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57 FLRA No. 176
U. S. Dept. of The Army, Headquarters, Fort Monroe, Virginia and NAGE, Local R4-11, SEIU, AFL-CIO, Case No. WA-CA-00395 (Decided May 24, 2002)
The complaint alleged that the Respondent violated § 7116(a)(1), (5) and (8) of the Federal Service Labor-Management Relations Statute by refusing to furnish the Union with copies of a Table of Distributions and Allowances (TDA) and a Most Efficient Organization (MEO). The Judge found that the Respondent's refusal to provide the Union with a copy of the TDA violated the Statute, while the Respondent's failure to furnish a copy of the MEO to the Union did not. The Authority denied the General Counsel's exceptions and adopted the Judge's findings, conclusions, and recommended Order only to the extent consistent with this decision.
The Authority explained that 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; (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. Here, the Authority found, in agreement with the Judge, that Circular A-76 prohibited the release of the MEO prior to the announcement of the tentative decision on contacting out the work under study. Therefore, also in agreement with the Judge, the Respondent's reliance on Circular A-76 was a proper basis for denying the Union's information request. In addition, the Authority found that the Respondent established sufficient countervailing interests warranting non-disclosure of the MEO at the time it was requested.