Department of Defense v. FLRA, 510 U.S. 487, 4 (1994)

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490

DEPARTMENT OF DEFENSE v. FLRA

Opinion of the Court

I

The controversy underlying this case arose when two local unions 1 requested the petitioner federal agencies 2 to provide them with the names and home addresses of the agency employees in the bargaining units represented by the unions. The agencies supplied the unions with the employees' names and work stations, but refused to release home addresses.

In response, the unions filed unfair labor practice charges with respondent Federal Labor Relations Authority (Authority), in which they contended that the Federal Service Labor-Management Relations Statute (Labor Statute), 5 U. S. C. §§ 7101-7135 (1988 ed. and Supp. IV), required the agencies to divulge the addresses. The Labor Statute generally provides that agencies must, "to the extent not prohibited by law," furnish unions with data that are necessary for collective-bargaining purposes. § 7114(b)(4). The agencies argued that disclosure of the home addresses was prohibited by the Privacy Act of 1974 (Privacy Act), 5 U. S. C. § 552a (1988 ed. and Supp. IV). Relying on its earlier decision in Department of Navy, Portsmouth Naval Shipyard, Portsmouth, N. H., 37 F. L. R. A. 515 (1990) (Portsmouth), application for enforcement denied and cross-petition for review granted sub nom. FLRA v. Department of Navy, Naval Communications Unit Cutler, 941 F. 2d 49 (CA1 1991), the Authority rejected that argument and ordered the agencies to divulge the addresses. Department of Defense, Army

1 Local 1657 of the United Food and Commercial Workers Union represents a bargaining unit composed of employees of the Navy CBC Exchange in Gulfport, Mississippi. Local 1345 of respondent American Federation of Government Employees, AFL-CIO, represents a worldwide bargaining unit composed of employees of the Army and Air Force Exchange, which is headquartered in Dallas, Texas.

2 Petitioners are the U. S. Department of Defense, U. S. Department of the Navy, Navy CBC Exchange, Construction Battalion Center, Gulfport, Mississippi, and the U. S. Department of Defense, Army and Air Force Exchange, Dallas, Texas.

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