American Federation of GovernmentEmployees
Council of Prison
August 18, 2004
To: Harley Lappin, Director, Bureau of Prisons
Subj: Data Request
From: Aubrey Francis, North Central Regional Vice President CPL-33
A. The Union is recognized as the sole and exclusive representative for the bargaining unit employees as defined in the United States Code Chapter 71, seeks the provisions of U.S.C. Section 7114 (b) (4), which is normally maintained by the agency in the regular course of business and which is reasonably available and necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining.
1. The Union is requesting the monetary amount of the Sanford Bates Award that was presented to Trent Ballou, Cook Supervisor, U.S.P Leavenworth presented at the recall at Central Office on or about July 15, 2004.
2. The Union is requesting the monetary amount of the James V. Bennett Award that was presented to Dennis A. White, Unit Manager, U.S.P Lewisburg presented at the recall at Central Office on or about July 15, 2004.
3. The Union is requesting the monetary amount of the James V. Bennett Award that was presented to James A. Marr, Acting Lt., U.S.P Lewisburg presented at the recall at Central Office on or about July 15, 2004.
4. The Union is requesting the monetary amount of the Myrl E. Alexander Award that was presented to Amy Carlton, Associate Warden, F.C.I. Forrest City presented at the recall at Central Office on or about July 15, 2004.
5. The Union is requesting the monetary amount of the Norman A. Carlson Award that was presented to Rebecca Tamiz , Administrator, ISM, CPD, Central Office presented at the recall at Central Office on or about July 15, 2004.
6. The Union is requesting the monetary amount of the J. Michael Quinlin Award that was presented to Carla E. Guinn , Associate Warden’s Secretary, F.C.I. Big Spring presented at the recall at Central Office on or about July 15, 2004.
7. The Union is requesting the monetary amount of the Kathleen Hawk Sawyer Award that was presented to Kathryn M, Tracy, Associate Warden, M.C.C. San Diego presented at the recall at Central Office on or about July 15, 2004.
8. The actual cost of bringing in the following personnel to attend the Central Office recall on or about July 15, 2004. This is to include, but not limited to per diem, hotel, vehicle rental, mileage, tips, airfare, etc..
Trent Ballou
Dennis A. White
James A. Marr
Amy Carlton
Rebecca Tamez
Carla E. Quinn
Kathryn M. Tracy
9. The actual cost of the rental charge for renting the room at the Hyatt Regency Hotel for the Central Office recall on or about July 15, 2004.
10. The actual cost of the food/refreshments for the recall at the Hyatt Regency Hotel and the 400 Building Conference Room for the Central Office recall on or about July 15, 2004.
11. The estimated cost of lost productivity and salary of all the employees that attended the recall at the Central Office recall on or about July 15, 2004.
12. The break down of the awards given to Bargaining and non bargaining employees at the Central Office.
13. The break down of the awards given to Bargaining and non bargaining employees at the Central Office and at each and every institution. This is to include the amount/type of award since the letter sent out on March 5, 2004 from the Director.
B. Particularized Need
The Union needs this information to determine if management officials have intentionally violated the Master Agreement, Laws, Rules and Regulations set forth. This requested information will enable the Union to fulfill its representational duties to represent all employees under the Statutes and administer the Collective Bargaining Agreement. The requested information is readily and accessible.
C. The information is needed by the Union in order to:
1. To present evidence, if necessary, in a third party hearing that Management has violated articles of the collective bargaining agreement.
2. To present evidence, if necessary, in a third party hearing that Management has violated sections of the United States Code, regards to appropriations.
3. To fulfill the Union’s statutory obligations to represent all employees adequately, effectively, and fairly.
4. To assist and ensure the Collective Bargaining Agreement is enforced for all employees.
5. To determine if the Director’s memorandum dated March 5, 2004, was intended for all Staff or just Bargaining Unit employees.
D. Public Interest
The disclosure of all the requested information would enable the Union to ensure that the Management is treating all employees fair and equitably and that all of the employees rights are being adhered to in accordance with the Laws, Rules and Regulations set forth. Disclosure would also serve the Union’s/public’s interest by allowing the Union/public to determine if the Agency is discriminating against its public servants on the basis of race, ethnic origin, age, gender, or on the basis of position held within the organization. The further disclosure of this information would assure the public trust that we as an agency can police our own and hold those persons accountable even if they happen to be management officials. Since all personal identifiers are public information, we believe the interest of the Union/public outweighs any privacy matters.
E. Other Matters
The Union’s point of contact is willing to meet with the appropriate agency officials to discuss the event giving rise to the Union’s and employee’s belief and perception, that the employees are being treated in a disparate manner.
Please contact myself at:, (C) 618-580-6548, V/F 888-837-8019, or email francisncrvp@earthlink.net if the agency requires any further clarification of this request, or the format in which the information is provided to the Union, or the issue(s) giving rise to this request.
Please provide the requested information to Aubrey Francis, North Central Regional Vice President CPL-33 no later than Tuesday September 28, 2004, close of business. Due to travel and previous commitments, the information should be given to Aubrey Francis at the September’s Master Agreement Session.