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31 FLRA No. 86

VETERANS ADMINISTRATION,
WASHINGTON, D.C. AND
VETERANS ADMINISTRATION
SUPPLY DEPOT, HINES, ILLINOIS

      and

VETERANS ADMINISTRATION,
WASHINGTON, D.C. AND
VETERANS ADMINISTRATION
MARKETING CENTER
HINES, ILLINOIS

      and

VETERANS ADMINISTRATION,
WASHINGTON, D.C. AND
VETERANS ADMINISTRATION
LAKESIDE MEDICAL CENTER,
CHICAGO, ILLINOIS

                   Respondents

      and

GENERAL SERVICE EMPLOYEES
UNION, LOCAL 73, SEIU, AFL-CIO

                   Charging Party

Case Nos. 5-CA-70347
          5-CA-70348
          5-CA-70365

DECISION AND ORDER 
The Administrative Law Judge issued the attached decision in this case, 
finding that the Respondents had engaged in the unfair labor practices alleged 
in the consolidated complaint by refusing to furnish, upon request of the 
Charging Party (the Union), the names and home [PAGE] addresses of bargaining 
unit employees. The Judge granted the General Counsel's notion for summary 
judgment and recommended that the Respondent be ordered to take appropriate 
remedial action. The Respondent filed exceptions to the Judge's Decision. 
Pursuant to section 2423.29 of the Authority's Rules and Regulations and 
section 7118 of the Federal Service Labor - Management Relations Statute (the 
Statute), we have reviewed the rulings of the Judge and find that no prejudicial 
error was committed. The rulings 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. See Farmers Home Administration 
Finance Office, St. Louis, Missouri, 23 FLRA 788 (1986), 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. See also 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, 838 F.2d 229 (7th Cir. 
1988), petition for rehearing filed Mar. 16, 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). 
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 Veterans Administration Supply 
Depot, Hines, Illinois and the Veterans Administration, Washington, D.C. and 
Veterans Administration Marketing Center, Hines, Illinois and the Veterans 
Administration, Washington, D.C. and Veterans Administration Lakeside Medical 
Center, Chicago, Illinois, shall each: [ v31 p2 ] 
1. Cease and desist from: 
(a) Refusing to furnish, upon request of the General Service Employees Union, 
Local 73, SEIU, AFL - CIO, the exclusive representative of its employees, the 
names and home addresses of all bargaining unit employees employed at the 
Veterans Administration Supply Depot, Hines, Illinois and the Veterans 
Administration Marketing Center, Hines, Illinois and the Veterans Administration 
Lakeside Medical Center, Chicago, Illinois. 
(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 names and home addresses of all bargaining unit employees as 
requested by the General Service Employees Union, Local 73, SEIU, AFL - CIO. 

(b) Post at the Veterans Administration Supply Depot, Hines, Illinois and the 
Veterans Administration Marketing Center, Hines, Illinois and the Veterans 
Administration Lakeside Medical Center, Chicago, Illinois, 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 Director of 
the Veterans Administration Supply Depot, Hines, Illinois and the Veterans 
Administration Marketing Center, Hines, Illinois and the Veterans Administration 
Lakeside Medical Center, Chicago, Illinois, 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 V, Federal Labor Relations Authority, in 
writing, within 30 [ v31 p3 ] days from the date of this Order as to what steps 
have been taken to comply. 
Issued, Washington, D.C., March 30, 1988. 
Jerry L. Calhoun, Chairman 
Jean McKee, Member 
FEDERAL LABOR RELATIONS AUTHORITY [ v31 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 General Service Employees 
Union, Local 73, SEIU, AFL - CIO, the exclusive representative of certain of our 
employees, the names and home addresses of all employees in the bargaining unit 
it represents. 
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 General Service Employees Union, Local 73, SEIU, AFL - 
CIO, with the names and home addresses of all employees in the bargaining unit 
it represents. 
                               ____________________________
                                      (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 V, 
Federal Labor Relations Authority, whose address is: 175 W. Jackson Boulevard, 
Suite 1359-A, Chicago, IL 60604, and whose telephone number is: (312) 353-6306. 
[PAGE] 
VETERANS ADMINISTRATION,
WASHINGTON, D.C. and
VETERANS ADMINISTRATION
SUPPLY DEPOT, HINES, ILLINOIS

              Respondent

    and

GENERAL SERVICE EMPLOYEES
UNION, LOCAL 73, SEIU, AFL-CIO

              Charging Party

Case No. 5-CA-70347

    and

VETERANS ADMINISTRATION,
WASHINGTON, D.C. and
VETERANS ADMINISTRATION
MARKETING CENTER,
HINES, ILLINOIS

              Respondent

    and

GENERAL SERVICE EMPLOYEES
UNION, LOCAL 73, SEIU, AFL-CIO

              Charging Party

Case No. 5-CA-70348

    and

VETERANS ADMINISTRATION,
WASHINGTON, D.C. and
VETERANS ADMINISTRATION
LAKESIDE MEDICAL CENTER,
CHICAGO, ILLINOIS

              Respondent

    and

GENERAL SERVICE EMPLOYEES
UNION, LOCAL 73, SEIU, AFL-CIO

              Charging Party

Case No. 5-CA-70365

NOTICE OF TRANSMITTAL OF DECISION 
The above-entitled case having been heard before the undersigned 
Administrative Law Judge pursuant to the Statute and the Final Rules and 
Regulations of the Authority, the [PAGE] undersigned herein serves his Decision, 
a copy of which is attached hereto, on all parties to the proceeding on this 
date, and this case is hereby transferred to the Federal Labor Relations 
Authority pursuant to 5 C.F.R. 2423.26(b). 
PLEASE BE ADVISED that the filing of exceptions to the attached Decision, is 
governed by 5 C.F.R. 2423.26(c) through 2423.29, 2429.21 through 2429.25 and 
2429.27. 
Any such exceptions must be filed on or before January 4, 1988, and addressed 
to: 
               Federal Labor Relations Authority
               500 C Street, S.W., Docket Room 213
               Washington, D.C. 20424

BURTON S. STERNBURG
Administrative Law Judge

Dated: December 2, 1987
        Washington, D.C.

VETERANS ADMINISTRATION,
WASHINGTON, D.C. and
VETERANS ADMINISTRATION
SUPPLY DEPOT, HINES, ILLINOIS

              Respondent

    and

GENERAL SERVICE EMPLOYEES
UNION, LOCAL 73, SEIU, AFL-CIO

              Charging Party

Case No. 5-CA-70347

    and

VETERANS ADMINISTRATION,
WASHINGTON, D.C. and
VETERANS ADMINISTRATION
MARKETING CENTER,
HINES, ILLINOIS

              Respondent

    and

GENERAL SERVICE EMPLOYEES
UNION, LOCAL 73, SEIU, AFL-CIO

              Charging Party

Case No. 5-CA-70348

    and

VETERANS ADMINISTRATION,
WASHINGTON, D.C. and
VETERANS ADMINISTRATION
LAKESIDE MEDICAL CENTER,
CHICAGO, ILLINOIS

              Respondent

    and

GENERAL SERVICE EMPLOYEES
UNION, LOCAL 73, SEIU, AFL-CIO,

              Charging Party

Case No. 5-CA-70365

Susanne S. Matlin, Esquire
         For the General Counsel

[PAGE] 
Richard A. Lowell, Esquire
        For the Respondent

Before: BURTON S. STERNBURG
        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 U.S.C. Section 7101, et seq. 
and the Rules and Regulations issued thereunder. 
Pursuant to amended charges filed in Case Nos. 5-CA-70347, 5-CA-70348 and 
5-CA-70365 on July 29, 1987, 1 
by the General Service Employees Union, Local 73, SEIU, AFL - CIO (hereinafter 
called the Union or Local 73), a Consolidated Complaint and Notice of Hearing 
was issued on August 17, 1987, by the Regional Director for Region V, Federal 
Labor Relations Authority, Chicago, Illinois. The Consolidated Complaint alleges 
that the Veterans Administration, Washington, D.C. and the Veterans 
Administration Supply Depot, Hines, Illinois and the Veterans Administration 
Marketing Center, Hines, Illinois and Veterans Administration Lakeside Medical 
Center, Chicago, Illinois, (hereinafter collectively called the Respondent), 
violated Sections 7116 (a)(1), (5) and (8) of the Federal Service Labor - 
Management Relations Statute, (hereinafter called the Statute) by failing and 
refusing to furnish the Union the names and home addresses of bargaining unit 
members employed in the Veterans Administration Supply Depot, Hines Illinois, 
Veterans Administration marketing Center, Hines, Illinois and the Veterans 
Administration Lakeside Medical Center, Chicago, Illinois facilities.
On September 11, 1987, Respondent filed an Answer wherein it denied the 
commission of any unfair labor practices but admitted all the material factual 
allegations of the Complaint. 
On October 6, 1987, Counsel for the General Counsel filed with the Regional 
Director for Region V a Motion For [ v31 p2 ] Summary Judgment along with an 
"Analysis" of existing Federal Labor Relations Authority cases in support 
thereof. On the same date, the Regional Director for Region V, pursuant to 
Section 2423.22(b)(1) of the Federal Labor Relations Authority's Rules and 
Regulations transferred the General Counsel's Motion For Summary Judgment to the 
Chief Administrative Law Judge for Decision. The matter was subsequently 
assigned to the undersigned Administrative Law Judge for decision on the Motion 
For Summary Judgment. On October 15, 1987, Counsel for the Respondent filed a 
"Response To Motion For Summary Judgment" wherein he contended that inasmuch as 
a material issue of fact exists the Motion For Summary Judgment should be 
denied. 
Having read the Complaint and Respondent's Answer thereto, as well as the 
respective motions, responses and arguments in support thereof, I am convinced, 
based primarily upon the Federal Labor Relations Authority's decision in Farmers 
Home Administration Finance Office, St. Louis, Missouri, 23 FLRA 788, that a 
hearing in the instant matter is not necessary since there is no material fact 
in dispute. 
Accordingly, upon the basis of the above described record, and after 
consideration of the parties briefs and arguments, I make the following findings 
of fact, conclusions and recommendations. 
Findings of Fact 
1(a). At all times material herein, the Service Employees International 
Union, AFL - CIO, CLC, has been certified as the exclusive representative of a 
consolidated unit of employees of the Veterans Administration including, inter 
alia, all wage grade administration employees and all General Schedule regular 
workforce employees at the Supply Depot, all General Schedule regular workforce 
employees at the Marketing Center and all Lakeside Medical Center employees and 
Veterans Canteen Service employees assigned to the Lakeside Medical Center with 
certain exclusions not material herein. 
(b). At all times material herein, the Union has been an agent of the Service 
Employees International Union, AFL - CIO, CLC, with respect to all the employees 
described above in paragraph 1(a). 
(c). At all times material herein, Respondent and the Service Employees 
International Union, AFL - CIO, CLC, have [ v31 p3 ] been parties to a Master 
Agreement, covering, inter alia, the employees described above in paragraph 
1(a). 
2(a). On June 26, 1987, the Union requested that Respondent, by Earl N. Hill, 
furnish to the Union the names and home addresses of all bargaining unit 
employees employed at the Supply Depot. 
(b). On June 26, 1987, the Union requested that Respondent, by J. E. Lykins, 
furnish to the Union the names and home addresses of all bargaining unit 
employees employed at the Marketing Center. 
(c). On June 26, 1987, the Union requested that Respondent, by Joseph L. 
Moore, furnish to the Union the names and home addresses of all bargaining unit 
employees employed at the Lakeside Medical Center. 
(d). By letter dated June 30, 1987, Respondent, by Carol J. Martin, Director 
of Personnel (Marketing Center and Supply Depot), refused to provide to the 
Union the names and home addresses of all bargaining unit employees at the 
Marketing Center. 
(e). By letter dated June 30, 1987, Respondent, by Carol J. Martin, refused 
to provide to the Union the names and home addresses of the bargaining unit 
employees at the Supply Depot. 
(f). By letter dated July 7, 1987, Respondent, by Joseph L. Moore, Director 
(Lakeside Medical Center) refused to provide to the Union the names and home 
addresses of bargaining unit employees at the Lakeside Medical Center. 
(g). Since June 30, 1987, and continuing to date, Respondent has failed 
and/or refused to provide to the Union the names and home addresses of 
bargaining unit employees as requested and described in paragraphs 2(a), (b) and 
(c). 
3(a). The requested information described above in paragraphs 2(a), (b) and 
(c) does not constitute guidance, advice, counsel or training for management 
officials or supervisors, relating to collective bargaining. 
(b). Names and home addresses of bargaining unit employees are contained in 
the Official Personnel Folder (OPF) of each employee and the OPF's are located 
in the Personnel Offices at either the Supply Depot in Hines, Illinois, or the 
Lakeside Medical Center in Chicago, Illinois. [ v31 p4 ] 
(c). Names and home addresses of bargaining unit employees are contained in 
the Veterans Administration computerized payroll system located in Austin, 
Texas. 2 

Discussion and Conclusions 
The General Counsel takes the position that the Authority's decisions in 
Farmers Home Administration Finance Office, St. Louis, Missouri, supra and 
Veterans Administration, Washington, D.C. and Edith Nourse Rogers Memorial 
Veterans Hospital (Bedford, Massachusetts), 27 FLRA No. 84 are dispositive of 
all issues raised by Respondent in defense of its actions and that summary 
judgment in his favor is in order. 
Respondent on the other hand appears to defend its action on the ground that 
the Privacy Act of 1974, 5 U.S.C. 552a, prohibits the release of the home 
addresses of the bargaining unit employees, that there has been no showing that 
the home addresses are necessary for full and proper discussion, understanding, 
and negotiation of subjects within the scope of bargaining, and that there has 
been no showing that the requested information is normally maintained in the 
regular course of business and reasonably available at a modest expense. In this 
latter connection Respondent has submitted a number of affidavits indicating 
that the requested information is not normally maintained in the regular course 
of business and "that compilation of same would consume great quantities of time 
and significantly disrupt the normal course of business." 
In agreement with the General Counsel I find that the above cited decisions 
of the Authority are dispositive of all Respondent's contentions and/or 
defenses. Thus, the Authority has held in Farmers Home Administration Finance 
Office, St. Louis, Missouri, supra, that the release of the names and home 
addresses of unit employees is not prohibited by the Privacy Act, that 
regardless of the existence of [ v31 p5 ] alternative means of communication the 
names and home addresses of unit employees should be supplied to the Union on 
request, and that the exclusive representative need not offer any explanation as 
to the reasons it seeks such information since the Union's need "is so apparent 
and essentially related to the nature of exclusive representation itself. . ." 

In Veterans Administration, Washington, D.C. and Edith Nourse Rogers Memorial 
Hospital (Bedford Massachusetts), supra, the Authority had an opportunity to 
consider similar arguments to those raised here by Respondent as to the 
availability of the request information and concluded that since the names and 
home addresses of the bargaining unit employees were in the personnel files 
maintained at the respective installations as well as the Veterans 
Administration's centralized computer system in Austin, Texas, 3 
the names and home addresses were normally maintained by Respondent and 
reasonably available within the meaning of the Statute. 
Accordingly, based upon the Respondent's answers to the allegations of the 
Complaint as well as the Authority's holdings set forth above, and since the 
Union's request meets all the requirements of Section 7114(b)(4) of the Statute, 
I find that Respondent's refusal to furnish the Union with the names and home 
addresses of bargaining unit employees constituted a violation of Sections 
7116(a)(1), (5) an (8) of the Statute. In such circumstances, I hereby grant the 
General Counsel's Motion For Summary Judgment. 
Having found that Respondent violated the Statute by refusing to supply the 
Union with the names and home addresses of the bargaining unit employees, it is 
hereby recommended that the Authority adopt the following order designed to 
effectuate the purposes and policies of the Statute. 
ORDER 
Pursuant to Section 2423.29 of the Federal Labor Relations Authority's Rules 
and Regulations and Section 7118 [ v31 p6 ] of the Federal Service Labor - 
Management Relations Statute, 5 U.S.C., Section 7118, it is ordered that the 
Veterans Administration, Washington, D.C. and the Veterans Administration Supply 
Depot, Hines, Illinois and the Veterans Administration Marketing Center, Hines, 
Illinois and the Veterans Administration Lakeside Medical Center, Chicago, 
Illinois, shall: 
1. Cease and desist from: 
(a) Refusing to furnish, upon request, to the General Service Employees 
Union, Local 73, SEIU, AFL - CIO, the exclusive representative of its employees, 
the names and home addresses of all bargaining unit employees employed at the 
Veterans Administration Supply Depot, Hines, Illinois and the Veterans 
Administration Marketing Center, Hines, Illinois and the Veterans Administration 
Lakeside Medical Center, Chicago, Illinois. 
(b) In any like or related manner, interfering with, restraining, or coercing 
its employees in the exercise of their rights assured by the Statute. 
2. Take the following affirmative action in order to effectuate the purposes 
and policies of the Statute. 
(a) Furnish the names and home addresses of all bargaining unit employees as 
requested by the General Service Employees Union, Local 73, SEIU, AFL - CIO. 

(b) Post at the Veterans Administration Supply Depot, Hines, Illinois and the 
Veterans Administration Marketing Center, Hines, Illinois and the Veterans 
Administration Lakeside Medical Center, Chicago, Illinois, 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 a responsible 
official of the Veterans Administration Supply Depot, Hines, Illinois and the 
Veterans Administration Marketing Center, Hines, Illinois and the Veterans 
Administration Lakeside [ v31 p7 ] Medical Center, Chicago, Illinois, 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 V, Federal Labor Relations Authority, 175 
W. Jackson Boulevard, Suite 1359-A, Chicago, Illinois 60604 in writing, within 
30 days from the date of this Order, as to what steps have been taken to comply 
herewith. 
BURTON S. STERNBURG
Administrative Law Judge

Dated: December 2, 1987
       Washington, D.C.

[ v31 p8 ] 
                    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 have been found by the Federal Labor Relations Authority to have committed 
an unfair labor practice. We have been ordered to post this Notice and abide by 
its provisions. 
WE WILL NOT refuse or fail to furnish, upon request, to the General service 
Employees union, Local 73, SEIU, AFL - CIO, the exclusive representative of our 
employees, the names and home addresses of all bargaining unit employees 
employed at the Veterans Administration Supply Depot, Hines, Illinois and the 
Veterans Administration Marketing Center, Hines, Illinois and the Veterans 
Administration Lakeside Medical Center, Chicago, Illinois. 
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 furnish the names and home addresses of all bargaining unit employees 
as requested by the General Service Employees Union, Local 73, SEIU, AFL - CIO. 

                               ____________________________
                                      (Activity)

Dated: ___________________ By: ____________________________
                                 (Signature)  (Title)

[PAGE] 
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 V, whose address is: 175 W. 
Jackson Boulevard, Suite 1359-A, Chicago, IL 60604, and whose telephone number 
is: (312) 353-6306. [ v31 p2 ] 

FOOTNOTES
Footnote 1 The Union filed the original charges in Case 
Nos. 5-CA-70347 and 5-CA-70348 on July 13, 1987. The original charge in Case No. 
5-CA-70365 was filed on July 28, 1987. 
Footnote 2 The foregoing findings of fact are based 
upon the allegations of the Complaint and Respondent's Answer thereto. The only 
factual allegations of the Complaint not admitted to by Respondent were the 
allegations that the requested information was normally maintained by Respondent 
in the regular course of business and reasonably available; and that the 
requested information is necessary for the Union's representational purposes. 

Footnote 3 Respondent admits that it maintains 
personnel files containing the unit employees' home addresses and that the names 
and home addresses are also in the Veterans Administration's centralized 
computer system in Austin, Texas. 

---