Federal Labor Relations Authority v. United States Department of Defense, United States Department of Navy

975 F.2d 1105, 1992 WL 276623
CourtCourt of Appeals for the Fifth Circuit
DecidedOctober 9, 1992
DocketNos. 90-4722, 90-4775
StatusPublished
Cited by1 cases

This text of 975 F.2d 1105 (Federal Labor Relations Authority v. United States Department of Defense, United States Department of Navy) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Federal Labor Relations Authority v. United States Department of Defense, United States Department of Navy, 975 F.2d 1105, 1992 WL 276623 (5th Cir. 1992).

Opinions

JOHNSON, Circuit Judge:

In these two cases two labor organizations who represent federal employees requested that the federal agencies disclose to the unions the names and home addresses of all of the employees in the relevant bargaining units. The employer agencies refused, and the unions filed unfair labor practice charges with the Federal Labor Relations Authority (FLRA). The FLRA ordered the employers to disclose the names and addresses, and has applied to this Court for enforcement of its orders. The federal agency employers have petitioned for review of those orders.

I. Facts and Procedural History

The facts of these two cases are virtually identical. The United Food and Commercial Workers Union, Local 1657, represents a bargaining unit composed of all regular full-time and part-time employees, and all intermittent employees of the Navy Exchange in Gulfport, Mississippi. In August 1988 the union requested that the Navy Exchange disclose to it the names and home addresses of all of the employees in its bargaining unit. The Navy Exchange refused the union’s request. The union responded by filing an unfair labor practice charge with the FLRA. The FLRÁ ruled in favor of the union, and ordered the Navy Exchange to cease and desist from refusing to furnish the names and home addresses of all employees in the bargaining unit the union represents. In case No. 90-4722 the FLRA and the Navy Exchange seek enforcement and review of that order.

The American Federation of Government Employees, Local 1345, represents a consolidated, worldwide bargaining unit composed of all regular full-time and part-time employees, and all intermittent employees of the Army and Air Force Exchange Service, which is headquartered in Dallas, Texas, and operates a facility at Lowry Air Force Base in Colorado. In October 1988 the union requested that the Exchange disclose to it the names and home addresses of all of bargaining unit employees working at the Post Exchange at Lowry AFB. The Exchange denied the request, and the union filed and unfair labor practice charge with the FLRA. The FLRA ordered the Exchange to disclose the names and addresses. In No. 90-4775 the FLRA and the Exchange seek enforcement and review of the FLRA’s order.

[1107]*1107II. Discussion

Because the disputes in these cases arise out of the Federal Service Labor-Management Relations Statute, 5 U.S.C. § 7101 et seq., it is helpful to begin with a review of that statute and certain of the duties and obligations it places on labor organizations and federal employers.

A. The Federal Service Labor-Management Relations Statute

In adopting the Federal Service Labor-Management Relations Statute, 5 U.S.C. § 7101 et seq., (the “FLRS”), Congress observed that

experience in both private and public employment indicates that the statutory protection of the right of employees to organize, bargain collectively, and participate through labor organizations of their own choosing in decisions which affect them safeguards the public interest, contributes to the effective conduct of public business, and facilitates and encourages the amicable settlements of disputes between employees and their employers involving conditions of employment.

5 U.S.C. § 7101(a)(1). “Therefore,” the Congress declared, “labor organizations and collective bargaining in the civil service are in the public interest.”

To facilitate collective bargaining in the public sector, the FLRS provides that a labor organization may serve as the exclusive bargaining representative of a group of public employees as long as it fulfills certain duties. In particular, the FLRS provides that “[a]n exclusive representative is responsible for representing the interests of all employees in the unit it represents without discrimination and without regard to labor organization membership.” 5 U.S.C. § 7114(a)(1). That is, the labor organization must represent the interests not only of its dues-paying members, but also the interests of those employees in the unit who choose not to join the union. Thus, the requests by the unions in this case for the names and addresses of employees in the relevant bargaining units were requests designed to allow the union to contact not its own members, but rather the other employees in the units, so that the unions could determine what issues were of concern to those employees.

The FLRS also imposes obligations on the employer. For instance, in order to facilitate the bargaining process, federal employers are required

to furnish to the exclusive representative involved, or its authorized representative, upon request and to the extent not prohibited by law, data which is reasonably available and necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining.

5 U.S.C. § 7114(b)(4)(B).

The FLRA has taken the position that the names and addresses of employees in the bargaining unit is data which is “reasonably available and necessary” to the process of collective bargaining. The FLRA first took this position in its decision in Farmers Home Administration Finance Office v. American Federation of Government Employees, Local 3354, 23 FLRA 788 (1986) (“Farmers Home Administration’’), when it observed that

[sjection 7114(a)(1) of the [FLRS] provides that an exclusive representative is responsible for representing the “interests of all employees in the unit it represents without discrimination and without regard to labor organization membership.” Under this provision, a union’s statutory responsibilities extend to all bargaining unit members. It is obvious that a union must be able to identify and communicate with those bargaining unit members if it is to adequately represent them.

Id. at 796. The FLRA thus concluded that disclosure of the names and addresses was necessary because it would “enable the Union to communicate effectively and efficiently, through direct mailings to individual employees.” Id. Moreover, the FLRA held, the existence of alternative means of communication — such as desk drops, direct distributions, meetings, bulletin boards, and direct personal contacts — “is insuffi[1108]*1108cient to justify a refusal to release the [names and addresses].” Id. This is so

because the communication between unit employees and their exclusive representative which would be facilitated by release of names and home addresses ... is fundamentally different from other communication through alternative means which are controlled in whole or in part by the [employer] agency. When using direct mailings, the content, timing, and frequency of the communication is completely within the discretion of the union and there is no possibility of agency interference in the distribution of the message.

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Bluebook (online)
975 F.2d 1105, 1992 WL 276623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/federal-labor-relations-authority-v-united-states-department-of-defense-ca5-1992.