BP-S176.037 FORMAL GRIEVANCE FORM CDFRM

MAY 1994

U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS

1.Grievent(s) American Federation of Government Emplyees, Local 709

2.Duty Station: FEDERAL CORRECTIONAL INSTITUTION, Littleton, CO

3.Representative of Grievnt(s)

(name person) COUNCIL OF PRISON LOCALS 33

4. Informal resolution attempted with 

M.K.NALLY, North Central Regional Director  

J. L. Norwood, Warden

5.Federal Prison system Directive, Executive Order, Statute violation: 5 U.S.C. 7116 (a)(5)Failure to negotiate in good faith,(8)to otherwise fail or refuse to comply with any provision of this chapter. MASTER AGREEMENT, to include ARTICLEs 3, SECTION C. MASTER AGREEMENT, ARTICLE 4, SECTION A, B AND C. MASTER AGREEMENT, ARTICLE 6, SECTION B(6). MASTER AGREEMENT, ARTICLE 7, SECTION B.

6. In what way were each of the above violated? Be specific.

On December 23, 2004, Assistant Director, John Vanyur sent a memo to all Regional Directors giving instructions to create a mission critical roster. Once these rosters were approved regionally, they were posted by February 6, 2005. On January 5^th, 2005, the Director notified Phil Glover, Council President, that he would sending this change to all BOP staff via the sallyport electronic mail system. This is direct violation of Articles 3 and 4, which states “The union and Agency representatives will meet and negotiate on any and all policies, practices, and procedures which impact conditions of employment”.

On January 11 and January 12, 2005, the agency stated through its representative Joe Chapin “we are here discussing the issue but we not negotiating.” On January 12, Joe Chapin stated that the agency would agree to some items, but would not put anything in writing because he did not want to give the appearance of bargaining.

Currently, the agency and the union are in negotiations for a new contract. Approximately four months ago, Article 18 (Scheduling) was mutually tabled. The change that the agency implemented on February 6^th, was essentially the same as their bargaining proposals for Article 18. The agency is using budgetary constraints to circumvent proper bargaining as outlined in 5 USC and the Master Agreement. This is clearly bad faith bargaining.  

On January 21, 2005, I submitted a request to the Regional Director with a copy to Warden Norward, again requesting to negotiate the changes to our custodial roster. On February 9, 2005, I received a reply from Ms. Sandra L. Otting, Regional Employees Services Administrator, stating that she forwarded my request to the institution for a reply. On February 10, I received a reply from Warden Norwood, stating, “The agency asserts that it has no duty to bargain over the use of mission critical posts...All three memos are attached

On February 5, 2005, M.K. Nally, North Central Region Director, implemented a change to an established practice without providing the Union proper notice as required by Article 3 section c. This change also violates 5 U.S.C. 7116 (a)(5)(8), Article 3 and Article 7 section b. of the Master Agreement by circumventing negotiating procedures, times frames, and implementation prior to proper notification and completion of negotiation procedures.

7.Date(s) of violation(s) January 5, 2005 and continuing

8.Request remedy (i.e., what you want done) 1.The arbitrator will issue a cease and desist order to Mr. Nally from further action of this nature and order the agency to remain at status quo. 2.The Arbitrator will order the agency to enter into a binding agreement and the agency will abide by the Master Agreement. 3. The grievant will suffer no reprisal, harassment, or intimidation, as a result of filling this grievance. 4. All attorney, legal fees and expenses incurred in the processing this grievance will be reimbursed by the agency. 5. The arbitrator will order the agency to post on every bulletin board maintained by the agency. It will be a bright 8.5 by 14 paper using letters 3 inches high stating, “Management will no longer ignore the rights of the Union and the rights of the bargaining unit staff in matters of changing working conditions”. The body of the message will explain the actions taken by the agency and how those actions violated the law and the Master Agreement. This body should be printed in 12 point font and the posting is to be signed by the M.K. Nally. 6. That suitable compensations are granted and any other remedy the arbitrator deems appropriate to make the employees whole.

9.Person with whom filed

Joe Chapin

10.Title

Chief of Labor Relations (for the Director)

11.Signature of recipient

12.Date signed

I hereby certify that efforts at informal resolution have been unsuccessful.

13.Signature of Grievent(s)

14.Signature of Representative