, as to what steps have been taken to comply herewith.
SAMUEL A. CHAITOVITZ
Administrative Law Judge
Dated: March 24, 1987
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 or fail to furnish upon request of the National
Association of Government Employees, Locals R-1-32 and 32A, the
addresses of all unit employees.
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, upon request, furnish to the National Association of
Government Employees, Locals R-1-32 and 32A, the names and addresses of
all unit employees.
. . . (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 1,
whose address is: 10 Causeway Street, Room 1017, Boston, Massachusetts
02222-1046, and whose telephone number is: (617) 565-7280.