Department of Defense v. FLRA, 510 U.S. 487, 7 (1994)

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Cite as: 510 U. S. 487 (1994)

Opinion of the Court

is elected by employees to serve as the representative of a bargaining unit. § 7111(a). An exclusive representative must represent fairly all employees in the unit, regardless of whether they choose to become union members. § 7114(a)(1). The Labor Statute also imposes a duty on the agency and the exclusive representative to negotiate in good faith for the purpose of arriving at a collective-bargaining agreement. § 7114(a)(4).

To fulfill its good-faith bargaining obligation, an agency must, inter alia, "furnish to the exclusive representative involved, or its authorized representative, upon request and, to the extent not prohibited by law, data . . . (B) which is reasonably available and necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining." § 7114(b)(4)(B) (emphasis added). The Authority has determined that the home addresses of bargaining unit employees constitute information that is "necessary" to the collective-bargaining process because through them, unions may communicate with employees more effectively than would otherwise be possible. See Portsmouth, 37 F. L. R. A., at 532 ("In the home environment, the employee has the leisure and the privacy to give the full and thoughtful attention to the union's message that the workplace generally does not permit"); Farmers Home Admin. Finance Office, 23 F. L. R. A. 788, 796-797 (1986). This determination, which has been upheld by several Courts of Appeals,4 is not before us. Nor is there any dispute that the addresses are "reasonably available." Therefore, unless disclosure is "prohibited by law," agencies such as petitioners must release home addresses to exclusive representatives upon request.

Petitioners contend that the Privacy Act prohibits disclosure. This statute provides in part:

4 See, e. g., FLRA v. Department of Defense, Army and Air Force Exchange Serv., 984 F. 2d 370, 373 (CA10 1993); Department of Veterans Affairs, supra, at 507-508.

493

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