MASTER AGREEMENT - Federal Bureau of Prisons Council of Prison Locals and American Federation of Government Employees - AFGE
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MASTER
AGREEMENT
Federal Bureau of Prisons
and
Council of Prison Locals
American Federation of Government Employees
July 21, 2014 – July 20, 2017
TABLE OF CONTENTS
PREAMBLE ............................................................................................................................................................ 1
ARTICLE 1 - RECOGNITION ................................................................................................................................ 2
ARTICLE 2 - JOINT LABOR MANAGEMENT RELATIONS MEETINGS ........................................................ 3
ARTICLE 3 - GOVERNING REGULATIONS ....................................................................................................... 5
ARTICLE 4 - RELATIONSHIP OF THIS AGREEMENT TO BUREAU POLICIES, REGULATIONS, AND
PRACTICES ...................................................................................................................................... 7
ARTICLE 5 - RIGHTS OF THE EMPLOYER ........................................................................................................ 8
ARTICLE 6 - RIGHTS OF THE EMPLOYEE ...................................................................................................... 10
ARTICLE 7 - RIGHTS OF THE UNION .............................................................................................................. 16
ARTICLE 8 - UNION DUES BY PAYROLL DEDUCTION ............................................................................... 20
ARTICLE 9 - NEGOTIATIONS AT THE LOCAL LEVEL ................................................................................. 22
ARTICLE 10 - UNION REPRESENTATION ON COMMITTEES ....................................................................... 26
ARTICLE 11 - OFFICIAL TIME ............................................................................................................................. 29
ARTICLE 12 - USE OF OFFICIAL FACILITIES................................................................................................... 33
ARTICLE 13 - QUESTIONNAIRES ....................................................................................................................... 35
ARTICLE 14 - EMPLOYEE PERFORMANCE AND RATINGS .......................................................................... 36
ARTICLE 15 - OUTSIDE EMPLOYMENT ............................................................................................................ 38
ARTICLE 16 - POSITION DESCRIPTION AND REVIEW .................................................................................. 39
ARTICLE 17 - EMPLOYEE PERSONNEL FILES ................................................................................................ 40
ARTICLE 18 - HOURS OF WORK ......................................................................................................................... 41
ARTICLE 19 - ANNUAL LEAVE........................................................................................................................... 48
ARTICLE 20 - SICK LEAVE .................................................................................................................................. 51
ARTICLE 21 - TRAINING ...................................................................................................................................... 53
ARTICLE 22 - EQUAL EMPLOYMENT OPPORTUNITY .................................................................................. 55
ARTICLE 23 - UPWARD MOBILITY .................................................................................................................... 56
ARTICLE 24 - EMPLOYMENT OF RELATIVES ................................................................................................. 57
ARTICLE 25 - REDUCTION IN FORCE, TRANSFER OF FUNCTION, AND REORGANIZATION .............. 58
ARTICLE 26 - RETIREMENT AND RESIGNATION ........................................................................................... 60
ARTICLE 27 - HEALTH AND SAFETY ................................................................................................................ 61
ARTICLE 28 - UNIFORM CLOTHING .................................................................................................................. 65
ARTICLE 29 - WORK SITE CONDITIONS .......................................................................................................... 68
ARTICLE 30 - DISCIPLINARY AND ADVERSE ACTIONS .............................................................................. 69
ARTICLE 31 - GRIEVANCE PROCEDURE .......................................................................................................... 71
ARTICLE 32 - ARBITRATION .............................................................................................................................. 74
ARTICLE 33 - MERIT PROMOTION .................................................................................................................... 77
ARTICLE 34 - EMPLOYEE ASSISTANCE PROGRAM ...................................................................................... 78
ARTICLE 35 - PRIORITY PLACEMENT PROGRAM ......................................................................................... 80
ARTICLE 36 - HUMAN RESOURCE MANAGEMENT ....................................................................................... 81
ARTICLE 37 - SEXUAL HARASSMENT .............................................................................................................. 82
ARTICLE 38 - QUALIFIED DISABLED EMPLOYEES ....................................................................................... 83
ARTICLE 39 - FURLOUGHS.................................................................................................................................. 84
ARTICLE 40 - ASBESTOS...................................................................................................................................... 86
ARTICLE 41 - PUBLICATION AND DISTRIBUTION OF THIS AGREEMENT............................................... 88
ARTICLE 42 - EFFECTIVE DATE AND DURATION OF THIS AGREEMENT................................................ 89
APPENDIX A - GROUND RULES FOR NEGOTIATION OF SUPPLEMENTAL AGREEMENTS.................... 90
APPENDIX B - QUARTERLY EMPLOYEE PREFERENCE REQUEST FORM.................................................. 92
INDEX .......................................................................................................................................................... 93
SIGNATURE PAGE .................................................................................................................................................... 98
PREAMBLE mission and the employees who carry
it out. Therefore, the Federal Bureau
The Federal Bureau of Prisons of Prisons and Federal Prison
acknowledges that the participation of Industries, Inc. Hereinafter referred to
its employees in providing input into as “the Employer” or “the Agency,”
the development of personnel and the Council of Prison Locals and
policies, practices, and procedures the American Federation of
which affect conditions of Government Employees, hereinafter
employment, and their assistance in referred to as “the Union” or
the implementation of policies, “exclusive representative,” do hereby
practices, and procedures, contributes agree to:
to the effective operation of Bureau
facilities. The Bureau of Prisons will (A) focus on problems and ways to
develop and maintain constructive deal with them;
and cooperative relationships with its
employees, through their exclusive (B) recognize the needs of the other
representative, where applicable, the party;
Council of Prison Locals and the
American Federation of Government (C) consider collective bargaining
Employees. The parties respect the as an opportunity to improve
rights granted to Management, the relationship between the
employees, and the Council of Prison Agency and the Union; and
Locals by the Civil Service Reform
Act of 1978, as amended. (D) recognize that the employees
are the most valuable resource
The parties recognize that of the Agency, and are
efficient and effective service is encouraged, and shall be
paramount requirement and that reasonably assisted, to develop
public interest requires the continual their potential as Bureau of
development and implementation of Prisons employees to the fullest
modern and progressive work extent practicable.
practices to facilitate improved
employee performance and efficiency. This Agreement and such
supplementary agreements and
Moreover, the parties recognize memorandums of understanding by
that the administration of an both parties as may be agreed upon
agreement depends on a good hereunder from time to time, together
relationship. This relationship must constitute a collective agreement
be built on the ideals of mutual between the Agency and the Union.
respect, trust, and commitment to the
Page 1 of 98
ARTICLE 1 – RECOGNITION representative of all employees
employed by the Federal Bureau of
Section a. The Union is recognized Prisons, with the exception of the
as the sole and exclusive employees of the Central Office.
representative for all bargaining unit Since March 31, 2006, the Council of
employees as defined in 5 United Prison Locals became the exclusive
States Code (USC), Chapter 71. representative for Central Office
employees. The term “employee” as
Section b. The Employer recognizes used in this Agreement means any
the Union as the exclusive bargaining employee of the Employer
agent under the provisions of the represented by the Union and as
Federal Service Labor Management defined in 5 USC, Chapter 71.
Relations Statute, 5 USC, Chapter 71,
7101 et. seq., hereinafter referred to as Section d. The Union will have
“the Statute,” and the Civil Service access, using predetermined entry
Reform Act of 1978, of all of the procedures, to properly represent
employees in the unit, as the bargaining unit employees located in
recognized Union for bargaining contract/privatized facilities, in
purposes with respect to conditions of accordance with this Agreement and
employment of employees applicable laws, rules, and
represented by the Union. The Union regulations.
has the full authority as provided by
Statute to meet and confer with the The Agency will provide a list
Agency for the purpose of entering of all bargaining unit employees
into negotiated agreements, working in a contract facility to the
concerning changes in conditions of Council of Prison Locals President
employment covering bargaining unit and appropriate Regional Vice
employees, and to administer this President upon request, but no more
Collective Bargaining Agreement. frequently than every six (6) months.
Section c. The former Director,
Bureau of Prisons, Commissioner,
Federal Prison Industries, Inc.,
Myrl E. Alexander, in a letter dated
January 17, 1968, said letter being
issued in accordance with Executive
Order 10988, did certify the Council
of Prison Lodges (currently known as
the “Council of Prison Locals”)
exclusive recognition as the
Page 2 of 98
ARTICLE 2 – JOINT LABOR Employer, if the number of agency
MANAGEMENT RELATIONS representatives exceeds ten (10).
MEETINGS
The party placing an item on
Section a. Representatives of the the agenda shall describe the issue,
Employer and ten (10) representatives concern, or problem in sufficient
of the Union, or the number of detail to allow others to understand
Employer representatives, which ever the situation and prepare for
is greater, shall meet in person at least discussion.
four (4) times per year to resolve
and/or negotiate, as applicable, on Section c. Generally, the issues for
national issues of concern to either discussion will be limited to those
party, regarding general conditions of placed on the agenda in a timely
employment. These meetings will be fashion. Exceptions maybe made for
held in Washington, D.C. pressing issues which arise after the
agenda has been established and
These meetings may be which should be discussed before the
initiated by either party, but may only next meeting.
be dispensed by mutual consent.
Section d. The Employer will
The duration of these meetings prepare minutes (summary) of the
will normally be two (2) days; items discussed, agreements reached,
however, by mutual agreement, they and/or suspense dates set for follow-
may be extended or shortened as up action. The minutes will be
determined by both parties. The reviewed and approved by the parties
expense of such meetings will be upon conclusion of discussion of each
borne by the Employer. issue. A final copy of the minutes
will be reviewed and signed by the
Union representatives shall be parties prior to the conclusion of the
on official time. meeting, and a copy will be provided
to each participant.
Section b. An agenda will be
required for all meetings. Each party Section e. Management will provide
will exchange agenda items not less the Union with updates on issues
than twenty-one (21) calendar days raised at these meetings in accordance
prior to the scheduled meeting. with agreed upon time frames. Should
the Union be asked to provide the
The Union may revise the Agency with an update on any issues
number of their representatives, to raised at national meetings, the
achieve equal numbers with the responding Union representative will
Page 3 of 98
be afforded the use of that amount of
official time that both parties at the
meeting agree to be reasonable and
necessary.
Section f. The parties at the national
level endorse the concept of regular
labor management meetings at the
local level. It is recommended that
such meetings occur at least monthly,
that there be an established method of
written minutes, and that there be
suspense dates for responses or
corrective action. The actual
procedures for local labor
management meetings will be
negotiated locally.
Page 4 of 98
ARTICLE 3 - GOVERNING provisions contained in the proposed
REGULATIONS policy manual and/or program
statement change or affect any
Section a. Both parties mutually personnel policies, practices, or
agree that this Agreement takes conditions of employment, such
precedence over any Bureau policy, policy issuances will be subject to
procedure, and/or regulation which is negotiation with the Union, prior to
not derived from higher government- issuance and implementation.
wide laws, rules, and regulations.
1. When national policy issuances
1. local supplemental agreements are proposed, the Employer
will take precedence over any will ensure that the President,
Agency issuance derived or Council of Prisons Locals, each
generated at the local level. member of the Executive Board
of the Council of Prisons
Section b. In the administration of all Locals, and each Local
matters covered by this Agreement, President receives a copy of the
Agency officials, Union officials, and proposed policy issuance by
employees are governed by existing electronic message, reply
and/or future laws, rules, and requested. The Council
government-wide regulations in President will provide email
existence at the time this Agreement addresses for him/herself and
goes into effect. the members of the Council
Executive Board. Receipt will
Section c. The Union and Agency be assumed if no reply is
representatives, when notified by the received within three (3)
other party, will meet and negotiate business days. Delivery to
on any and all policies, practices, and Local Presidents will be to the
procedures which impact conditions Local's BOP Union Resource
of employment, where required by 5 e-mail box.
USC 7106, 7114, and 7117, and other
applicable government-wide laws and Council of Prison Locals 33
regulations, prior to implementation (CPL33) Executive Board
of any policies, practices, and/or (e-board) members will receive
procedures. printed copies of Limited
Official Use Only (LOUO)
Section d. All proposed national proposed national policy
policy issuances, including policy issuances in person, from the
manuals and program statements, will Chief, Labor Relations Office
be provided to the Union. If the (LRO), or designee. Upon
Page 5 of 98
receipt, each e-board member overriding exigency, the
will sign for receipt of the issuance and implementation of
proposed LOUO policy the policy will be postponed,
issuance and agree not to pending the outcome of the
further reproduce and/or negotiations;
distribute it, except as may be
mutually agreed otherwise 4. should the Union, at the
between the President, CPL33, national level, fail to invoke the
and Chief, LRO. right to negotiate the proposed
policy issuance within the time
Local Union Presidents will be required above, the Agency
notified of LOUO proposed may issue and implement the
national policy issuances by proposed policy issuance; and
e-mail, with instructions to
obtain a printed copy from the 5. when locally-proposed policy
Chief Executive Officer's issuances are made, the local
office at their locations, after Union President will be notified
signing the same receipt and as provided for above, and the
agreement (above) not to manner in which local
further reproduce and/or negotiations are conducted will
distribute it, and to return the parallel this article.
copy once the policy is issued
and implemented, except as Section e. Negotiations under this
may be mutually agreed section will take place within thirty
otherwise between the (30) calendar days of the date that
President, CPL33, and Chief, negotiations are invoked.
LRO. Negotiations will take place at a
location that is mutually agreeable to
2. After the last Council of Prison the parties, and the Agency will pay
Locals Executive Board all expenses related to the
member receives the proposed negotiations.
policy issuance, the Union, at
the national level, will have
thirty (30) calendar days to
invoke negotiations regarding
the proposed policy issuance.
3. should the Union invoke their
right to negotiate the proposed
policy issuance, absent an
Page 6 of 98
ARTICLE 4 – RELATIONSHIP
OF THIS AGREEMENT TO
BUREAU POLICIES,
REGULATIONS, AND
PRACTICES
Section a. In prescribing regulations
relating to personnel policies and
practices and to conditions of
employment, the Employer and the
Union shall have due regard for the
obligation imposed by 5 USC 7106,
7114, and 7117. The Employer further
recognizes its responsibility for
informing the Union of changes in
working conditions at the local level.
Section b. On matters which are not
covered in supplemental agreements
at the local level, all written benefits,
or practices and understandings
between the parties implementing this
Agreement, which are negotiable,
shall not be changed unless agreed to
in writing by the parties.
Section c. The Employer will provide
expeditious notification of the
changes to be implemented in
working conditions at the local level.
Such changes will be negotiated in
accordance with the provisions of this
Agreement.
Page 7 of 98
ARTICLE 5 - RIGHTS OF THE (1) among properly
EMPLOYER ranked and
certified
Section a. Subject to Section b. of candidates for
this article, nothing in this section promotion; or
shall affect the authority of any
Management official of the Agency, (2) any other
in accordance with 5 USC, Section appropriate source;
7106: and
1. to determine the mission, d. to take whatever actions
budget, organization, number may be necessary to
of employees, and internal carry out the Agency
security practices of the mission during
Agency; and emergencies.
2. in accordance with applicable Section b. Nothing in this section
laws: shall preclude any agency and any
labor organization from negotiating:
a. to hire, assign, direct,
layoff, and retain 1. at the election of the Agency,
employees in the on the numbers, types, and
Agency, or to suspend, grades of employees or
remove, reduce in grade positions assigned to any
or pay, or take other organizational sub-division,
disciplinary action work project, or tour of duty, or
against such employees; the technology, methods, and
means of performing work;
b. to assign work, to make
determinations with 2. procedures which Management
respect to contracting officials of the Agency will
out, and to determine the observe in exercising any
personnel by which authority under this Agreement;
Agency operations shall or
be conducted;
3. appropriate arrangements for
c. with respect to filling employees adversely affected
positions, to make by the exercise of any authority
selections for under this section by such
appointment from: Management officials.
Page 8 of 98
Section c. The preferred practice
whenever Bureau of Prisons positions
are announced under Section a (2)(c).
above is to select from within the
Bureau from all qualified applicants.
This shall not be construed as limiting
the recruiting function or any other
rights of the Employer.
In accordance with 5 Code of
Federal Regulations (CFR) Section
335.103, while the procedures used by
an agency to identify and rank
qualified candidates may be proper
subjects for formal complaints or
grievances, nonselection from among
a group of properly ranked and
certified candidates is not an
appropriate basis for a formal
complaint or grievance.
Page 9 of 98
ARTICLE 6 - RIGHTS OF THE 1. to bring any matters of personal
EMPLOYEE concern to the attention of any
Management official, any other
Section a. Each employee shall have officials of the executive
the right to form, join, or assist a labor branch of government, the
organization, or to refrain from any Congress, and any other
such activity, freely and without fear authorities. The parties endorse
of penalty or reprisal, and each the concept that matters of
employee shall be protected in the personal concern should be
exercise of such right. Except as addressed at the lowest possible
otherwise provided by 5 USC, such level; however, this does not
right includes the right: preclude the employee from
exercising the above-stated
1. to act for a labor organization rights;
in the capacity of a
representative and the right, in 2. to be treated fairly and
that capacity, to present the equitably in all aspects of
views of the labor organization personnel management;
to heads of agencies and other
officials of the executive 3. to be free from discrimination
branch of government, the based on their political
Congress, or other appropriate affiliation, race, color, religion,
authorities; and national origin, sex, marital
status, age, disabling
2. to engage in collective condition, genetic information,
bargaining with respect to participation in protected
conditions of employment activity, Union membership, or
through representatives chosen Union activity;
by employees in accordance
with 5 USC. 4. to direct and pursue their
private lives without
Section b. The parties agree that interference by the Employer or
there will be no restraint, harassment, the Union, except in situations
intimidation, reprisal, or any coercion where there is a nexus between
against any employee in the exercise the employee’s conduct and
of any employee rights provided for their position. This does not
in this Agreement and any other preclude a representative of the
applicable laws, rules, and Employer or the Union from
regulations, including the right: contacting bargaining unit staff
Page 10 of 98
or legitimate work-related Section e. Preferences regarding
matters; hairstyle and facial hair are a matter
of individual concern. Employees
5. to become or remain a member will maintain a neat appearance and
of a labor organization; and dress, considering the correctional
environment, and such appearance
6. to have all provisions of the and dress will not interfere with the
Collective Bargaining security or safe running of the
Agreement adhered to. institution. The wearing of jewelry is
a gender neutral issue. In the event of
Section c. The Employer agrees to disputes, and prior to an employee
distribute to all employees its being required to change their dress or
understanding of legal protection that appearance, alternatives will be
can be furnished to employees. explored.
Updates will be provided as
necessary. Distribution will be in Section f. Unit employees, including
handout form and provided to current probationary employees, have the
employees upon the effective date of right to a Union representative during
this Agreement, and to new any examination by, or prior to
employees at the time they are hired. submission of any written report to, a
representative of the Employer in
Section d. If an employee has a connection with an investigation if:
problem or situation which the
employee desires to discuss with the 1. the employee reasonably
Union during working hours, upon believes that the examination
request to their supervisor in advance may result in disciplinary
and workload permitting, the action against the employee;
employee may report to the Union and
official as approved. If the employee
cannot be made available at that time, 2. the employee requests
the supervisor will inform the representation.
employee when he/she can be made
available. Perceived abuse of this The Employer recognizes the
section will be discussed and resolved Union’s right to appoint and designate
at the local level. Frequent and the Union representative of its choice.
repeated requests by the same
employee may not be approved if Employees will be notified of
perceived as abusive. When this their right to a Union representative
occurs, the local Union President or by the Employer if an official
designee will be informed. examination authorized and/or
Page 11 of 98
initiated by the Warden or higher questioning may proceed only when
authority of the Bureau of Prisons these urgent circumstances are
could potentially lead to disciplinary documented and presented to the
action of said employee. This employee and/or his representative.
notification will be given prior to
examination or submission of any Reasonable time is defined as
written report by the employee. This that time necessary for the designated
is not intended to interfere with the representative from the local Union to
routine questions supervisors ask travel to the site of the examination.
employees in the normal course of a The Union will promptly designate its
workday nor the routine representative and make reasonable
memorandums that employees are efforts to avoid delay.
asked to submit. The failure of the
Employer to so inform the employee For those locations which have
shall not affect the Employer in taking no representatives (e.g., residential
administrative action against the reentry offices, new BOP facilities,
employee. etc.), reasonable time is the time
necessary for the Union designated
Section g. The Employer recognizes representative to travel to the
its statutory duty to annually inform examination site.
its employees of their rights under
Section f. This requirement is found Section i. Employees being
in Section 7114 of 5 USC. questioned by representatives of the
Employer will be informed of the
Section h. If the employee requests a identity of the investigator, unless
Union representative under Sections f. already known by the employee, and
or g., no further questioning will take the investigator will present their
place until the representative is credentials to the employee being
present, provided that if the interviewed and their Union
representative is not available within a representative, if applicable, prior to
reasonable period of time, the the commencement of the face-to-face
questioning and/or submission of a questioning.
written report may proceed without
the representative being present. 1. investigations/examinations
Questioning and/or submission of a under Section f. above will not
written report without a Union take place at the residence of
representative may go forward only the employee without the
where urgent circumstances could consent of the employee;
interfere with the safe and orderly
running of the institution. Such
Page 12 of 98
2. time spent in Section k. Any follow-up interviews
investigations/examinations conducted under Section f. above will
will be compensated in be subject to the same requirements as
accordance with applicable pay outlined in that section.
regulations; and
Section l. In the interest of respect
3. no employee will be required to for all staff, the parties agree that
sign statements or affidavits reprimands and counseling sessions
that the employee believes to be will be handled in a private setting
inaccurate or incorrect. whenever possible. Both parties
further agree that the Employer and
Section j. When the Employer its representatives have the
interviews employees to ascertain responsibility to instruct, advise,
necessary facts in preparation for direct, and correct employees in a
action involving a third party hearing, work setting in a manner that
the Employer will provide certain promotes a good working
safeguards to protect the employee’s relationship.
rights under 5 USC.
Section m. Procedures for serving
1. the Employer must inform the warrants or subpoenas at the
employee who is to be employee’s work site/institution are
questioned of the purpose for negotiable at the local level. During
the questioning, assure the local negotiations regarding the
employee that no reprisal will service of warrants or subpoenas by
take place if the employee local authorities (sheriffs, etc.), the
refuses, and obtain the privacy concerns of employees are an
employee’s participation on a important consideration.
voluntary basis;
Section n. There are occasions when
2. the questioning will occur in a it is necessary for the Employer to
context which is not coercive in remove employees from their work
nature; and site or facility for safety or security
reasons. When such an escorted
3. the questions will not exceed departure is necessary, efforts will be
the scope of the legitimate made wherever possible to ensure that
purpose of the inquiry or such actions are handled in a discrete
otherwise interfere with the manner.
employee’s statutory rights.
Section o. Any employee covered by
this Agreement may, without fear of
Page 13 of 98
penalty or reprisal, exercise their overpayment/underpayment,
rights under the Whistleblower the employee will notify their
Protection Act, which includes the first line supervisor in writing;
right to disclose gross
mismanagement, a gross waste of 3. once it has been determined
funds, an abuse of authority, or a that an employee has received
substantial and specific danger to an overpayment, the Employer
public health or safety. This act is will inform the employee of the
codified in 5 USC, Section 1213. procedure for applying for a
waiver of repayment of funds
Section p. Employees are required to and, upon the employee’s
receive their salary payment through request, the Employer will
electronic fund transfer as a condition assist the employee in
of employment. completing and submitting the
proper forms. All waivers are
Those employees who do not evaluated on a case-by-case
receive salary payments by the basis in accordance with
established payday will, at the applicable laws, rules, and
affected employee’s request, receive regulations;
an electronic payment. The payment
will be for the employee’s base salary, 4. the employee will not be
including premium, less normal required to make any payment
withholdings. on any overpayment of funds
until the completion of the
Section q. The Employer and its waiver process, if the waiver is
employees bear a mutual denied;
responsibility to review documents
related to pay and allowances in order 5. if the waiver is denied,
to detect any employees m ay avoid paying
overpayments/underpayments as soon interest on the debt if full
as possible. payment is made prior to the
sixtieth day after the initial
1. should the Employer detect that written notification; and
an employee has received an
overpayment/underpayment, 6. both parties agree that any
the Employer will notify the repayment by the employee of a
affected employee in writing; salary overpayment will be
made with the assistance of the
2. should an employee realize that Employer in accordance with
he/she has received an existing regulations. This
Page 14 of 98
repayment may be made honest intention to fulfill any
through payroll deductions or a just financial obligation in a
cash payment for the full timely manner. In the event of
amount. This will be done to a dispute between an employee
ensure that all adjustments, i.e., and an alleged creditor, this
taxes, FICA, etc., are made in a section does not require an
timely fashion. agency to determine the
validity or amount of the
Section r. If a supervisor maintains disputed debt or to collect a
an informal file about an employee, debt on the alleged creditor’s
the employee shall be given an behalf.”
opportunity to see any notation as
soon as practicable, and before the
notation is used officially, but no later
than fifteen (15) working days after
the notation is made.
Section s. All contributions to
charities, causes, and functions are to
be a matter of personal concern and
strictly voluntary in nature.
Section t. In matters relating to
employee’s indebtedness, the parties
agree to abide by the provisions of 5
CFR, Section 2635.809, which states:
“Employees shall satisfy in
good faith their obligations as
citizens, including all just
financial obligations, especially
those such as Federal, State, or
local taxes that are imposed by
law. For purposes of this
section, a just financial
obligation includes any
financial obligation
acknowledged by the employee
or reduced to judgment by a
court. In good faith means an
Page 15 of 98
ARTICLE 7 - RIGHTS OF THE additions/deletions to this list are
UNION made, the Union will notify the
Employer at its earliest convenience.
Section a. There will be no restraint,
interference, coercion, or Section d. Union representatives are
discrimination against any employee authorized to perform and discharge
in the statutory exercise of any right the duties and responsibilities which
to organize and designate are assigned to them by the Union in
representatives of their own choosing accordance with applicable laws,
for the purposes of collective rules, regulations, this Agreement,
bargaining, presentation of and applicable supplemental
grievances, labor management related agreements.
activity, representation of employees
before the Employer, or upon duly Section e. Union representatives will
designated Union representatives be permitted to leave their work sites
acting as an agent of the Union on to perform and discharge their
behalf of an employee or group of representational responsibilities after
employees in the bargaining unit. being properly relieved. This will be
done in accordance with the
Section b. In all matters relating to following:
personnel policies, practices, and
other conditions of employment, the 1. local Union representatives
Employer will adhere to the desiring to perform and
obligations imposed on it by the discharge their responsibilities
statute and this Agreement. This must request the time from
includes, in accordance with their supervisor prior to leaving
applicable laws and this Agreement, the work site. When
the obligation to notify the Union of Management initiates the need
any changes in conditions of for a representative,
employment, and provide the Union Management will coordinate
the opportunity to negotiate with the affected supervisor and
concerning the procedures which secure the representative’s
Management will observe in relief. If initiated by the Union,
exercising its authority in accordance the representative will inform
with the Federal Labor Management the supervisor of the anticipated
Statute. time that the representative will
be away from the work site,
Section c. The Union will notify the where the representative may
Employer of the identity of its officers be contacted, and the general
and representatives in writing. When nature of the function to be
Page 16 of 98
performed (i.e., meeting, timekeeper for the time and
complaint, etc.). It is attendance record.
understood that specific
individuals or problems will not Section f. The Employer and the
be discussed; Union agree to the scheduling, at the
local level, of at least one Union
2. for the purpose of representative, designated by the
representation (i.e., Union, to daytime hours of work.
investigatory examinations, to Daytime hours of work is defined as
assist an employee with a those hours between 6:00 a.m. to 6:00
problem, disciplinary meetings, p.m., Monday through Friday. This
etc.), the supervisor will ensure will be done in accordance with the
that the designated Employer’s rotation policy, if
representative is expeditiously applicable, provided that this does not
relieved. If the representative adversely affect the Union’s ability to
is unable to be relieved, the provide representation.
function that the representative
requested to be relieved for will Section g. Provided that there is no
be rescheduled to a time when significant disruption of departmental
the representative is able to operations, the work schedule of the
attend. local Union President and at least two
other local Union officers will be
For the purpose of adjusted, a t the Union’s request, to
prescheduled meetings to allow these individuals to attend
which the Union has Union meetings. The Union will
membership, the Employer will coordinate the schedule change with
provide the Union with a list of the appropriate supervisor(s), and the
scheduled meetings for the Union will address any concerns of
month. If the Union designates employees affected by the change.
a representative for these
meetings, the supervisor will Section h. Union representatives who
ensure that the designated are not employees of a specific local
representative is relieved to Bureau of Prisons managed facility
attend the meeting; and who desire admission to the facility
will be allowed access as follows:
3. upon returning to the work site,
representatives will notify their 1. employees of the Agency who
supervisor. The supervisor are representatives of the Union
shall calculate the amount of will be allowed access to any
time used and forward it to the Bureau of Prisons managed
Page 17 of 98
facility in the same manner as 2. In cases where a disciplinary
any visiting employee; action or adverse action has
been proposed, but no
2. Union representatives who are grievance has been filed, the
not employees of the Agency Union will be notified of the
will be allowed access to terms of the settlement between
Bureau of Prisons managed the Employer and the
facilities in the same manner as employee. This notice will
other official visitors; and include reference to the date the
proposal was issued, but will
3. it shall be the responsibility of not include individual
the local Union to advise the identifiers, except as outlined in
Employer, in advance and in Section j (1). This will not
writing, when visits by Union affect the Union’s entitlement
officials described in (1) and to data pursuant to the statute.
(2) above are planned,
whenever possible. Section k. The Union and the
Employer recognize the role of the
Section i. Council representatives, Union at the local level. The Union’s
when scheduled to meet with participation in local Institutional
representatives of the Employer in Familiarization Training may be a
pre-arranged meetings, will have their subject for local negotiation.
work week adjusted, upon written Regardless of Union participation, the
request, if it conflicts with the Agency will inform new employees at
scheduled meeting. Institutional Familiarization Training
of the specific local Union
Section j. In accordance with 5 USC, designation and identify the officers
552a (Privacy Act): of the local Union.
1. the local President will be Section l. The Union will be given
notified of any proposals or the opportunity to be present at formal
decisions regarding disciplinary discussions and meetings between the
or adverse action against Employer and employees covered by
bargaining unit staff, and such this Agreement concerning
notification will include the grievances, personnel policies and
charge(s) and the practices, and any other matter
proposed/decided upon affecting general working conditions
corrective action; and of employees covered by this
Agreement.
Page 18 of 98
The following procedures will endanger staff or the security of the
be used in providing notice of a institution.
formal discussion/meeting to the
Union:
1. whenever possible, the
Employer will notify the local
Union president, or his/her
designee, at least twenty-four
(24) hours prior to the
scheduled discussion/meeting;
and
2. notification will include the
date, time, and location of the
discussion/meeting. Whenever
possible, the notification should
also include a brief description
of the topic(s) to be discussed.
The Union will inform the
Employer of who will represent the
Union at the discussion/meeting.
Relief for the Union
representative will be accomplished in
accordance with Section e. of this
article.
Section m. The Union has the right
to refer allegations of misconduct by
any other employee, including
representatives of the Employer, to
the Office of Internal Affairs.
Section n. The parties agree that they
and their representatives will not
make statements or post notices in
inmate access areas which would
Page 19 of 98
ARTICLE 8 - UNION DUES BY The Employer will order and
PAYROLL DEDUCTION maintain a sufficient amount of SF-
1187’s and SF-1188’s for distribution
Section a. The Employer and the to the Union as needed, upon request.
Union agree that unit employees who
are Union members in good standing Section d. The Union shall ensure
may have allotments deducted from that:
their regular salary for the payment of
Union dues for the term of this 1. all SF-1187’s submitted by
Agreement in accordance with employees correctly reflect the
applicable regulations. This article amount of dues to be deducted
may be amended when required by from the pay; and
any changes in such regulations.
2. all employees submitting SF-
Section b. Any such allotment shall 1187’s are eligible for payroll
be strictly voluntary on the part of allotments for the payment of
each employee and nothing in this Union dues.
Agreement may be construed to
require any employee to become or Section e. A multilevel dues structure
remain a member o f a Union or to will be utilized. Dues will be
pay dues in any manner to a Union, withheld on a biweekly basis
except as required by 5 USC, Chapter conforming to the regular pay period.
71, 7115 et. seq. Deductions will begin no later than
the second full pay period following
Section c. An eligible employee may receipt of a properly completed SF-
only initiate an allotment for the 1187 by the Human Resource Office.
payment of Union dues by the local Dues erroneously omitted, after
Union submitting a properly receipt by the Employer of an SF-
completed SF-1187 to the servicing 1187 or notification of dues increase
human resource office. The employer pursuant to Section f. of this article,
shall process the SF-1187 as a routine shall be retroactively deducted
payroll allotment change unless the through written notification of the
employer questions the accuracy of Employer. The Employer, through
the information submitted or the the NFC, shall take appropriate action
eligibility of the employee for dues to correct errors in dues deductions.
allotment, in which case the employer
shall meet with the local President to Section f. Any changes made in the
resolve any questions. amount of dues deducted on a
national level will only be made
pursuant to a written request from the
Page 20 of 98
Secretary/Treasurer of the Council of transferred direct to the banks
Prison Locals. Changes affecting any of the AFGE National,
specific local dues m ay be completed biweekly; and
by the local Secretary/Treasurer by a
written request to the institution 2. the payroll processing agent
HRM. continue providing the tape
listing of each remittance by
Section g. An employee may local to the AFGE National
terminate a Union dues allotment in Office.
accordance with 5 USC 7115(a) by
the local Union submitting a properly Section i. Employees who meet the
completed SF-1188 to the Human eligibility requirements for dues
Resource Office at any time during a withholding and who have a current
forty-five (45) day period following dues withholding agreement in effect
the employee’s Union membership on the date this Agreement is
anniversary date. A Union official approved need not execute a new SF-
will verify the employee’s 1187 to come under the provisions of
anniversary date and note it on the this Agreement provided that this
SF-1188. The completed form must Agreement does not necessitate any
be received in the Human Resource changes being made in their current
Office within a forty-five (45) day allotment.
period following the anniversary date.
The request will be processed within
two (2) pay periods of receipt.
For the purpose of this section,
the anniversary date referenced above
will be the anniversary date on the
AFGE roster.
Whenever dues deductions are
terminated by the Employer, the
Union will be notified of the reasons
for such actions.
Section h. The Employer will request
that:
1. remittance of dues withheld
will be electronically
Page 21 of 98
ARTICLE 9 - NEGOTIATIONS 2. provided that nothing in the
AT THE LOCAL LEVEL local supplemental agreement is
in conflict with the provisions
The Employer and the Union of the Master Bargaining
agree that this Agreement will Agreement, or changes in any
constitute the Master Collective policies, regulations, or laws,
Bargaining Agreement between the the parties at the local level
parties and will be applicable to all may mutually elect to execute
Bureau of Prisons managed facilities new signatures and dates, if
and employees included in the neither party desires to
bargaining unit as defined in Article 1 renegotiate the local
- Recognition. This Master supplemental agreement.
Agreement may be supplemented in
local agreements in accordance with Section b. Notwithstanding the
this article. In no case may local provisions of this article, the parties
supplemental agreements conflict may negotiate locally and include in
with, be inconsistent with, amend, any supplemental agreement any
modify, alter, paraphrase, detract matter which does not specifically
from, or duplicate this Master conflict with this article and the
Agreement except as expressly Master Bargaining Agreement.
authorized herein.
1. local supplemental agreements
Section a. One supplemental may be negotiated provided
agreement may be negotiated at each either party serves notice of
institution/facility. Supplemental intent to negotiate within sixty
agreements covering (60) days of receipt of the
shared/consolidated services will be Master Agreement. The receipt
negotiated at the local level by the date will be the date this
concerned parties. Agreement is provided to the
local Union President;
1. it is understood that local
supplemental agreements will 2. the sixty (60) day limitation
expire upon the same day as the will not apply to newly
Master Agreement, except as established locals of the
noted in a (2) below. If the Council of Prison Locals. The
Master Agreement’s life is parties at the local level are
extended beyond the scheduled encouraged to complete
expiration date for any reason, negotiations of the
local supplemental agreements supplemental agreement within
will also be extended; and one (1) year;
Page 22 of 98
3. the parties must begin Section c. Disputes as to whether a
meaningful and substantive matter is improper for inclusion in a
negotiations within six (6) supplemental agreement will be
months of the notice of intent to resolved as follows:
negotiate;
1. matters rejected solely as
4. a standard set of ground rules violating the Master Agreement
are contained in Appendix A to will be resolved through
this Agreement. The local arbitration;
parties may negotiate their own
ground rules; however, if they 2. matters rejected solely as
are unable to reach agreement violating law or government-
on ground rules during the five wide regulations will be
(5) months following the date submitted to the FLRA for
the notice of intent to negotiate resolution as a negotiability
is served, they must adopt the dispute; or
standard set of ground rules
contained in Appendix A. In 3. matters rejected as violating
such cases, negotiations must both the Master Agreement and
commence within thirty (30) law or government-wide
calendar days after the regulations will first be
expiration of the five (5) month submitted to arbitration to
period, and specific proposals resolve contract issues. When
for negotiation must be the contract questions are
exchanged at least fourteen (14) resolved, any questions of
calendar days prior to the negotiability under law or
beginning of negotiations; and government-wide regulation
shall be submitted to the FLRA
5. any matter which the parties at for resolution.
the national level have
presented to the Federal Labor If, during local negotiations,
Relations Authority (FLRA) or there is a dispute between the parties
the Federal Service Impasses on whether a proposal is in conflict
Panel (FSIP) may not be with the Master Agreement, they must
negotiated at the local level seek guidance from their respective
until such time as decisions are parties at the national level before
rendered and/or the parties at referring to a third party. Such
the national level have resolved consultation with national officials
the dispute. will not serve to extend any
Page 23 of 98
established time limits for referral to from the date that the proposed
third parties. agreement was signed to
independently review the
Section d. Once an agreement has agreement and determine if the
been reached at the local level, it will proposed agreement complies
be reduced to writing within fifteen with the provisions of this
(15) calendar days from the Agreement and applicable laws
conclusion of negotiations. The local and regulations; and
will then have thirty (30) calendar
days to complete the ratification 2. the parties at the national level
process. If the contract is ratified as will independently notify their
written, the parties will meet within counterparts at the local level of
seven (7) calendar days to sign and the results of their reviews
date the entire agreement. before the expiration of the
forty (40) day time limit. The
If ratification fails, the parties reviewing parties at the national
will return to the table within fourteen level will serve on each other
(14) calendar days to reconsider those copies of their reviews as they
articles or provisions which blocked are sent to the local level. At
ratification. Once this process is the end of the forty (40) day
completed, the local will then have review period, the local
thirty (30) calendar days to complete supplemental agreement will go
ratification. If ratified, the parties will into effect, except for those
meet within seven (7) calendar days provisions which have been
to sign and date the entire agreement. found by either party to be in
conflict with this Agreement or
1. once the supplemental applicable laws and regulations.
agreement has been ratified, Such conflicting provisions will
signed, and dated, the proposed be returned to the parties at the
agreement will be forwarded to local level with explanations, at
the Labor Relations Office by which time the local parties
local Management and another will do one of the following:
copy will be forwarded by the
local Union to its Regional a. implement the agreement
Vice President. Incomplete, as modified by the
unsigned, or undated review;
agreements will be returned to
the parties without action. The b. renegotiate the stricken
parties at the national level will provisions; or
have forty (40) calendar days
Page 24 of 98
c. contest the striking
through appropriate
appeal procedures, as
outlined in Section c. of
this article.
Page 25 of 98
ARTICLE 10 - UNION rights and responsibilities as other
REPRESENTATION ON members. This includes an adequate
COMMITTEES opportunity to present their thoughts
and ideas on whatever subject is being
Section a. The Union at the discussed. Each Union representative
appropriate level will have so selected will have a Union
membership on at least the following designated alternate to serve when the
committees, where they exist, which representative is unavailable.
are charged with making
recommendations to the appropriate Both parties recognize the
authorities on specific issues. These Union will, on occasion, need to train
committees are: some of its representatives on the
operation and functions of
1. Health and Safety, in committees, work groups, and task
accordance with Article 27; forces. With the Chief Executive
Officer’s approval and workload
2. Incentive Awards (to help permitting, the Union will be
oversee the system and review permitted to have one (1) other
suggestions only); representative attend the meeting in a
training, nonparticipatory role. The
3. Affirmative Action; Agency, at its option, may pay any
expenses or grant official time for this
4. Staff Housing (whenever second attendee.
members of the unit have
applied); and Both the Union and
Management agree that smaller
5. Commissary. committees, work groups, and task
forces are preferred, in that they are
When committees, work generally more productive.
groups, or task forces are formed to
make recommendations on matters If the Union representative
directly affecting working conditions participating on the committee, work
of bargaining unit employees, the group, or task force so desires, the
Employer will fill a position on the chairperson of the committee, work
committee, work group, or task force group, or task force, in preparing the
with a representative designated by final report, will accept and
the Union at the appropriate level. A specifically include the Union
Union representative selected to representative’s concerns that were
participate on these committees will voiced at the meeting. The Union
be a working member with the same representative will be provided a copy
Page 26 of 98
of the final committee, work group, or 4. if none of the three (3) methods
task force report at the same time above is feasible, the Union
through the same applicable will appoint an alternate
distribution procedures as other representative, or the parties
committee, work group, or task force may formulate an arrangement
members. that is appropriate at the local
level and agreed to by the
The Union at the appropriate parties.
level will be provided the same
advance notification of the committee, Section c. It is the expectation that
work group, or task force meeting at participation of the Union on
the same time as any other member of committees, work groups, or task
the committee, work group, or task forces will be beneficial to both
force. This notification will allow for parties. Participation on committees,
sufficient travel time. work groups, or task forces entails a
responsibility and obligation on all
Section b. In order to avoid the participants to hold in confidence
payment of overtime to Union matters discussed as requested by the
representatives as a consequence of chairperson. Confidentiality does not
local committee participation, one of preclude national Union participants
these enumerated procedures will be from discussing issues solely with
followed: national Union Executive Board
members. Local work group
1. (preferred) the committee will participants may, if necessary, discuss
meet during the day shift on a the work group issues with local or
week day that is also the Union national Council of Prison Locals
representative ‘s regular executives.
workday and time;
Section d. If the Union representative
2. the meeting time may be participating on the committee, work
shifted to outside the day shift group, or task force so desires, the
to fit the Union representative’s chairperson of the committee, work
work schedule (e.g., if on the group, or task force will accept and
evening watch); specifically include the Union
representative’s concerns that were
3. Union representatives, with voiced at the meeting, without
supervisory approval, may shift change, and forward them to the
work schedules to earlier or appropriate authority (deciding
later hours in order to overlap official). The Union representative
part of the day shift; or will be provided a copy of the final
Page 27 of 98
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