December 15th 2022

Good afternoon, Bargaining Members, Retirees and those that transferred, this serves notice that the below information regarding the settlement distribution is being sent out on December 15, 2022.

ALL BARGAINING UNIT EMPLOYEES

AFGE Local 1298 has settled a grievance alleging that FMC Fort Worth failed to timely and/or correctly compensate bargaining unit employees by paying overtime late to bargaining unit employees covered by the Fair Labor Standards Act (“FLSA”), i.e. bargaining unit employees who are FLSA non-exempt, and by failing to pay shift differentials correctly to all bargaining unit employees, such as night differential, Sunday Premium Pay, and holiday pay. The portion of the grievance regarding unpaid and late paid overtime covers affected FLSA non-exempt bargaining unit employees who worked at FMC Fort Worth between August 2, 2013 and October 14, 2022. The portion of the grievance regarding failure to pay differentials correctly covers affected bargaining unit employees who worked at FMC Fort Worth during the period August 2, 2010 through October 14, 2022.

The Union will be distributing money to the affected bargaining unit employees who complete the Union’s form and provide all required information based on time in service in certain positions and/or amount of overtime worked. You must submit the required electronic forms to be eligible to receive a portion of the monetary recovery obtained by the Union.

The forms must be submitted by THURSDAY, January 5, 2023. If you do not submit the electronic form by this deadline, you will NOT be eligible to receive a portion of any of the monetary remedy the Union obtained.

Please submit your form by clicking the following link:

https://www.surveymonkey.com/r/FortWorthLateOT

We encourage you to use a desktop or laptop computer to complete the forms because it may be difficult on a smartphone. After you electronically sign and click the “Submit” button, your results will be transmitted to our firm. We will download the results and send a confirmatory email. If you do not receive a confirmatory email within THREE BUSINESS DAYS of completing the forms, CHECK YOUR SPAM OR JUNKMAIL FOLDER FOR THIS CONFIRMATION EMAIL and contact our offices if you have not received it. You will not be included on the list of bargaining unit employees eligible to receive a portion of any monetary recovery obtained by the Union unless you complete the electronic form and receive this confirmation by THURSDAY, JANUARY 5, 2023.

If you have any questions, please contact the Union’s attorneys, Heidi Burakiewicz and Robert DePriest, Kalijarvi, Chuzi, Newman & Fitch, P.C. by email at FortWorthLateOT@kcnlaw.com, or by phone at (202) 331-9260.

Notice To Recipient: This e-mail is meant for only the intended recipient of the transmission, and may be a communication privileged by law. If you received this e-mail in error, any review, use, dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of the error by return e-mail and please delete this message and any and all duplicates of this message from your system. Thank you in advance for your cooperation.

LINK BELOW 

https://www.surveymonkey.com/r/FortWorthLateOT

July 22

July Union Meeting

New Business:

1.Weather and Safety Leave Grievance appealed.

2.Staffing levels, Human Resources Department (Losing a lot of staff to promoting/transfers).

3.Settlement Agreement with Facilities (Wrich/Baugh).

4.Slow Pay Case- Our Attorney just resolved the issue of the arbitration cancellation fee and hopefully the rest of the settlement will be resolved soon. The agency agreed to pay the cancellation fee on top of the 3 million.

5.National grievance- Covid leave ending September 30, 2021 (American Recue plan Act), did management advise staff to fill out CA-1 to be covered by contracting covid in the workplace or did our staff use their own insurance and sick leave.

6.National Grievance Glynco (Medical, physical fitness, Covid related issues).

7.Settlement Agreement (ULP) posted on board and electronically sent out for the agency violating the statute by not providing the Union with requested overtime records/data.

8.Automatic GS-8 should be in effect July 31st-PP16, everyone has been keyed.

9.T-Shirt order and vote on designed.

10.Use of Force policy.

11.We voted dues down and our National President Mr. Shane Fausey ask to visit FMC Fort Worth soon.

12.CPL-33 National Convention will be August 15th -19th.

13.Rapid Baton training -Officers first.

14.MK 4/MK 9

15.Retirement training in September

16.HR 521 

June 22

June Union Meeting Agenda

New Business:

1.Shutdown Case is on appeal, this case involved the Government being shut down in 2013 for 5 days and again in 2018, 35 days shutdown.

2.The National Union file two lawsuits against the agency for discrimination. One of the lawsuits was for discriminating against Veterans with ratings of 30 % or more and the other suit involved the agency demanding medical information from staff.

3.Picture of the necklace badge is on the front of the new Master Agreement. Your Badge will have your LE # on it.

4.National Council and the Agency is working on a BOP Color Guard Uniform.

5.A new Health and Wellness policy is about to be negotiated, it will incorporate Crisis Support Team (CST) and Employee Assistance Plan (EAP). President Watts will be on this National Policy.

6.Automatic GS- 8.

7.National Council is looking into a different pay band to make the BOP pay competitive.

8.New Use of Force policy is out but needs clarity.

9.New procedures coming in the event of a staff death. Flags will be lowered at half-mast bureau wide.

10.We had a successful breakfast with the Morning Watch Staff. We also pulled names for gift cards for Evening Watch. Our annual CWW Union Party went very well.

11.Vote on getting approval from the membership to buy all members a T-Shift. (Discuss cost, logo etc.) $18-$20 a shirt x 240 shift upwards of $5000.

12. Weather and Safety Leave case #210728-08778

•With respect to the merits, the Agency’s response stated that “treating employees fairly and equitably does not require that all employees are treated equally.”

•The Agency’s argument that the grievance failed to provide specifics in Block 6 of the grievance form is disingenuous at best.

•Even though the Agency is correct that each region has its own Regional Director who is charged with granting or approving weather leave, the facts underlying the grievance make clear that the “occurrences” of denials affected hundreds of BOP employees in a broad swath of correctional institutions across the country in both regions. The Agency’s argument that the Union was required to filed grievances separately with the Regional Directors in the Mid-Atlantic and South-Central regions is contradicted by the plain language of the Agreement.

•Article 31 provides that a national grievance be filed with the Chief of Labor Relations. There is no provision in the Agreement that supports the Agency’s position that all BOP facilities have to be affected to constitute a national grievance.

•Although a continuing violation cannot salvage an untimely grievance, a timely grievance may allege a continuing violation to address continuing action by the Agency regarding denials of administrative/weather leave.

•In sum, the Agency’s arguments regarding procedural arbitrability are devoid of merit and I find that the grievance is arbitrable.

•The Agency’s attempt to distinguish, for purposes of applying Article 19(f), between nonessential employees who work at Regional and other offices and essential employees who work at correctional facilities, flies in the face of the Master Agreement.

•Further, even without the Cohen Award, the record supports the conclusion that the Agency’s position violates the Master Agreement because it seeks to carve out or exempt essential employees from the provisions in Article 19(f). Had the parties intended those essential employees be excluded from Article 19(f) they clearly would have said so. The Agency’s discretion to grant or deny leave cannot be applied to exclude an entire classification of its employees.

•By applying Article 19(f) in this manner, the Agency committed an abuse of discretion.

13.Weather and Safety (TOA).

14.BOP Idol.      

May 22

May Union Meeting Agenda

New Business:

1.Senior Officer Specialist from FCI Jesup has stage 4 pancreatic cancer, he has survived 2 kidney transplants. If you can donate to him and his family, his cashapp is $stumpnumber3. Unfortunately, he has since passed away.

2.Issues at Glynco, medical issues, physical fitness.

3.Correctional Workers Week Union Party is on June 10th, Flowers Band, food, gifts.

4.ULP Data Request Settlement Agreement.

5.CIMS Institutional Settlement.

6.Slow Pay Case Update.

7.Annual leave in Lieu of sick leave.

8.Reasonable Accommodation/ LMR.

9.Expandable Baton and MK 9 update.

10.Baugh submitted two data request, 1 Facilities, 1 Health Services

11.First Step Act Joint Policy Committee (JPC) for Religious Services, scheduled for June 1-2, 2022, at FMC Fort Worth.Travel dates: Tuesday, May 31, 2022, and Friday, June 3, 2022. I submitted Soukeina Rebella name to be on this JPC.

Jon Zumkehr – Thomson President

John Kostelnik – Victorville Western Regional Vice President

Terence Washington – Texarkana President

Jodi Sellers – Jessup Secretary/Treasurer

Mike Morel - Ft. Dix President

Steve Markle - Terre Haute (Rental Car Authorized) National Legislative Coordinator

April 22

New Business:

1.Annual Training starting up, correctional Officers/Nurses will be properly relieved for this training. Augmentation will be in play during this training. Managers have been augmented already and will keep their last augmentation date. E and Reibe put together a new augmentation roster comprised of at least 131 staff.

2.The Warden is getting extended for a year.

3.F/S stairwell closed and we may be getting a metal stairwell. The stairwell is damage due to the foundation shifting.

4.Staff on religious Ramadan, getting mandated, we need to put out something stating that staff need to bring food just in case.

5.Slow Pay case settlement agreement, I received a call from our attorney Mr. Robert Depriest and he stated that he received a call from the agency attorney Ms. Jenifer Hinton, on the slow pay case finally! They have agreed to the provisions of paying out the 3 million dollars, in 60 days and the interest provision if they do not honor the 60 day pay out. Hopefully the Warden and I can sign off on this agreement in the next couple weeks. This case affected staff at FMC Fort Worth from 2010 through 2018. The merits of this case, is that the agency was not paying overtime in the same pay period which a violation of the Law and the Fair Labor Standards Act. A Victory For One Is A Victory For ALL, IN UNITY!

6.Data request ULP from March 2021 is going in front of a Federal Judge, to be settled.

7.When inmate fail to follow the rule to include simple assaults on staff, the Warden is taking it very serious.

8.We went to Seagoville to get some ideas on our Front Lobby possibly getting some renovations.

9.Our membership is at 231 right now, new members get a $50.00 rebate from AFGE.

10.We are getting a lot of cases involving background investigations, if you know of any staff that have to answer interrogatory please have them reach out to the Union.

11.Total shakeup with the executive staff at Carswell, 4 announced their retired, 2 got promotions.

12.San Antonio Caucus May 23-27.

13.AFGE Convention, we are carrying Big Spring and Grand Prairie’s votes.

14.CPL 33 Convention is in August 15-19.

15.Correction Workers Week June 6-10.

16.We will be making rounds on Evening Watch and Morning Watch.

17.CPOF will be here at institution in the visiting room on the 20th of April, Annie Norman.

18.Workers Compensation training on April 26-27 with AFGE’s Representative Joe Mansour.

19.I will be Acting Regional Vice President from the April 17th through April 23, 2022.

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Staff, Just so you know your Union EBoard has been working hand in hand with Management on Improving the staff lounge in building #1. You may notice over the next couple of weeks the construction in our staff lounge, so please show patience with our outstanding Facilities Department as these updates take place. On another note the door has been fixed that leads into the break room and will be required to be locked at all times. Any questions please reach out to us, thank you. - Tyler James 

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Local 1298 Membership, you are cordially invited to attend our monthly Union meeting on Wednesday March 16, 2022 at 4:30 p.m., at Bone Daddy's restaurant in Arlington Texas. The Union will provide three different meal choices and soft drinks. We will have a representative (Sara Santiago) from Doctor’s Guild (OWCP) at this meeting to speak to us. The Elected Board/Stewards appreciate your involvement and support, peace.

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Members, make sure you thank the Warden for approving a Jail #2 position as a back page post on the roster.   - G Watts

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Local 1298 Members, Remember, If you continue to experience symptoms related to your previous COVID inflection, you should be speaking with your doctor PRIOR to going to Glynco. There is no reason you should be attempting to complete the physical fitness portion of Glynco unless your doctor has cleared you to do so.  - G Watts

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Membership, if you have recently, in the past few months been exposed to Covid and are still experiencing short term symptoms (see CDC/ OWCP guidance) that will effect your physical performance at Glynco, please contact your Local Union President. Remember, one of your conditions of employment is to successfully complete Glynco. If you stay on a Doctor's physical exemption waiver for a long period of time without completing Glynco, you will be subjected to the agencies 8 point letter and the agency will pursue and try to enforce termination. Also, remember if you are on a medical exemption, you can be subjected and placed on a Temporary Job Modification (TJM) or on a Limited Light Duty Status (LLD). The reason the Union is educating you all on Glynco is because if you do not pass any parts of Glynco you can be terminated. Both parties (Union and Agency) want to reasonably assist you all in successfully passing Glynco and continue your employment with Bureau of Prisons. There is NO reason why you should be attempting to complete the physical fitness portion of Glynco if you have not recovered from the short term effects of covid. In closing, If you are not physically fit due to short term Covid issues, please let your Local Union President know so that you can be assisted and given guidance. - G Watts  

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Membership, we have an Attorney retained on the covid related hazardous duty pay case. Currently there is a case out of FCI Danbury, they lost their case in a Arbitration but appealed the decision. Through the appeals process they are still waiting on a decision to be rendered in this case. I will keep you all informed on any updates, In Unity. Link - G Watts

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Membership, I testified on Thursday, in Washington D.C., on the Weather and Safety Leave case from the bad weather in February 11-19 in 2021. The Union put on 11 witnesses and the Agency will put on their witnesses in March. I personally expect to get a favorable verdict in this case sometime this summer. The Warden is submitting our weather and safety leave (Administrative) request up to the Regional Office for the inclement weather we endured on February the 3rd and 4th of 2022. If denied the Union will have to grieve the denial through the Arbitration process. If you have any questions, please do not hesitate to reach out to one of your Elected Officials or Stewards, In Unity.   - G Watts

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Staff, we have just confirmed that Congressman Marc Veasey, out of the 33rd District will be visiting our institution on March 22nd at 0930, Unity.  1 27 22

Upcoming Union Events:

Department Head Meeting Ward/Watts (February 1st)

Audit of Treasurer's Financial Records, auditors are Rebella, Carter and Soares (February 10)

Union meeting with the Warden for Q&A (February 15)

Watts will testify in Arbitration in Washington D. C. Weather and Safety Leave/ Winter Storm (February 16-18)

Presidents training in Las Vegas Ward/Watts (February 21-25)

Union Meeting with Guest Sara Santiago from Doctors Guild (February 16)

OWCP Training with AFGE Representative Joe Monsour with Carswell, Fort Worth, Seagoville and Grand Prairie (April 25-26)

Metro-Plex Master Agreement Training Carswell, Seagoville, Fort Worth, Texarkana and Grand Prairie (TBA)

South Central Regional Caucus, Elected Board/Stewards (May 23-27, San Antonio Texas)

AFGE National Convention, 3 Delegates (Watts, Ward, Eglinsdoerfer) (June 20-24 Orlando Florida).

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Good Afternoon Members and Staff. I had the opportunity to talk to Officer Norton this morning and he is in good spirits and he wanted me to tell you ALL that he said HELLO!. He wanted me to let you all know that he will be accepting visitors very soon when he figures out the best way to go about visiting. The Warden will be initiating some outstanding ways to reasonably assist Officer Norton in his time of need. Warden Garrido will be putting out information very soon. Thank you Warden! The Union has also reached out to the Correctional Peace Officers Foundation in which President Blakley stated that they will be happy to assist in any way they can. Remember, we are ALL in this Tour of Duty together, In Unity! - G Watts    

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Supervisors, it has been bought to the Union's attention that some Lieutenants have been calling staff in to work well below the required time frame between shifts. This week, one officer was mandated from E/W to M/W hospital, then was called by the shift LT to return to work at 2 pm. After travel times, 3 hours of sleep is unnecessarily putting our staff in danger. It is my understanding that this has happened quite a few times. There is a difference if the staff accept or volunteer for overtime which is backed by case law. The Union also understands Article 5 Section a. (2) -Rights of the Employer which states your rights to assign but Article 18 Section h states, "ordinarily, the minimum time off between shifts will be seven and one-half (7½) hours, and the minimum elapsed time off on "days off" will be fifty-six (56) hours, except when the employee requests the change." Thank you all in advance. - G Watts