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Dan Bethea
SOUTHEAST REGIONAL VICE PRESIDENT
COUNCIL OF PRISON LOCALS 33

 

 

Well, it has surely been busy since the elections. I first would like to thank everyone for the confidence placed in me to lead this region for the next two years. One of the first course of actions was to intervene at FPC Eglin in an attempt to help resolve some of the issues between the local union and management. This trip was a success and I'd like to extend my thanks to Bill Morris and his E‑Board for their hospitality and dedicated work.

Secondly, it was imperative that I meet with Regional Director, Ray Holt to discuss the many issues arising in our region recently. The following is the results of that meeting:

 

ATLANTA -

1.                        1.ULP filed on management abolishing unicor positions while staff were already selected for positions and the union was not notified. Response: Positions did not exist ,Warden was in error in announcing and filling. At the Regional level nothing can be done because these positions do not exist at this time. ULP process will proceed.

 

                               2. GS-8 board grievance filed to the Regional Director has not been answered within                         time frame. Response: Union President will get response from Regional Director.

 

              3. Access to bargaining unit employees assigned to the Regional Office, access for                          Union president to walk and greet employees and answer any questions they might                         have. Response: Union president is to call Regional Director and set appointment                    to speak to him in person as to times and arrangements prior to coming over.

 

FCC COLEMAN-

2.                        1. Filling positions at the Low and Medium institutions to adhere to arbitration decisions. Response: Warden will have to adhere to decision with no additional staffing authorization from Regional Office.

3.                        2. Settlement of premium pay grievance and associated request for information.


 

                   Response: Regional Director will check on this as to managements responsibility,                    and as to information to be provided to Locals with this grievance filed.                         

 

ESTILL-

·                             1. Officer Pashion Williams being harassed and managements total lack of respect and common courtesy during a staff members medical emergency.

             EEO complaint filed. Response: Regional Director is aware now of situation and will further monitor this and any others complaints.

 

             . EGLIN

·                             16 ULP’s in past 12 months

·                             Intentional violation of four sections of a FLRA posting by HSA (ULP Filed)

·                             HRM misuse of government vehicle and time(OIG and congressional investigation on allegations on this matter)

·                             HRM claims warden gave the authorization of misuse, Warden denies but yet no action taken against HRM

·                             EGLIN (continued)

·                             Management violating protected representation rights by not notifying Union President of any formal discussions or staff members requesting a union representative. Management selects rep for staff member instead of union president.

·                             ULP filed on HSA for changing working conditions without notifying the union

.              Bargaining in bad faith .(changing work hours)

·                             ULP filed on HSA for interfering with Chief steward attempt to properly represent a bargaining unit employee. Would not let staff member or chosen union rep make copy of performance file. Attempted to hide documents in attempt to not provide Copy to staff member.

·                             ULP denial of official time on 8/30/01

·                             ULP denial of official time on 9/4/01

·                             ULP violation of Weingarten rights by SIS Lieutenant refused union rep to staff member after staff member invoked his right to have one.(Warden removed SIS lieutenant from SIS post).

·                             ULP - HSA refused to negotiate compressed schedule for DAP.

·                             Warden refusing to hold management staff accountable for code of conduct, Master Agreement and Federal Labor law violations.

·                             Poor or no substantial LMR Response: Will continue to work with SERVP to improve the communication gap between management and Local President.

·                             ULP’s will go through the appointed process.

                   

EDGEFIELD

·                             Continuos loss of new hire employees. The union request a copy of acceptability standards applied to new hires so that the Union can properly represent newly hired staff .Response: Regional Director will check into this and get back with SERVP.

GLYNCO

·                             - Glynco falls under the Cental Office, due to the fact that the local deals solely with the SERVP . It is requested that the Southeast Regional Office except responsibility for all union related issues. Response: No, will leave as is.

 

JESUP-

·                             Constant harassment and unfounded allegations against the Union president. Response: Even though Union President has gone through the investigation process and has been found to committed no wrong. Management has to refer allegations as they are brought forward by staff..

·                             Compressed work schedules being challenged by local management when 95% of region is having no problems implementing and approving compressed schedules. Response: Regional Director will check into this.

 


 

·                             Poor LMR and lack of successful communication. Response: Will continue to assist SERVP in stressing better successful communication between Local and Management.

 

MARIANNA-

·                             Management continuing to violate arbitration award on vacating of post.

               Case to be heard by ALJ on October 3,2001Response: Regional Director does not advocate vacating post. Wardens have to identify necessary post and manage their complement of staff to try and not vacate post.

 

FDC MIAMI-

·                             Warden Wetzel’s constant repudiation of the Master Agreement and LMR agreements.

·                             (Addressed under another section of this report)

·                             ULP filed for Warden going back on signed agreement through LMR to provide $75.00 shoe allowance to staff.(resolved 10/3/01)

·                             ULP filed on management for failure to notify union president on all formal discussion and staff investigations.(Response: Will address with Wardens at Wardens conference as to assure Union Presidents are informed ,where local president can assign appropriate rep.)

FDC MIAMI(continued)

 

·                             Grievance filed for management violating representational rights of the Union by wrongly interpreting P.S. 3730.04 Work place violence and utilizing this to conduct unlawful staff investigations without the Union president being given proper notification. Response: Wardens have to use their best desecration as to utilizing threat assessment groups. When utilized Wardens will follow the Master Agreement to ensure union representation rights are followed.

·                             Grievance filed on management violating Master Agreement for making employees wear ties on post. Response: Local management will sit down with Local union to address local institutional supplement.

·                             PA Rusty Lang to be returned to work. Was unjustly disciplined and harassed for union activities. Arbitrator has already ruled in this case and stipulated that he be returned to work .Agency still insist on trying to ruin this man financially by appealing the ruling. Management officials who intentionally lied on this man have yet to be disciplined. Response: Management will let this go through the appeal process and will adhere to final decision. After appeal comes back exonerating Mr. Lang SERVP will ask for a OI investigation into management officials who provided false statements and testimony.

 

·                             LMR Spokesperson needs to be replaced with someone who understands the common principals of successful LMR. Response: SERVP will discuss this with the Warden as ways to improve LMR at this institution.

 

FCI MIAMI-

 · Settlement of premium pay grievance and associated request for information. Response: see FCC Coleman response.

 · Grievance on management not providing a duty free lunch .Response: Management responsibility to provide relieve, staff members responsibility to notify lieutenant. Grievance process will continue if local and management cannot come to agreement prior to arbitration.

 · Grievance on Landscape position being filled without advertising .Response: Position was not announced or filled to date.

 

TALLEDEGA-

·                             unnecessary picture card counts at the camp. This was temporarily instituted by former Regional Director but has been discontinued except for Talladega .Response: Regional Director stresses importance of security at camps due to previous walk offs. Regional Director will check with other institutions as to what they are practicing and will get back with SERVP.


 

·                             Vacating of post Response: see earlier response to Marianna

 

TALLAHASSEE-

·                             Failure to provide union president with sanitized disciplinary log of bargaining unit and management staff .Response: Regional Director will check into this.

·                             Failure of warden to discipline personnel staff member who was found guilty of intentionally shredding/misplacing paperwork in conjunction to a promotion board.

              Was recommended three days suspension yet has not received that action to date                               Response: Was recommended one day suspension ,written reprimand issued.

·                             .Disparity in discipline when it comes to line staff and management. Response: There will be disparity and he will hold his managers to a higher standard than line staff.

YAZOO CITY

·                             Grievance filed on warden for unfairly issuing a fourteen day suspension to a Union Chief Steward who was medically incoherent. Has continued to harass this employee to the point of him requesting a transfer .Response: Will check back into case after concerns were discussed concerning actions of EDM in this case.

·                             Grievance on duty free lunch. Response: see FCI Miami response.

·                             OIG referral for Unit Manager allowing fertilizer in inmates cubicle and after being confiscated twice by unit officers on two different shifts. The counselor reported incident to Warden but nothing was done.(Same counselor that received 14 day suspension mentioned in bullet one.)Response: Regional Director will check into this.

·                             Warden not holding managers accountable for Master agreement and Federal Labor laws violations. Response: Wardens will be held accountable if they are outside of any laws ,rules and regulations.

·                             Disparity in disciplinary actions given to line staff verses management staff. See earlier response to Tallahassee.

 

SERVP

·                             Regional director answering all properly filed grievances he receives .Response: Regional Director feels that majority of issues need to be addressed to the Wardens. When Local presidents make a concerted effort to informally resolve issue with the Warden and results are negative he will answer all Just and properly written grievances to him. He also wants copy of grievance faxed to SERVP prior to submission in a attempt to give the SERVP a chance to informally resolve with the Warden. This in no way will keep a local from keeping with deadlines.

·                             Hold Wardens accountable when they ignore violations brought to their attention by the union or bargaining unit staff. Response: Wardens will be held accountable for violations of all laws, rules and regulations they are aware are violated and not acted on.

·                             ADR- removal from SE Region Response: Since this pilot is in Marrianna and was agreed to be tested until 2002. The Regional Director and the SERVP will consult with Marrianna parties to see the progress of this program. After the two year test period is over the Regional Director and the SERVP will look at the program to see if it is to be continued or discontinued in this region. As it stands now I have informed the Regional Director I do not want it in this region but will address issue after completion of pilot period at the one institution it is in now.

 

 

                                                                                                         

 

 

 These were the issues we discussed, i will continue to insist that the Regional Director hold to his word and hold the SER wardens accountable.

With the upcoming Master Agreement being negotiated please bare with me as i am attempting to see all locals as soon as possible. Tentatively I am going to try and be in Estill,Jesup and Edgefied the last week in October.


 

Our Caucus will be in Pensacola this year we are targeting the first week of May as our date.

 

I will further update our page when a web master is selected.

 

 

                                                                         In Unity

 

                                                                    Daniel Bethea