MARCH 9, 1999 - MARCH 9, 2001

DRAFT - February 1, 1999

PREAMBLE

The Federal Bureau of Prisons, FCI/FDC Tallahassee, acknowledges that the participation of its employees in providing input into the development of personnel policies, practices, and procedures, contributes to the effective operation of this facility. The Bureau of Prisons, FCI/FDC Tallahassee, will develop and maintain constructive and cooperative relationships with its employees, through their exclusive representative, where applicable, the Council of Prison Locals and the American Federation of Government Employees. The parties respect the rights granted to Management, employees, and the Council of Prison Locals by the Civil Service Reform Act of 1978, as amended.

The parties recognize that efficient and effective service is a paramount requirement and that public interest requires the continual development and implementation of modern and progressive work practices to facilitate improved employee performance and efficiency.

Moreover the parties recognize that the administration of an agreement depends on a good relationship. This relationship must be built on the ideals of mutual respect, trust, and commitment to the mission and the employees who carry it out. Therefore, the Federal Bureau of Prisons and Federal Prison Industries, Inc., hereinafter referred to as the "Employer" or "the Agency," and the Council of Prison Locals and the American Federation of Government Employees (Local 1570), hereinafter referred to as "the Union·' or "exclusive representative," do hereby agree to:

(A) focus on problems and ways to deal with them;

(B) recognize the needs of the other party;

(C) consider collective bargaining as an opportunity to improve the relationship between the Agency and the Union; and

(D) recognize that the employees are the most valuable resource of the Agency, and are encouraged, and shall be reasonably assisted, to develop their potential as Bureau of Prisons employees to the fullest extent possible.

This Agreement and memorandums of understanding by both parties as may be agreed upon hereunder from time to time, together constitute a collective agreement between the Agency and the Union.

ARTICLE 1-RECOGNITION

Section a. Per the Master Agreement.

Section b. Per the Master Agreement.

Section c. Per the Master Agreement.

Section d. During the term of this Agreement, should the Employer decide to place bargaining unit staff in a contract/ privatized facility located either on the facility property or within a fifty (50) mile radius of the faciiity, the Union will have access, using predetermined entry procedures mutually agreed upon by both Management and the Union, to properly represent bargaining unit employees in accordance with this Agreement, the Master Agreement, and applicable laws, rules, and regulations.

The Agency will provide a list of all bargaining unit employees working in either this facility or a contract facility to the Union President or designee upon request, but no more frequently than every six (6) months.

ARTICLE 2 - JOINT LABOR MANAGEMENT RELATIONS MEETINGS

Section a. For the purposes of Article 2 of this Agreement, the word "resolved" will be defined as, but not limited to, researching, suspending, delegating, agreeing and completing.

Section b. The parties at the local level endorse the concept of regular labor Management meetings at the local level

Section c. LMR meetings shall take place once monthly on the second Monday of the month, and may only be dispensed with by mutual agreement. Meetings will begin at 8:00 a.m. and not exceed 4:00 p.m., and will conclude when all agreed-upon agenda items have been mutually resolved.

Section d. Representatives of the Employer; and five representatives of the Union, or total number of Employer representatives, whichever is greater; shall meet at least monthly to resolve and/or negotiate, as applicable on issues regarding personnel policies, practices, conditions of employment and working conditions.

Section e. An agenda will be required for all meetings. Each party will exchange agenda items and names of participants not less than seven (7) calendar days prior to the scheduled meeting. The party placing an item on the agenda shall describe the issue, concern or problem in sufficient detail to allow others to understand the situation and prepare for discussion.

Section f. Generally, the issues for discussion will be limited to those placed on the agenda in a timely manner. Exceptions will be made for pressing issues which arise after the agenda has been established, and which should be discussed before the next meeting. Both parties agree that nothing in this article shall preclude, limit or waive the Union's right to file a formal grievance or other third party action while items are under discussion.

Section g. The Employer will prepare minutes of the items discussed, agreements reached, and/or suspense dates set for follow-up action. Suspense dates set for followup will not exceed fourteen (14) calendar days from the date of the LMR meeting. The minutes will be prepared and signed by both parties within two (2) working days.

ARTICLE 3 - GOVERNING REGULATIONS Per the Master Agreement.

ARTICLE 4 - RELATIONSHIP OF THIS AGREEMENT TO BUREAU POLICIES, REGULATIONS, AND PRACTICES Per the Master Agreement.

ARTICLE 5 - RIGHTS OF THE EMPLOYER Per the Master Agreement.

ARTICLE 6 - RIGHTS OF THE EMPLOYEE

Section a. In a non-emergency situation, prior to any bargaining unit employee being removed from the Institution, the employee will report to the Warden's complex/ Administrative area, and be afforded the opportunity to have the Union's input into the method used to remove said employee from the facility.

1. The Union recognizes that after said input, Management will make their decision.

For the purposes of Article 6, Section all) of this Agreement, the word "input" will be defined as, but not limited to, suggestion, alternative, or opinion.

Section b. Bargaining Unit employees will not be telephoned at their residences during off duty hours other than for emergencies or matters of immediate personal concern to the employee.

If it becomes necessary to contact an employee who is off because of long term illness or injury, the Employer will do so in the most expedient and efficient manner, time permitting by mail.

Section c. Bargaining unit employees will be notified within five (5) working days of submission of the status and disposition of any tort claim that has been submitted.

Section d. When it becomes necessary for law enforcement to serve subpoenas/ warrants on bargaining unit employees on Institution grounds, the parties agree that in the interest of confidentiality and good taste, the Warden's complex will be utilized for this purpose.

ARTICLE 7 - RIGHTS OF THE UNION

Section a. At least quarterly, and upon the request of the Union President or designee, the Employer will provide the Union with a written list of all disciplinary/adverse actions imposed upon all staff, both bargaining and non-bargaining. This list will consist of the number of disciplinary/adverse actions processed, the charges, and the sanctions imposed. Also, a notation will be included to indicate whether the staff member was a bargaining unit member or a non-bargaining unit employee. No employee names or other identifying information will be provided.

Section b. The Union will be provided the opportunity to meet with new hires and/or those employees transferring in from other facilities during· Institution familiarization (IF). The Union will be provided the first 30-minute time slot (07:30-08:00) on the first day of Institution familiarization (IF).

Section c. The Union will be provided the opportunity to present a thirty minute presentation to all participants during annual refresher training and will be afforded the same opportunities as all other presenters to prepare and present their subject matter, to include being on official time.

Section d. The Union will be provided the opportunity to speak during general staff recalls. The Employer will notify the Union President five (5) days in advance (excluding emergencies) of scheduled recalls. The Union President will notify Management one (1) day in advance of the Union's intention to utilize the time allotted.

Section e. The Employer agrees to allow members of the Union Executive Board to carry pagers/beepers.

Section f. Management will provide the Union President, on a monthly basis, a staffing report to include all staff who have been transferred, separated, temporarily promoted, in-house promoted or placed on extended leave without pay status (LWOP - fourteen (14) days or more).

ARTICLE 8 - UNION DUES BY PAYROLL DEDUCTION Per the Master Agreement.

ARTICLE 9 - NEGOTIATIONS AT THE LOCAL LEVEL Per the Master Agreement.

ARTICLE 10 - UNION REPRESENTATION ON COMMITTEES Per the Master Agreement.

ARTICLE 11 - OFFICIAL TIME

Section a. Management agrees to grant administrative leave to the Union President and one other member of the Union Executive Board as designated by the President, to attend the funeral of any bargaining unit staff member or any member of their immediate family (for the purposes of this Article, immediate family is defined as wife, husband, son or daughter); FCI/FDC Tallahassee retiree; AFGE 5th District Union official; and any funeral of any national officer of the Council of Prison Locals, C-33. It is understood by both parties that the second member of the Union Executive Board will only attend funerals of FCI/FDC staff members or immediate family, and FCI/FDC retirees.

ARTICLE 12 - USE OF OFFICIAL FACILITIES

Section a. The Employer agrees to provide a compound shack for the compound officers between B & C units, equipped with the following: climate control, desk, chair, telephone, typewriter, microwave oven, and refrigerator. The Employer further agrees to provide a refrigerator and microwave oven for the following posts/areas: Control Center, Housing Units, Warehouse, Garage.

Section b. Management agrees to provide a total of three Union Executive Board parking spaces in the parking area on the west end of the Administration Building.

Section c. The Employer agrees to provide parking spaces, in the row directly beside Tower One, for each of the following: Correctional Officer of the Year and Correctional Officer of the Month.

Section d. The Employer will continue to furnish the Union the office space it is currently occupying, with all current furnishings, located at the FDC. In addition the Employer will provide the Union Office with filing cabinets, computer with CD-ROM, LaserJet or DeskJet printer, color monitor and LAN terminal authorized for Internet access.

Section e. The Employer agrees to provide bulletin boards for the exclusive use of the Union in the following areas and size: main corridor, size 5 feet long by 3 feet high (current board); Education department staff lounge, Facilities department staff lounge, Unicor staff lounge, and Food Service staff office area, all of these boards will be size 5 feet long by 3 feet high. Materials to be posted on these boards will be determined by the Union as outlined in the Master Agreement, Article 12, Section c.

Section f. Management agrees to designate all parking nearest the administration building as "staff only" parking, excluding the handicapped parking spaces. Designated parking will be posted; with visitor, inmate visitor, and vendor parking being the farthest away from the administration building.

Section g. The Employer agrees to allow the Union to use metered mailing privileges in forwarding documentation to Union officials or others above the local level for representational purposes. The Union agrees that they will not use this privilege for internal Union business.

Section h. The Union will be provided a space for articles in the "Tally Talk". Management agrees to notify the Local Union President of deadlines for submitting articles to said newsletter.

Section i. Management agrees to maintain current dining facilities for staff. In addition, Management will convert the inmate bathroom located in the foyer of the Food Service entrance for staff use only.

Section j. The Employer agrees to provide the Union with a copy of the BOPDOCS CDROM each month as it is provided to Management from Central Office.

Section k. The Union will be allowed to utilize the electric sign board in the front entrance to publicize the following: Union sponsored events, Union-invited guests, Union phone number, and Union office location. The Union will be responsible for keying information into the system.

Section l. The Employer agrees to provide a location close to the key line at both facilities for a Union suggestion box. The box will be no larger than 12 inches x 12 inches x 3 inches.

ARTICLE 13-QUESTIONNAIRES

Per the Master Agreement.

ARTICLE 14 - EMPLOYEE PERFORMANCE AND RATINGS

Section a. Entries on evaluations or performance log entries of bargaining unit staff will be typed or legibly written in non-erasable ink. It is understood that any employee may obtain a copy of his or her evaluation from their supervisor (Correctional Services may contact any Lieutenant).

Section b. Staff will be afforded the opportunity to have their evaluation presented and discussed with them by the Rating Official or Reviewer during normal duty hours of the employee.

Section c. The Employer agrees to post a roster within the first four weeks of each quarter that reflects each employee and the supervisor responsible for rating their performance for that quarter.

ARTICLE 15 - OUTSIDE EMPLOYMENT

Per the Master Agreement.

ARTICLE 16 - POSITION DESCRIPTION AND REVIEW

Section a. When it becomes necessary to assign work to an employee that is not reasonably related to the employee's basic job description, the Local President or designee will be contacted as soon as possible to discuss technologies of work prior to implementation.

Section b. No less than ten (10) days prior to the creation of any new post, and prior to any new post being manned, the Employer and the Union agree to discuss the impact and implementation of said post. In those cases where outside contingencies beyond the control of local Management necessitate the creation of posts and/or assignments in less than ten (10) days, the Union President will be notified at the earliest possible date.

ARTICLE 17 - EMPLOYEE PERSONNEL FILES

Per the Master Agreement.

ARTICLE 18 - HOURS OF WORK

Section a. The Employer and the Union agree that Appendix A (Quarterly Employee Preference Reauest Form) of this Supplemental Agreement will be the document distributed to and utilized by all staff for all future shift requests.

Section b. Roster committees for all departments outside of the Correctional Services department will be formed, to develop a roster utilizing the procedures as outlined in Section d. of the Master Agreement.

Section c. In the event that two or more employees have the same entry-on-duty date with the Bureau of Prisons, total government service will be the first tie breaker to be utilized. In the event that two or more employees are still tied, the tie breaker will be decided alphabetically utilizing the first letter of the affected employees' last name on a roll down basis starting with the letter A and so on through the alphabet (i.e., A would go first quarter and B would go first the next quarter, etc.) In the event that two or more employees have the same entry-on-duty date and have the same last name, the tie breaker to be utilized will be the first letter of the first name; and if they are the same, the first letter of the middle name. If the employee has no middle name, he will automatically go second.

Section d. The following procedure will be used in the assignment of overtime:

1. The Employer will maintain two overtime sign-up sheets, one listing correctional staff and one listing non-correctional staff.

2. Staff will be allowed to sign up two weeks in advance of the actual overtime period. Staff should indicate the desired shift and days he or she would be available for overtime. The final overtime list will be randomly generated by computer.

3. Overtime will not be filled more than forty-eight (48) hours in advance.

4. A maximum of two shifts of overtime may be approved for each person for the 48 hour period until each individual on the list has been called.

5. A "no contact" will be noted in the overtime list indicating date and time contact was attempted, and the lieutenant attempting to make contact.

6. Once the correctional overtime list has been exhausted, then the non-correctional overtime list will be utilized, adhering to the same procedure outlined above.

ARTICLE 19 - ANNUAL LEAVE

Section a. An annual leave committee for all departments shall be formed, and will meet no later than November 30 to formulate the annual leave roster for the followinS year. This committee will be comprised of one or two Union representatives designated by and at the discretion of the Local President, and Management will have one or two representatives at the discretion of Management. Annual leave scheduling shall be accomplished on a rotation basis by seniority, with the most senior employee being considered first and the least senior employee being considered last, by rounds.

Employees are strongly encouraged to list more than one choice per round to insure that they receive annual leave for that round. Once the most senior employee in a department has been allocated his or her first choice, he or she will not be considered for a second choice until all other members of the departments first choices have been considered. If an employee's choices in the first round or subsequent rounds have already been granted to a more senior employee when his or her choice comes up for consideration, then they will be considered as having no choice and will be considered again in subsequent rounds. Employees may request leave in either one or two week increments, and for up to a maximum amount per year that equals what they have accrued and will earn in the leave year for which the request is being submitted.

In the event that there are two or more employees with the same entry-on-duty date with the Bureau of Prisons, total years of Federal Service will be the initial tie breaker for the purposes of determining seniority. If two or more employees are still tied, then the most senior person will be determined alphabetically by the first letter of the last name, with the lowest letter going first and the higher letter going second. If one or more employees are still tied, then the first letter of the first name will be used; and if they are still tied, the first letter of the middle name will be used. The above procedure will be utilized on a roll down basis alternating by years, i.e., the person going first in the first year will rotate to the bottom of the list in subsequent years until all others have been considered first, at which time the individual with the lowest letter in the alphabet will again be considered first.

All departments will utilize an annual leave request form that will include but not be limited to the following: a minimum of six columns listed round 1 through 6; each column will have six choices listed underneath them. The request form will include a spot to list the following information as well: name, EOD date, total weeks of annual leave requested, annual leave hours earned. The specific form will be composed and agreed upon by both Management and the Union, and included in the back of the Supplemental Agreement as Apendix B.

Section b. Management will include the Union in discussions regarding curtailing of leave periods during the total leave year scheduling process.

Section c. No employee will be directly or indirectly intimidated, coerced, or threatened when exercising their statutory right to request or use annual leave. For the purpose of this Agreement, the term intimidated, coerced, and threatened includes, but is not limited to, promising to confer or conferring, or effecting or threatening to effect any reprisal (such as deprivation of appointment, promotion, or compensation).

ARTICLE 20 - SICK LEAVE

Section a. No employee will be directly or indirectly intimidated, coerced, or threatened when exercising their statutory right to request or use sick leave. For the purpose of this Agreement, the term intimidated, coerced, and threatened includes, but is not limited to, promising to confer or conferring, or effecting or threatening to effect any reprisal (such as deprivation of appointment, promotion, or compensation).

ARTICLE 21 - TRAINING

Section a. ihe Employer and Union agree that during annual refresher training, bargaining unit employees will be authorized to wear blue jeans as long as the blue jeans are neat and clean, with no holes.

Section b. Management and Union agree to meet a minimum of eight weeks prior to annual refresher training, to negotiate impact and implementation to be used for providing reliefs for staff that need to attend annual refresher training.

ARTICLE 22 - EQUAL EMPLOYMENT OPPORTUNITY Per the Master Agreement.

ARTICLE 23 - UPWARD MOBILITY Per the Master Agreement.

ARTICLE 24 - EMPLOYMENT OF RELATIVES Per the Master Agreement.

ARTICLE 25 - REDUCTION OF FORCE, TRANSFER OF FUNCTION, AND REORGANIZATION Per the Master Agreement.

ARTICLE 26 - RETIREMENT AND RESIGNATION Per the Master Agreement.

ARTICLE 27 - HEALTH AND SAFETY

Section a. A supply of rubber examination gloves will be maintained in the following locations for staff assigned to these locations: SHU and ISM at both the FDC and FCI. In addition a supply of rubber examination gloves will be maintained for all other staff at the Control Center and Lieutenants Office at both the FDC and the FCI.

ARTICLE 28 - UNIFORM CLOTHING

Section a. The Employer agrees to maintain an adequate supply of foul weather gear for all employees required to work an outside detail post/environment. All foul weather gear will be available for check-out using the current chit system, and will be cleaned as needed prior to being re-issued/checked-out to another employee. At a minimum, the Employer will provide the following:

1.Hooded rain jackets with bibbed pants

2.Rubber overshoes

3.insulated gloves

4.Hooded cold weather coats

5.lnsulated coveralls with hood

Section b. For employees assigned to outside posts/environments, the Employer agrees to provide ball caps and/or wide brim hats upon request, for the purpose of protection from UV rays.

Section c. The Employer agrees to meet quarterly with the Local Union President to discuss the status, reliability and quantity of security equipment.

Section d. A sufficient supply of lab coats and surgical scrubs will be maintained for issue to health services staff for wear while on duty. If it is necessary for staff to change into scrubs while at the facility, this will be accomplished while on duty time. The Employer agrees to properly clean and launder the above, per acceptable industry standards.

Section e. The Employer agrees to properly clean and launder bullet proof vests biweekly, or as needed.

Section f. The Employer and the Union agree to negotiate the exact cost and quality of footwear during the Local Supplemental Agreement negotiations. The Employer agrees to provide the following model number shoes and boots for staff to choose· from (from the Iron Age catalog in effect at the time of negotiations and which was provided to the Union by Management):

221, 222, 416, 423, 429, 433, 436, 442, 450, 481, 483, 497, 604, 605, 606, 621, 633, 652, 677, 693, 707, 735, 767, 953, 6040.

In addition the following tan colored boots will be offered: model numbers 626 and 739. Management and the Union agree that there may be other models that staff may select from, and that the Employer will be obligated to pay the first $75.00 of the cost of any selected footwear, to include but not limited to the above. In addition, Management and the Union agree that should any of the above listed models of footwear be discontinued, or if Iron Age loses their GSA contract; that Management and the Union will meet to renegotiate a replacement model, to include the cost and quality of said replacement, or to negotiate all models to include cost and quality, if it becomes necessary to switch to a different vendor due to Iron Age not renewing their GSA contract. Management agrees that, if during the term of this Agreement there is an increase in the cost of any of the above listed models of footwear, Management and the Union will meet to renegotiate the cost and quality of any said footwear.

Section g. The Employer and the Union agree that all areas of the Institution are designated foot hazard areas, with the exception of the Administration Building (excluding custodjal posts), Health Services area, Chapel, and the Education Building.

Section h. The Employer and the Union agree that the only posts that require the wearing of the dress uniform are the following posts: Control Center day watch, Visiting Room, Front Lobby, and escorted trips.

Section i. The Employer and the Union agree that employee(s) assigned to the following posts will be allowed to wear the nickel gray uniform: Mail Room, Rear Gate, Tool Room and Compound. In addition the Employer agrees to provide aprons for the Special Housing Unit, and jump suits for the Bus/Airlift crew when performing maintenance.

Section j. Recreation staff will have the option to wear pants or shorts, at their discretion.

ARTICLE 29 - WORK SITE CONDITIONS

Section a. The Employer and Union agree that all bargaining unit staff assigned to outside posts (i.e., fog watch) will be relieved no less than every ninety (90) minutes, unless a shelter with heat, air conditioning, and restroom facilities is available. For those instances where an Institution emergency has been declared (i.e., fog watch, etc.) and staff are assigned to outside posts and request a relief to use the restroom, Management and the Union agree that a relief will be provided no later than ten (10) minutes after said relief has been requested.

Section b. Every unit officer will be provided an office in C unit, F unit, SHU unit, and B unit (currently under reconstruction) at the FCI, to include but not limited to the following equipment: LAN terminal with Sentry capability and printer, FTS phone line, desk, suitable chair, and typewriter. All other units at the FCI will be refurbished to include a unit officer's office equipped as outlined above, upon completion of renovation projects currently scheduled. (For the purposes of this section, currently scheduled means both parties agree that renovation is planned at the time of bargaining.) All unit officers at the FDC will be provided an office equipped as outlined above.

Section c. The Employer agrees to provide a designated motorcycle parking area large enough to accommodate five motorcycles for staff use.

Section d. The Employer agrees to maintain antibacterial soap and hand towels in all staff bathrooms.

Section e. The Employer agrees to provide locking mail boxes for Correctional Services staff, by utilizing the existing mail boxes and putting on a hinged door with a combination lock.

ARTICLE 30 - DISCIPLINARY AND ADVERSE ACTIONS Per the Master Agreement.

ARTICLE 31 - GRIEVANCE PROCEDURE Per the Master Agreement.

ARTICLE 32 - ARBITRATION Per the Master Agreement.

ARTICLE 33 - MERIT PROMOTION Per the Master Agreement.

ARTICLE 34 - EMPLOYEE ASSISTANCE PROGRAM Per the Master Agreement.

ARTICLE 35 - PRIORITY PLACEMENT PROGRAM Per the Master Agreement.

ARTICLE 36 - HUMAN RESOURCE MANAGEMENT Per the Master Agreement.

ARTICLE 37 - SEXUAL HARASSMENT Per the Master Agreement.

ARTICLE 38 - QUALIFIED HANDICAPPED EMPLOYEES Per the Master Agreement.

ARTICLE 39 - FURLOUGHS Per the Master Agreement.

ARTICLE 40 - ASBESTOS Per the Master Agreement.

ARTICLE 41 - PUBLICATION AND DISTRIBUTION OF THIS AGREEMENT

Section a. This Agreement will be published by the Employer, at no cost to the Union or any bargaining unit employees.

Section b. This Agreement will be published in an 8 ~z inch by 11 inch format. It will be bound and printed in the same style as the Master Agreement, except that the outside cover will be in the color of Forest green.

Section c. This Agreement will be published and distributed as soon as possible, but no later than forty-five (45) days after the completion of the ratification process and Agency head review.

Section d. The Employer will provide a copy of this Agreement to ail current employees at this facility within the time frame set above. New hires and employees transferring in from other facilities will be given a copy during orientation. The Employer will maintain a supply of this Agreement and will honor replacement requests of employees.

Section e. Should any revision of this Agreement be necessary, all expenses related to revising this Agreement will be borne by the Employer. Distribution will be made in accordance with Section d. above.

Section f. The Employer will provide the President of Local 1570 with sixty (60) copies of this Agreement. If this Agreement is revised, sixty (60) copies will be provided to the President of Local 1570.

ARTICLE 42 - EFFECTIVE DATE AND DURATION OF THIS AGREEMENT Per the Master Agreement.

END OF DOCUMENT

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