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August 2009 Update
Western Region
AFGE/CPL Elections
The Council
of Prison Locals annual convention was held August 20-22 at the Nugget Hotel in Reno, Nevada.
In addition to other business, delegates voted for officers of the Council as follows: Bryan Lowry, President by acclamation;
Roger Payne, Secretary Treasurer; Mike Castelle, Fair Practices Coordinator;
Mike Rule, North Central Regional Vice President; Eric Young, Southeast Regional Vice President; Bill Gillette, Northeast Regional Vice President;
Dwayne Person, Mid Atlantic Regional Vice President by acclamation; Dale DeShotel , South
Central Regional Vice President; and Tim DeBolt, Western Regional Vice President by acclamation.
The AFGE convention was held in Reno August 24-29, 2009. Guest speakers included Richard
Trumka, AFL-CIO, and John Barry, Office of Personnel Management. The following AFGE national
officers were re-elected: John Gage, National President; J. David Cox, national Secretary-Treasurer; and Augusta
Thomas was elected to the position of Fair Practices Coordinator following the death this summer of Andrea Brooks.
Electronic Petition
The Council of Prison Locals, with the assistance and technological expertise of the AFGE Communications
Department, developed an electronic petition that sends our message to Attorney
General Eric Holder, your Congressperson, and your Senators with a few clicks of the mouse. The petition
can be signed electronically by any citizen, not just employees. It's user friendly, and immediate. The response
has been good, especially initially. We have about 3,000 electronic petitions signed by so far, but when you
consider we have over 20,000 members, it could be a lot better. The link is posted at www.cpl33.info and attached below. Please share the link with family, friends, and co-workers everywhere. Here's
a quick and easy way to be heard!
VRA Erroneous Appointments
After years of delay, the DOJ is finally sending all of the Bureau
of Prisons VRA Variance information to OPM the week of July 20, 2009. It remains to be seen however, if
the affected employees will be made whole for loss of seniority, retirement, or grade. This has not exactly been
a priority within the Bureau of Prisons or the Justice Department. The law changed in November, 2002, and Grand
Prairie was still keying personnel actions as late as December 2008. The variance request has now gone forward
to OPM for determination.
Background:
The Jobs for Veterans Act, which revised 38 USC, Veterans' Benefits,
was enacted on November 7, 2002, and changed the eligibility criteria under a VR appointment. The changes included:
* the
appointment authority changed from Veterans' Readjustment to Veterans' Recruitment
* active duty length of
service requirements were removed
* Vietnam-era verbiage was removed and replaced with "qualified covered veterans"
Whereas the VRA veterans had 10 years in which to be appointed under the authority, separated veterans now have 3 years
from discharge to be appointed using this authority. Accordingly, the Bureau of Prisons began a review of their
files for eligibility under the new criteria on or after November 7, 2002. The BoP review didn't even begin
until September, 2003, and was extended to February 24, 2004. There
were approximately 30 employees nationwide who didn't meet the new requirements and received new appointments.
Many of these employees lost pay and credit for erroneous service time for leave, law
enforcement retirement, and time in grade.
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HR 1990 / Oleoresin Capsicum Spray Pilot Program
Act of 2009
There are now eight co-sponsors to this bill, two from this region. Please continue to lobby for passage,
and don't forget to tell them WHY we need this program.
Dennis Cardoza, D-CA Sponsor
Co-Sponsors:
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The
National Criminal Justice Commission Act of 2009
AFGE and the CPL support this legislation sponsored by Senator Jim Webb which will create a blue ribbon commission to examine
the U.S. criminal justice system from top to bottom. Please encourage
your representatives to do the same. For more information please click here: http://webb.senate.gov/email/incardocs/FactSheeti.pdf
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63 FLRA No. 50/Merit Promotion Positions/Mission Critical Roster
As you know, the Union won a national arbitration award where the agency failed to bargain over the
Mission Critical Roster, specifically the employees who were removed from
positions for which they applied and were selected under Merit Promotion procedures. The arbitrator ruled
in favor of the Union, and ordered the agency to provide data requested by the Union prior to the hearing which would
identify employees negatively affected, and ordered the agency to bargain over procedures and appropriate arrangements of
the MCR. The agency appealed to the FLRA, and on March 16, 2009 lost again. The list of affected
employees has been provided. The Union and agency are currently in the process of scheduling negotiations.
Western Regional Caucus 2010
The 2010 caucus will once again be held at the Golden
Nugget Casino Hotel, May 3-7 in downtown Las Vegas.
Reservations may be made by calling Golden Nugget Reservations after January and identify your affiliation with AFGE/Council of Prison
Locals to obtain the negotiated group rate.
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Policy Negotiations-Vests
The Union and management at the national level could not resolve several proposals in the Stab Vest negotiations
. Many issues are being submitted as negotiability appeals, and the agreement remains in abeyance until decided by the
FLRA. In the meantime, staff are still subjected to the unreasonable and retaliatory procedures placed into effect
until negotiations are completed.
The Mail Management Manual is currently being negotiated at the monthly policy sessions.
The next meeting is scheduled for the week of September 28-October 2 in Washington D.C.
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CPL Convention 2009
Part Two
Fair Practices Coordinator
Mike Meserve, President at FDC Honolulu, was selected by the presidents for the position of Western Regional Fair
Practices Coordinator at the regional meeting held at the CPL convention in Reno, Nevada. He has held the position
for the past 6 months during the absence of Andre Davis, who served as the FPC until he was injured at work. Mike does
an excellent job working with other leaders and keeping the west informed on fair practice issues.
Office of Workman's Compensation Program (OWCP) Coordinator
Joe Mansour, President at FDC SeaTac, was selected by the local presidents in attendance as the OWCP coordinator
for the Western region. Joe has been assisting members with claims and now has the title to go with it. He has
also been sending helpful OWCP information to all local presidents in the Council. Because of the need for expertise
in the area of federal employee injury claims, the delegates at the convention passed a resolution that will allow the Council
to select an experienced individual to address OWCP issues on a nationwide scale.
Awards
The following annual awards were given during the Council of Prison Locals convention:
Most Improved Local was awarded to Local 1102, FDC SeaTac, Joe Mansour, President for their
aggressive leadership and increased activity level. Joe and his E-Board have elevated the level of representation to
new heights.
Outstanding Leadership was awarded to Mike Meserve, President at FDC Honolulu, HI. Mike
doesn't let his isolation keep him from staying on top of union issues and taking on additional duties as the regional
Fair Practices Coordinator. Mike also received an organizing award on behalf of Local 1218 for having the highest
percentage of members in the region at 92%!
70%Club
The following Locals have a union membership of 70% and above; FDC Honolulu, FDC SeaTac, MCC San
Diego, FCC Victorville, USP Lompoc, FCI Herlong, FCI Safford, FCI Terminal Island, FCC Tucson, USP Atwater, FCI Phoenix, MDC
Los Angeles, and FCI Dublin. Thirteen out of fifteen locals is outstanding!
AFGE Organizing Award
Local 1242, USP Atwater, Tim Herchenbach, President, received an award at the AFGE convention in Reno for
increasing membership by more than 80% in the last three years. Much of their recruitment has come
in the last year. The Local leaders there have done an outstanding job in building a union force to be reckoned
with.
Fallen Officer Scholarship Fund
Delegates at the CPL convention passed a constitutional proposal to establish an annual scholarship
fund for fallen officers in the amount of 1,000.00 per region. The fund will be for children or dependants of union
members and the criteria will be posted on the web site in the future. This fund is in addition to the 500.00 Jose
Rivera scholarship fund donated by the Correctional Peace Officers Foundation each year for the next two years.
Vest Negotiations
The parties met the weeks of November 17 and December 8 in Washington D.C. Progress is slow.
The next session is scheduled for the week of January 5, 2009.
White Paper/Transition Team
The American Federation of Government Employees (AFGE) and the Council of Prison Locals has developed
a white paper for the transition team of the incoming Obama administration to help them devise a sound strategy
for revitalizing and reforming the Bureau of Prisons (BOP) of the U.S. Department of Justice. A meeting is scheduled
for January 7, 2009 with the transition team in Washington D.C.
The AFGE Council of Prison Locals strongly recommends that the new Obama administration:
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(1) Increase federal funding of BOP to remedy the serious correctional officer under staffing and prison
inmate overcrowding problems that are plaguing BOP institutions. These two problems are resulting in significant increases
in prison inmate assaults against correctional officers and other prison inmates.
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(2) Adopt needed management policy changes for improving the safety and security of BOP penitentiaries.
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(3) Support the Federal Prison Industries (FPI) prison inmate work program.
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(4) Continue the existing prohibition against the use of federal funding for a public-private competition
under OMB Circular A-76 for work performed by federal employees of BOP and FPUS.
Dues Deduction Grievance
A national grievance was filed on December 17, 2008 concerning the frequent delays by the agency when employees
and union representatives submit form 1187 for Union dues deductions. The contract, Article 8, Section e. requires
that once an 1187 is received, deductions will begin no later than the second full pay period. If you have information,
please contact me.
Hazard Pay for Security Officers
AFGE was successful in winning an arbitration case for Local 3955 on behalf of the Lock & Security Specialists
at the U.S. Penitentiary in Tucson , AZ. The Arbitrator awarded these employees back pay of 25% of their salary in
hazard differential pay because they had been required to handle, transport and store explosive materials in the armory in
a manner that violated the federal regulations for the storage of these explosives. The Arbitrator held that not only
was the Federal Bureau of Prisons at Tucson violating federal regulations, but they were also violating the health and safety
provisions of the Master Agreement by not lowering the inherent hazards of the prison to the lowest level possible, as is
required by the Master Agreement. The Arbitrator also ordered the Agency to bring itself into compliance with the Code
of Federal Regulations requirements for the storage of these explosive materials.
NEW: After consultation with the AFGE General Counsel's Office, the Union is preparing to
file a national grievance if necessary. Attempts at informal resolution with the agency are under way.
Uniform Update
The agency has extended the deadline for the new uniform until
June 1, 2009. The sallyport message is posted below:
Several options to the new uniform are now available for staff. Most importantly, there will be
a new fabric option of poly blend material for the shirts and pants. In addition, the seams of the trousers and thread material
will be changed for better durability.
Further modifications include a fire-retardant option for the uniform, a material
change for the dress blazer, and replacement of the brass buttons on the dress blazer with blue plastic buttons. Any options
will be acceptable for the new uniform for the determinable future.
All staff will be required to be in the new uniform
on June 1, 2009. The old uniform will no longer be acceptable after May 31, 2009. All vendors currently on the approved vendor
list have been informed of these changes and are capable of supplying the options.
Fallen Correctional Officer Honored With Plaque
A special thanks to Barry Fredieu, President, USP Lompoc, and other members of Local 3048 for their
hard work in maintaining the memorial grounds and the organization of this event. The ceremony was attended
by the Rivera family, members of the Williams family, Tim Herchenbach, President, USP Atwater, Kim Blakely, CPOF,
and Bryan Lowry, CPL President.
Santa Barbara New Press December 20, 2008: In April 1997, 29-year
old Correctional Officer Scott Williams, a Marine veteran and father of two, was stabbed to death by an inmate at the Lompoc
Federal Penitentiary. Just 11 years later, 22-year-old Navy veteran and new correctional officer Jose Rivera was stabbed to
death by two inmates while working at the United States Penitentiary at Atwater. He was the first correctional officer killed
in the line of duty since Mr. Williams' death. In a ceremony this morning at 10, a plaque recognizing Mr. Rivera will be placed
alongside the names of other fallen correctional officers at the Scott J. Williams Memorial Park, located near penitentiary
staff housing, just west of downtown Lompoc.
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The following is a recent update from Bryan Lowry, CPL President:
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To all Local President's:
Master Agreement Ratification
The ratification ballots are being mailed out today, Monday, December 15, 2008. We have placed an instruction letter
regarding procedures inside of the packet envelope. Please review this letter concerning time frames for return
to address listed on the letter.
There were several unsubstantial section letter references that have been identified in the New Master Agreement which
have been corrected since I sent all of you the final version on December 3, 2008. These are only section letter and
number changes. These are now accurate references as noted, and were submitted to and corrected by the Agency.
I have attached the corrected Master Agreement version above. Again, no substance language was changed, only whats listed
as a correction to the previous version. I have also listed these newly noted changes below for your review. The
ballot also has a signature section for the Local President or designee, as well as a line for Article references on
the back side of the ballot The ballot is only one, two sided page.
1)Article 28 section A, 1 & 2 should be changed from section e to section M (referencing Article
6, section M).
2) Article 6
- section F - change to section E in the
text of the section.
- section G - change to section E in the text of the section.
- section H - first sentence, change to under Sections E or F (from F or G)
- section I - change I(1) to "investigations under section E or F" [NOTE: your request is
only partially a typo, we did not negotiate to include section F - - however, we will agree to state E or F].
3)
Article 11
- change section B to state Appendix D (instead of C)
- change section C (3)(e) to Section E (Article 6 reference)
4) Article 18
- change section D (2)(a) to Appendix C from Appendix
B.
FLSA
I was notified by Central Office LMR that all payout information was submitted
to Grand Prairie for calculation and payout. The initial problem regarding the payout was due NFC refusing to a commit
to a current time frame for processing. After a lengthy DOJ involvement the Agency determined they would initiate
the payouts themselves through Grand Prairie. I was told last week that our affected members will begin receiving
their payout in Feb. 09.
BOP LANS WARNING BANNER
I have attached an Agency proposed LANS Computer sign on page I was given on Thursday, December 11,
2008. The current and proposed language is both attached for your review. The Agency claims that DOJ has requested
that all DOJ components make this language change. We are invoking on this change today in order to protect time
frames and confer with the AFGE GCO. We believe based on certain case law that staff still have an expectation
to some amount of privacy rights while on duty.
Transition Letter
I have attached the BOP Transition Letter that has recently been submitted to President Elect Obama's White House Transition
Team in regards to BOP budget shortfalls, policy and directive change failures, Unicor's importance
to our mission, and the deterioration of staff safety and the secure and orderly running of institutions due primarily to
a decreased workforce while the population has increased and became more volatile. Most of this information can be used as
reference point fact and figure data when you visit and educate your legislators.
Hazardous Duty Pay
Recently Local 3955 Tucson, won an arbitration decision regarding Security Officer's in the BOP who were not receiving
25% hazardous duty pay as other Gov't Agencies pay staff to handle and store exposives and munitions. An AFGE Attorney
represented the Local in the case. We have requested the GCO at AFGE to review this in reference to a Council Grievance
in lieu of Local Grievance's. We also requested that they provide representation, hopefully the same attorney since
he has already researched and represented this matter successfully in front of a third party. Mark Roth stated today
he would get back with us quickly on this matter. We will keep you posted.
Incidents and Lockdowns
Please continue to report all assault and lockdown information as it occurs at your institutions. This information
has been used as as an effective tool in educating our legislators of serious and dangerous threats our staff are facing that
work in our prisons. Several key Senators and Congresspersons have been very receptive to our issues based on these
reports.
In Unity!
Bryan Lowry
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