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30 FLRA No. 44

UNITED STATES MARINE CORPS BASE
CAMP PENDLETON, CALIFORNIA;
UNITED STATES NAVAL HOSPITAL
CAMP PENDLETON, CALIFORNIA; AND
NAVAL REGIONAL DENTAL CENTER
UNITED STATES MARINE BASE
CAMP PENDLETON, CALIFORNIA

              Respondents

      and

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 919

              Charging Party

Case No. 8-CA-70160

DECISION AND ORDER

I. Statement of the Case

This unfair labor practice case is before the Authority under section 2429.1(a) of the Authority's Rules and Regulations, based upon a stipulation of facts by the parties. The complaint alleges that the Respondents 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 three units of the Respondents' employees, with the names and home addresses of those employees. For the reasons stated below, we find that the Respondent committed the unfair labor practices as alleged.

II. Facts

The Union is the exclusive representative of three units of the Respondents' employees. By a letter dated November 14, 1986, the Union requested that the Respondents provide it with the names and home addresses of the employees in those units. By letter dated November 21, 1986, the Respondents denied the request. The parties stipulated that the names and home addresses of the employees are normally maintained by the Respondents in the regular course of [PAGE] business; are reasonably available; and do not constitute guidance, advice, counsel or training provided for management officials or supervisors relating to collective bargaining.

III. Positions of the Parties

The Respondents contend that release of the home addresses of employees is prohibited by the Privacy Act and that the information is not relevant or necessary for the Union to carry out its representational duties. 1 The Respondents disagree with the Authority's Decision on Remand in Farmers Home Administration Finance Office, St. Louis, Missouri, 23 FLRA 788 (1986) (Farmers Home), petition for review filed sub nom. U.S. Department of Agriculture and Farmers Home Administration Finance Office, St. Louis, Missouri v. FLRA, 86-2579 (8th Cir. Dec. 23, 1986). The Respondents further assert that the Authority erred in that decision.

The General Counsel contends that the Authority's Decision on Remand in Farmers Home is controlling in this case. Consequently, the General Counsel argues that the Respondents' failure to furnish the requested names and home addresses constitutes a failure to comply with section 7114(b)(4) and a violation of section 7116(a)(1), (5) and (8) of the Statute.

IV. Analysis and Conclusions

In our Decision and Order on Remand in Farmers Home, we concluded that the release of names and home addresses of bargaining unit employees to the exclusive representative of those employees is not prohibited by law, is necessary for [ v30 p2 ] 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 Farmers Home, we reject the Respondents' assertions in this case. We conclude that the Respondents were required to provide the Union with the names and home addresses of the unit employees under section 7114(b)(4). Accordingly, we further conclude that the Respondents' 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 United States Marine Corps Base, the United States Naval Hospital, and the Naval Regional Dental Center, Camp Pendleton, California shall:

1. Cease and desist from:

(a) Refusing to furnish, upon request of the National Federation of Federal Employees, Local 919, the exclusive representative of certain of their employees, the names and home addresses of all employees in the bargaining units it represents.

(b) in any like or related manner, interfering with, restraining, or coercing their 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 Federation of Federal Employees, Local 919, with the names and home addresses of all employees in the bargaining units it represents.

(b) Post at their facilities where bargaining unit employees represented by the National Federation of Federal Employees, Local 919, 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 Officers of the United States Marine Corps Base, the United States Naval Hospital, and the Naval Regional Dental Center, Camp Pendleton, California, and [ v30 p3 ] shall be posted and maintained for 60 consecutive days thereafter, in conspicuous places, including all bulletin boards and 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 VIII, 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.,November 30, 1987

Jerry L. Calhoun, Chairman

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY [ v30 p4 ]

                   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 to furnish, upon request of the National Federation of Federal Employees, Local 919, the exclusive representative of certain of our employees, the names and home addresses of all 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 furnish the National Federation of Federal Employees, local 919, with the names and home addresses of all employees in the bargaining units it represents.

                              _____________________________
                                      (Activities)

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 VIII, Federal Labor Relations Authority, whose address is: 350 South Figueroa Street, 10th Floor, Los Angeles, California 90071, and whose telephone number is: (213) 894-3805. [PAGE]

FOOTNOTES

Footnote 1 The Respondents also argue that the Authority ignored Federal Personnel Manual (FPM) Chapter 294, Appendix C, which assertedly provides that labor organizations should not be provided with the home addresses of employees because such disclosure would constitute an unwarranted invasion of the employees' personal privacy. However, Appendix C was deleted on March 12, 1985, when Chapter 294 was revised. The revised Chapter contains no statement similar to that which was contained in Appendix C and on which the Respondents rely. Therefore, the Respondents' argument is without merit. Department of the Navy, Naval Communications Station, Stockton, Stockton, California, 28 FLRA 19 (1987), petition for review filed sub nom. FLRA v. Department of the Navy Naval Communications Station, Stockton, Stockton, California, No. 87-1343 (D.C. Cir. July 24, 1987).

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