Click here to view the decision.
60 FLRA No. 82
U. S. Dept. of the Army, Army Corps of Engineers Portland District, Portland, Oregon and United Power Trades UnionCase No. SF-CA-04-0066(Decided November 17, 2004)
The complaint alleged that the Respondent violated § 7116(a)(1), (5) and (8) of the Federal Service Labor-Management Relations Statute by denying the Union's request to provide particular information. The Judge found that the Respondent violated the Statute as alleged. The Authority denied the Respondent's exceptions and adopted the Judge's findings, conclusions, and recommended order.
The Authority found that the Judge did not err in finding that the Respondent was required to furnish the information. Under § 7114(b)(4) of the Statute, an agency must furnish information to a union, upon request and to the extent not prohibited by law, if that information is: (1) normally maintained by the agency in the regular course of business; (2) reasonably available; (3)"necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining; and (4) not guidance, advice, counsel, or training provided for management officials or supervisors, relating to collective bargaining. The Authority found that the Judge did not err in finding that the information was necessary or that § 7114(b)(4)(C) of the Statute did not exempt the information from disclosure.
Additionally, the Authority found that the Judge did not err in finding a violation of § 7116(a)(1).A violation of § 7116(a)(1) is commonly found as a "derivative violation," that is, an interference with employee rights that flows from another violation under the Statute. The Authority noted that it is well established that an agency commits a derivative violation of § 7116(a)(1) by violating § 7116(a)(5).