Supplemental Agreement

Between

Federal Correctional Institution and Satellite Facilities

Federal Prison Industries, Inc.

And

Local No. 0709, American Federation of Government Employees

Littleton, Colorado 80123

PREAMBLE

Section a: Identification of parties thereof: This supplemental agreement is made and entered into by and between the Federal Correctional Institution - Englewood hereinafter referred to as the “Employer” and the American Federation of Government Employees, Local 0709, hereinafter referred to as the “Union”.

Section b: The Employer and the Union agree to promote effective and efficient work habits on the part of all employees. The Union agrees to support the Employer by promoting responsible staff conduct and performance while emphasizing good internal and community relations. The Union will also support the Employer through encouraging employee timeliness, effective utilization of resources, and sound safety practices. It is understood that all persons involved in Employer-Union relations, including supervisors and stewards will assert themselves in a professional manner in their mutual dealings and will assume responsibility for conforming to appropriate standards of personal contact. All employees shall be treated fairly and equitably with dignity in all aspects of personnel management with proper regard and protection of their privacy and constitutional rights.

ARTICLE 1

RECOGNITION

The Union is the exclusive representative of the bargaining unit employees and, as such, the Employer and the Union agree to jointly enforce the provisions of the current master agreement and supplemental agreement and any items agreed upon at local labor management meetings (LMR).

The Employer acknowledges that the constitutionally elected officers and duly designated representatives of Local 0709 shall represent the bargaining unit employees of this institution at meetings with the Employer to discuss appropriate matters and promote and protect the unit employee’s interest.

ARTICLE 2

JOINT LABOR-MANAGEMENT RELATIONS

Section a: The joint Labor Management Relations committee shall consist of five (5) representatives of the Employer and the Union with an optional guest: There shall be a quorum of a minimum of three (3) members for the purpose of holding such a meeting. All agenda items must be submitted seven (7) days prior to the meeting, in writing. The Employer will provide relief for staff to attend.

Section b: Following each meeting, the Employer will provide a copy of the minutes to the Local 0709 President and the Chief of LMR. The minutes will be reviewed, signed and posted within ten (10) working days at the Federal Detention Center and the Federal Correctional Institution.

Section c: The Employer will furnish the Union a list of the names, alphabetically, of all bargaining employees, to include UNICOR, on a monthly basis, with union status.

Section d: The Employer agrees to provide the appropriate Union representative a copy of the Institution Familiarization schedule or similar document which includes the names of new employees. During orientation, the Union will be allotted 45 minutes to meet with new employees in the capacity of exclusive representative.

Section e: An annual review of adverse/disciplinary actions of bargaining and non-bargaining members will be provided to the Union. This review will consist of the number of disciplinary actions processed, the charges, proposals, and the final decisions imposed. No employee names or other identifying information will be provided.

ARTICLE 3

GOVERNING REGULATIONS

Section a: In the event that the Union invokes negotiations on a supplement, the Employer must be notified in writing, and the negotiations will take place within thirty (30) calendar days of the date that negotiations are invoked.

ARTICLE 4

RELATIONSHIP OF THIS AGREEMENT TO BUREAU POLICIES, REGULATIONS, AND PRACTICES

Prior to the implementation in working conditions, the Employer will ordinarily provide notification within one (1) business day to the Union.

ARTICLE 5

RIGHTS OF THE EMPLOYER

As stated in the Master Agreement.

ARTICLE 6

RIGHTS OF THE EMPLOYEE

Section a: Upon disapproval of a suggestion by an employee to the Incentive Awards Committee, the employee involved will be given written notification of the reasons for the decision.

Section b: In the absence of any employee’s request to the contrary, the Employer agrees to publish in the Institution quarterly newsletter, the names of employees receiving awards.

Section c: Upon request, the Employer will make available to each unit employee a copy for review of all available federal employee health benefit brochures.

Section d: The local supplemental agreement will be made available via LAN. The Employer will provide 150 copies of the local supplemental agreement to the Union president.

Section e: An employee may direct inquires (to include permissible copies) to the Paralegal Office regarding the status of their tort claims or any inmate lawsuit at any given time.

Section f: Correctional services staff will be provided individual institutional mailboxes, and personal computers to include printers where feasible, in an area that is not accessible to inmates. This area will be secured by a locking door.

Section g: Due to the sensitivity of information involved, i.e. labor/management settlements, and privacy act concerns, all inquiries during vouchering regarding disciplinary/adverse actions against a bargaining unit staff member, will be verified by the HRM department.

Section h: All warrants and subpoenas will be served in the privacy of the HRM Conference Room, or when not available in the Paralegal’s office.

Section i: Ties are optional for non-uniformed staff, except for involvement in planned public functions.

Section j: Staff will be given sufficient notice to dress appropriately for planned shakedowns, such as those periodic shakedowns to rid housing areas of nuisance contraband.

Section k: Staff have the right to refuse an unlawful order when it violates a law(s).

Section l: Staff will be notified that they are under investigation, where practical, when it will not jeopardize the integrity of the case.

ARTICLE 7

RIGHTS OF THE UNION

Section a: When the Union president is unavailable, the following Union officials are delegated authority in the following order: vice-president, treasurer, chief steward and secretary.

Section b: Management and the Union will participate in annual refresher training by providing classes on union and management related matters.

Section c: Any time there is a change to the published institutional meetings, the Union president or designated representative will be notified of the meeting.

ARTICLE 8

UNION DUES BY PAYROLL DEDUCTION

Section a: Whenever dues deductions are terminated by the Employer, the Union will be notified of the reasons for such actions, ordinarily within three (3) working days.

ARTICLE 9

NEGOTIATIONS AT THE LOCAL LEVEL

As stated in the Master Agreement.

ARTICLE 10

UNION REPRESENTATION ON COMMITTEES

As stated in the Master Agreement.

ARTICLE 11

OFFICIAL TIME

As stated in the Master Agreement.

ARTICLE 12

USE OF OFFICIAL FACILITIES

Section a: The training building will be made available for uninterrupted regular monthly meetings of the Union. Meetings will be held on the second Tuesday of the month at 4:15 p.m. Special meetings may be held at the training building at the request of the local Union, provided fifteen (15) days advance notification is given and the training building is available. The Union agrees to clean up after each meeting.

Section b: The Employer will furnish five (5) 24-hour key rings to the Union, to include the Union Office, Union mailbox, and Union Bulletin Board. Two of the key rings will include the key to the front door to the Training Center, where the Union Office is located.

Section c: The Employer agrees to furnish bulletin boards in the administration building, Federal Detention Center, and Officer’s Lounge for the exclusive use of the Union.

Section d: The Union telephone number will be published in the Institution Directory.

Section e: The Union’s monthly meeting will be published in the institution’s supplement on meetings.

Section f: In the event of an emergency and employees are stranded at the Institution, employees will be allowed to sleep at the Training Center. A reasonable effort will be made to provide sleeping provisions.

Section g: The staff lounge will be provided and equipped with vending machines, microwave, refrigerator, air conditioning, t.v./VCR, computers and printers where feasible. The Union agrees to buy furniture, if it can not be obtained through government resources. Inmates will only be allowed access for the purpose of cleaning and will be supervised at all times.

Section h: A staff dining room will be made available to all FCI employees. During the lunch meal at FCI, the staff dining room will have a fully stocked serving line. During the evening meal at FCI, FPC, and FDC, staff may go behind the line.

ARTICLE 13

QUESTIONNAIRES

Section a: At the discretion of the Warden, the Union will be given a copy of the Institution Character Profile. Upon request of the Union, they will be provided a copy of any FCI Englewood Program Review Summary.

ARTICLE 14

EMPLOYEE PERFORMANCE AND RATINGS

Section a: Entries in performance logs in all departments will be legible.

Section b: Performance log entries, performance discussions, and performance evaluations will be done during the employee’s tour of duty in a private setting unless otherwise requested by the employee. Upon request, employees will be given a copy of their log entry(s).

ARTICLE 15

OUTSIDE EMPLOYMENT

As stated in the Master Agreement.

ARTICLE 16

POSITION DESCRIPTION AND REVIEW

Section a: The Union will be notified in advance of all impending desk audits specifying the position(s) to be reviewed.

Section b: The Employer will consider the input of the staff during the annual cyclic review of the position description. Copies of changes to the position description will be provided upon request.

ARTICLE 17

EMPLOYEE PERSONNEL FILES

Section a: Outdated materials will be removed from personnel files during perpetual audits.

ARTICLE 18

HOURS OF WORK

Section a: The Employer agrees that, when an employee continuously works in excess of three (3) hours immediately following their shift, they shall be allowed thirty (30) minutes on non-paid status.

Section b: Should mandatory overtime in correctional services be required, the following procedures will be followed:

          1) exhaust the overtime sign up sheet

          2) contact those on post

          3) contact those on their days off

          4) the staff member will be selected using the reverse seniority list

          5) the Union president or their designee will ordinarily be contacted prior to           invoking the mandatory overtime list; however, if not feasible the union president           or designee will be notified prior to the end of the affected shift.

          6) a log book will be maintained in the Lieutenant’s office of the mandatory           overtime to ensure a fair and equitable rotation.

Should mandatory overtime be required in other departments, a mandatory list or other appropriate procedures to ensure equity may be invoked.

Section c: The following steps will be followed when establishing overtime lists in correctional services:

          1) Staff are responsible for providing the information to request overtime to the           Employer.

          2) The overtime sign up sheet will be maintained and completed by the                Employer and secured in his desk when not in use.

          3) Staff may not sign up for other staff.

          4) The list will begin at 9:00 am on Friday for the following week. The Lieutenant           will make note of staff calling in for overtime sign up. The staff calling in will not           take priority over staff present, but will be added to the list in order of their call.

Section d: The following steps will be followed using the sign up procedures:

          1) Staff will be called in order as they appear on the list for the required shift.           Staff will not work a second overtime during the seven (7) day period until the list           has been rotated through beginning at the top of the list for each day.

          2) Each time a staff member is called the indicated box will be marked as             follows: W - worked, R - refused overtime, N/C - no contact with staff, and the           box will be initialed by the Lieutenant.

          3) The indicated box will then be highlighted to verify that the staff was provided           a fair and equitable opportunity for overtime. Boxes with a “W” or “R” will not           have another opportunity until the list is rotated through, beginning at the top of           the list for each day. Staff with “NC” will be skipped for that day, and                   reconsidered during the next day’s rotation of the list.

          4) Management will make every effort to post overtime no later than the next pay           period.

          5) Any overtime for four (4) hours or less shall be at the Employer’s discretion,           after such time, the sign-up sheets will be utilized.

Section e: Both parties recognize that holidays are an important and favorable time to be in off-duty status. Recognizing this fact, the Employer shall make a reasonable effort to honor requests by its members to either have the holiday off or to work a holiday. The Employer agrees that employees in a five-day post will normally have the holiday off. Liberal leave days may be considered after holidays.

Section f: In the event a supervisor denies the request of employees to exchange work assignments, day off, and/or shift hours, the reasons for denial will be presented to the employee verbally or in writing, upon request.

Section g: If changes are made in the posted roster of any department within the institution, a copy will be routed to the Union.

Section h: The Employer will make every effort to contact the employee when there is a change in the work assignment.

                                                                                                ARTICLE 19

ANNUAL LEAVE

Section a: Each department will post a seniority list of staff prior to bidding on annual leave.

Section b: In the event two (2) or more employees have the same total length of Bureau of Prison service time, a coin toss will determine first place.

Section c: Annual leave will be scheduled in accordance with the methods listed below:

          1) Annual leave will be scheduled in one or two consecutive week increments.

          2) Annual leave requested in two consecutive week increments can cross pay           periods.

          3) Rounds will be based on seniority.

          4) Selections will be made using rounds until all scheduling has been completed.

The total leave year scheduling, as applicable to this article, shall be a system employing use of a chart showing the available leave slots for each leave period, whereby the employee will be afforded the opportunity to physically see the slots selected prior to his opportunity to select, along with those slots selected prior to his opportunity to select, along with those slots available to him at the time of his selection.

Section d: After finalization of the annual leave roster, it will be made available to each employee in the department prior to the beginning of the new leave year. A copy of the annual leave roster will be posted.

Section e: Every effort will be made to notify and relieve the employee when a personal emergency situation arises.

Section f: The Employer agrees to have two (2) Union representatives attend the annual leave committee for correctional services.

ARTICLE 20

SICK LEAVE

Section a: When an employee calls in requesting sick leave, the supervisor receiving the initial notification will ask only those questions in accordance with laws, rules and regulations.

Section b: If an employee becomes ill on the job, the Employer will relieve the employee.

ARTICLE 21

TRAINING

Section a: An employee’s performance evaluation or any merit consideration shall not be adversely affected because he/she does not take agency training in off-duty status.

ARTICLE 22

EQUAL EMPLOYMENT OPPORTUNITY

Section a: Copies of all institution policies and procedures relating to the administration of EEO and affirmative action programs will be provided to the Union president upon request.

ARTICLE 23

UPWARD MOBILITY

Section a: The Employer will identify all upward mobility positions in pending local supplements and copies of these supplements will be made available to staff upon request. By the last day of January, the Employer will provide the Union a list of all upward mobility positions filled in the preceding year.

ARTICLE 24

EMPLOYMENT OF RELATIVES

As stated in the Master Agreement.

ARTICLE 25

REDUCTION IN FORCE, TRANSFER OF FUNCTION, AND REORGANIZATION

As stated in the Master Agreement.

ARTICLE 26

RETIREMENT AND RESIGNATION

As stated in the Master Agreement.

ARTICLE 27

HEALTH AND SAFETY

Section a: The Employer agrees to notify any staff member of a threat to his/her life/safety which has been substantiated, unless such notification will hamper the investigation.

Section b: Employees will be allowed reasonable time to go home, or change clothes, and clean up whenever they come into contact with bodily fluids.

ARTICLE 28

UNIFORM CLOTHING

Section a: Vests will be cleaned from October 1 to April 30 every other week. Vests will be cleaned from May 1 to September 30 once a week.

ARTICLE 29

WORK SITE CONDITIONS

Section a: The Employer agrees to provide and maintain designated parking areas for private vehicles for employees assigned to work at FCI, FDC, and FPC.

Section b: The Employer will provide employees with reasonable access to an outside telephone line in all immediate work areas where practical.

Section c: In the event that there is a call received for an employee that is identified as an emergency, they will be provided immediate access to a telephone.

Section d: Management will make every effort to keep the walkway along the fence line clean and free of snow and ice.

Section e: Staff toilet facilities will not be used for inmate urinalysis testing. Staff toilet facilities will not be utilized for visual searches except in the case of an emergency. The public toilet facility located in the main FDC lobby area will be designated for inmate visual searches.

ARTICLE 30

DISCIPLINARY AND ADVERSE ACTIONS

Section a: The Douglas Factors will continue to be considered in all disciplinary/adverse actions.

Section b: When the person being interviewed is accompanied by a Union representative, the role of the representative includes, but is not limited to the following rights:

          1) to clarify the questions

          2) to clarify the answers

          3) to assist the employee in providing favorable or extenuating facts

          4) to suggest other employees who have knowledge of relevant facts; and

          5) to advise the employee

ARTICLE 31

GRIEVANCE PROCEDURE

As stated in the Master Agreement.

ARTICLE 32

ARBITRATION

As stated in the Master Agreement.

ARTICLE 33

MERIT PROMOTION

As stated in the Master Agreement.

ARTICLE 34

EMPLOYEE ASSISTANCE PROGRAM

As stated in the Master Agreement.

ARTICLE 35

PRIORITY PLACEMENT PROGRAM

As stated in the Master Agreement.

ARTICLE 36

HUMAN RESOURCE MANAGEMENT

As stated in the Master Agreement.

ARTICLE 37

SEXUAL HARASSMENT

As stated in the Master Agreement.

ARTICLE 38

QUALIFIED HANDICAPPED EMPLOYEES

As stated in the Master Agreement.

ARTICLE 39

FURLOUGHS

As stated in the Master Agreement.

ARTICLE 40

ASBESTOS

As stated in the Master Agreement.

ARTICLE 41

PUBLICATION AND DISTRIBUTION OF THIS AGREEMENT

Section a: The Employer agrees to provide the Local Supplemental Agreement to all new employees during orientation.

ARTICLE 42

EFFECTIVE DATE AND DURATION OF THIS AGREEMENT

As stated in the Master Agreement.

IN WITNESS WHEREOF the Local Partnership Council hereto entered into this

Local Supplemental Agreement

on the __6th___ day of January, 1999

Revisions Completed on Local Supplemental Agreement

on the 8^th day of April, 1999

_____//s//___________________                     ___//s//___________________

Robert E. Holton, AW(O)                                    Erica Shields, President

Chief LMR                                                          Local 0709

Final Revisions Completed on Local Supplemental Agreement

on the 18^th day of May, 1999.

_____//s//___________________                     ___//s//____________________

Robert E. Holton, AW(O)                                    Erica Shields, President

Chief LMR                                                          Local 0709