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31 FLRA No. 57

DEPARTMENT OF THE AIR FORCE
323RD FLYING TRAINING WING
MATHER AIR FORCE BASE, CALIFORNIA

              Respondent

      and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1692, AFL-CIO

              Charging Party

Case No. 9-CA-70270

DECISION AND ORDER 
I. Statement of the Case 
This unfair labor practice case is before the Authority under section 
2429.1(a) of our Regulations, based on the parties' stipulation of facts. The 
complaint alleges that the Department of the Air Force, 323rd Flying Training 
Wing, Mather Air Force Base, California (the Respondent) violated section 
7116(a)(1), (5), and (8) of the Federal Service Labor - Management Relations 
Statute (the Statute) by failing and refusing to provide the American Federation 
of Government Employees, Local 1692, AFL - CIO (Union) with the names and home 
addresses of bargaining unit employees located at Mather Air Force Base, 
California, who are paid from appropriated funds. The Respondent and the General 
Counsel filed briefs. 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 a unit of employees paid from 
appropriated funds and serviced by the Mather Air Force Base Central Civilian 
Personnel Office. The Union does not represent employees paid from 
nonappropriated funds. By letter dated November 28, 1986, the Union requested 
that the Respondent furnish it with "the names and [PAGE] home addresses of the 
bargaining unit employees; both appropriated and non-appropriated fund types." 
Stipulation, Exhibit 2. The union stated in its letter that its request was made 
pursuant to Farmers Home Administration Finance Office, St. Louis, Missouri, 23 
FLRA 788 (1986) (Farmers Home), enforced in part and remanded sub nom. U.S. 
Department of Agriculture and Farmers Home Administration Finance Office, St. 
Louis, Missouri v. FLRA, No. 86-2579 (8th Cir. Jan. 15, 1988), petitions for 
rehearing filed. 
By letters dated December 8 and December 18, 1986, the Respondent 
acknowledged receipt of the Union's November 28 request. In its December 18 
letter, the Respondent informed the Union that research into the "availability 
and . . . entitlement to (the requested home addresses was) taking longer than . 
. . anticipated." Additionally, the Respondent informed the Union that it would 
not be able to provide the Union with the "home addresses of the nonappropriated 
fund employees as they are represented by (the) National Association of 
Government Employees (NAGE)." Stipulation, Exhibit 4. By letter dated January 
12, 1987, the Respondent refused to furnish the Union with the information 
requested. 
The parties stipulated that the names and home addresses of appropriated fund 
unit employees: (1) were requested by the Union to carry out its 
representational duties and to administer a collective bargaining agreement 
between the parties; (2) do not constitute guidance, advice, counsel, or 
training provided to management officials or supervisors relating to collective 
bargaining; and (3) are maintained in the Respondent's appropriated fund payroll 
files. The parties further stipulated that the Respondent's personnel records 
identify employees by bargaining unit status. 
III. Positions of the Parties 
The General Counsel argues that the Authority's decision on remand in Farmers 
Home, in which the Authority concluded that section 7114(b)(4) of the Statute 
entitled the exclusive representative to the names and home addresses of 
employees in the bargaining unit, and subsequent cases relying on Farmers Home, 
are dispositive of the issue in this case. The General Counsel contends that the 
Respondent's [ v31 p2 ] failure to furnish the Union with its unit employees' home 
addresses violates section 7116(a)(1), (5), and (8) of the Statute. 
The Respondent acknowledges that the Authority's decision in Farmers Home is 
dispositive, but urges us to reverse that decision. The Respondent argues that 
the release of the names and home addresses of employees is contrary to the 
Privacy Act, and maintains that it should not be required to release the 
information requested because the Union has alternative means of communicating 
with unit employees. 
Further, the Respondent asserts that certain requirements of section 
7114(b)(4) of the Statute are not met here. Specifically, the Respondent argues 
that the records are not normally maintained in the regular course of business 
because: (1) names and home addresses are in payroll records which are not 
identified by bargaining unit status; and (2) there is no automated record at 
the Respondent's facility which contains the names, home addresses, and 
bargaining unit status of appropriated fund civilian employees. The Respondent 
concedes that a list could be established by creating a computer program or 
could be created manually. Because such a list would have to be created, the 
Respondent argues that the data are not "reasonably available" as required by 
section 7114(b)(4)(B). 
IV. Analysis and Conclusion 
The arguments made by the Respondent in this case are similar to the 
arguments asserted by the agency in Farmers Home. In the Authority's Decision 
and Order on Remand in Farmers Home, the Authority concluded that the release of 
the names and home addresses of bargaining unit employees to their exclusive 
representatives is not prohibited by law, is necessary for unions to fulfill 
their duties under the Statute, and meets all of the other requirements 
established by section 7114(b)(4) of the Statute. 
The Authority's decision in Farmers Home analyzed the two exceptions to the 
Privacy Act's bar to disclosure of personal information pertinent to the release 
of employees' names and home addresses: exception (b)(2), concerning the Freedom 
of Information Act; and exception (b)(3), relating to "routine use" of 
information. The Authority found that both exceptions to the Privacy Act's bar 
applied so as to authorize release of the information under the Privacy Act. 
[ v31 p3 ] The Authority also determined that the release of the information is 
generally required without regard to whether alternative means of communication 
are available. The Respondent concedes that under Farmers Home the requirements 
of the Privacy Act have been met. 
As to the Respondent's contention that the information sought by the Union is 
not normally maintained or reasonably available, the stipulation shows that the 
names and home addresses of employees are maintained and that identification of 
employees as to unit status is also maintained. Consequently, we find that the 
requirement of section 7114(b)(4)(A) has been met and that the information is 
reasonably available within the meaning of section 7114(b)(4)(B). See Department 
of the Air Force, 92D Combat Support Group, Fairchild Air Force Base, 
Washington, 28 FLRA 948, application for enforcement filed sub nom. FLRA v. 
Department of the Air Force, 92D Combat Support Group, Fairchild Air Force Base, 
Washington, No. 87-1515 (D.C. Cir. Sept. 23, 1987). Further, from the parties' 
stipulation, it is evident that the requirement of section 7114(b)(4)(C) has 
been met in this case. 
Therefore, based on the parties' stipulation and the Authority's decision on 
remand in Farmers Home, we find that the Respondent was required to furnish the 
Union with the names and home addresses of employees in the bargaining unit it 
represents. The Respondent's refusal to do so violated section 7116(a)(1), (5), 
and (8) of the Statute. See United States Department of the Navy and 
Philadelphia Naval Shipyard v. FLRA, No. 87-3005 (3d Cir. Mar. 2, 1988), 
enforcing Philadelphia Naval Shipyard, 24 FLRA 37 (1986); U.S. Department of the 
Air Force, Scott Air Force Base, Illinois v. FLRA, No. 87-1143 (7th Cir. Jan. 
27, 1988), affirming Department of the Air Force, Scott Air Force Base, 
Illinois, 24 FLRA 226 (1986); Department of Health and Human Services, Social 
Security Administration v. FLRA, 833 F.2d 1129 (4th Cir. 1987), petition for 
rehearing filed Jan. 8, 1988, affirming Department of Health and Human Services, 
Social Security Administration, 24 FLRA 543 (1986); Department of Health and 
Human Services, Social Security Administration and Social Security 
Administration Field Operations, New York Region, 24 FLRA 583 (1986); Department 
of Health and Human Services, Social Security Administration, 24 FLRA 600 
(1986). [ v31 p4 ] 
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 Air Force, 323rd Flying Training Wing, Mather Air Force Base, 
California shall: 
1. Cease and desist from: 
(a) Refusing to furnish, upon request of the American Federation of 
Government Employees, Local 1692, AFL - CIO, the exclusive representative of a 
unit of its employees, the names and home addresses of all bargaining unit 
employees it represents located at Mather Air Force Base, California. 
(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 American Federation of Government Employees, Local 1692, AFL 
- CIO with the names and home addresses of all employees in the bargaining unit 
it represents located at Mather Air Force Base, California. 
(b) Post at its facilities at Mather Air Force Base where bargaining unit 
employees represented by the American Federation of Government Employees, Local 
1692, 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 Commanding Officer, 323rd Flying Training Wing, 
Mather Air Force Base, California and shall be posted in conspicuous places, 
including all bulletin boards and other places where notices to employees are 
customarily posted, and shall be maintained for 60 consecutive days thereafter. 
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, [ v31 p5 ] 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., March 16, 1988. 
Jerry L. Calhoun, Chairman

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY

[ v31 p6 ] 
                 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 American Federation of 
Government Employees, Local 1692, AFL - CIO, the exclusive representative of a 
unit of our employees, the names and home addresses of all bargaining unit 
employees it represents located at Mather Air Force Base, California. 
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 American Federation of Government Employees, Local 1692, 
AFL - CIO with the names and home addresses of all employees in the bargaining 
unit it represents located at Mather Air Force Base, California. 
                               ____________________________
                                      (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 IX, 
Federal Labor Relations Authority, whose address is: 901 Market Street, Suite 
220, San Francisco, California 94103, and whose telephone number is: (415) 
995-5000. [ v31 p7 ] 

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