AFGE Local 0480

Representing The Bargaining Unit Employees of FCI McDowell

Welcome to AFGE Local 0480 website. Local 0480 represents the bargaining unit employess at FCI McDowell, located in Welch, West Virginia. We hope that you find this site informative as well as helpful. If you have any suggestions to help improve this site please contact one of the the E Board members.

 



                                            

          



Budget Update: 

The House passed the Republican budget by a vote of 219-206.That budget contains $32 billion in reconciled pay and retirement cuts to our members. The Senate Budget Committee passed its budget which contains no reconciled cuts to federal workers’ pay and retirement. Once the House and Senate go to conference, it will be absolutely critical for our members to tell their legislators to support the Senate version which rejects the cuts in the House budget. 

This is a winnable battle but only if our members are fully engaged. We will keep you posted about our mobilization strategy for conference. In the meantime, our members should keep contacting their legislators and delivering the message to oppose the cuts. 



Tell Your Lawmakers to Oppose Any Final Budget with Cuts to Your Pay & Retirement:

Recognition

ARTICLE 1- RECOGNITION - RECOGNITION

Section a. The Union is recognized as the sole and exclusive representative for all bargaining unit employees as defined in 5 United States Code (USC), Chapter 71.

Section b. The Employer recognizes the Union as the exclusive bargaining agent under the provisions of the Federal Service Labor Management Relations Statute, 5 USC, Chapter 71, 7101 et. seq., hereinafter 

 

FOLLOW AND LIKE US ON FACEBOOK.

AFGE LOCAL 480        FCI McDOWELL FACEBOOK PAGE


 

Statistics for 2014

Staff Murdered by Inmates: 0

Inmate Homicides: 1
 
Assault on Staff Without Weapons: 7
 
Assault on Staff With Weapons: 7
 
UPDATED OCT. 21, 2015
 

LEGISLATIVE CONCERNS OF FEDERAL CORRECTIONAL WORKERS AND FEDERAL EMPLOYEES UNDER THE 114TH CONGRESS

 Mr. Yates Will be in Washington, DC the week of October 26, 2015 to visit and lobby our members of congress concerning the issues facing Federal Correctional Workers. It is our goal as a Local Union to provided the safest work place we can possibly provide. If there are any issues that you would like to be presented that effects our safety and working conditions please contact a Local E Board Member. 

 

                Current Key Legislation 

Bills we are actively seeking cosponsors:

  • H.R. 2999 - Takano FAIR VA Accountability Act (15 cosponsors, increase of 8)
  • S. 1856 - Improving Accountability at the VA (19 cosponsors, increase of 13)
  • H.R. 3150 - One Social Security Act (75 cosponsors-New bill)
  • S. 242 - Wounded Warriors Federal Leave Act of 2015 (2 cosponsor, increase of 1 )
  • H.R. 313 - Wounded Warriors Federal Leave Act of 2015 (33 cosponsors, no change)
  • H.R. 304 - FAIR Act (77 Cosponsors, increase of 2)
  • S.164 - FAIR Act (6 cosponsors, increase of 1)
  • H.R. 305 - Offshoring Prevention Act (4 cosponsor, no change)
  • H.R. 814 - Thin Blue Line Act (12 cosponsors, increase of 1)
  • S.368 - Correctional Officer Self-Protection Act of 2015 (4 cosponsors, increase of 1)
  • H.R. 1545 – Lt Osvaldo Albarati Correctional Officer Self-Protection Act (11 Cosponsors, increase of 1)
  • H.R. 485 - Wage Grade Parity Act (12 cosponsor, no change)
  • H.R. 785 – Pension Fairness Act (24 cosponsors, increase of 2)
  • H.R. 1193  Prohibition on Per Diem Reduction (32 cosponsors, increase of 1)
  • H.R. 472 - Eric Williams Correctional Officer Protection Act (15 Cosponsors, increase of 2)
  • S. 502 – Smarter Sentencing Act (12 Cosponsors, no change)
  • H.R. 920 –Smarter Sentencing Act (54 Cosponsors, increase of 3)
  • H.R. 2146 - Defending Public Safety Employees' Retirement Act (5 Cosponsors, no change)
  • S. 969 – Federal Public Safety Retirement Fairness Act (1 Cosponsor, no change)

Bills we are actively opposing:

  • H.R. 417- Federal Workforce Reduction Through Attrition Act (8 cosponsors, no change)
  • H.R. 1230 - Government Employee Pension Reform Act of 2015 (0 cosponsors, no change)
  • H.R. 340Rebalance for an effective defense uniformed and civilian employee act ( 9 Cosponsors, no change)
  • H.R. 1658-Elimination of Official Time (21 cosponsors, no change)
  • S. 1082 - Stripping Due Process Rights from VA Workers (13 cosponsors, increase of 3)
  • H.R. 1994 – VA Accountability Act (98 cosponsors, increase of 20)

Legistlation successfully passed:

  • H.R. 2146 - Defending Public Safety Employees’ Retirement Act (Passed 7/29/15)

TO READ THE TEXT OF THE PROPOSED LEGISLATION AND TO TRACK THE PROGRESS PLEASE  VISIT http://www.govtrack.us/

 

THIS SAYS IT ALL, FUND FEDERAL PRISONS PERIOD !

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CRISIS AT CANAAN

FOLLOW UP TO THE MINUTE UPDATES ON OFFICER WILLIAMS DEATH.

CITIZEN VOICE

 

THE YOUTUBE VIDEO IS THE PRESS CONFERENCE HELD AT THE NATIONAL PRESS CLUB DATED 2013. THE GUEST SPEAKERS ARE FROM THE FAMILIES OF SLAIN OFFICER; ERIC WILLIAMS, JOSE RIVERIA AND LT. ALBARATI.

 

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CPL33 VIDEOS

COUNCIL OF PRISON LOCALS 2014 LEGISLATIVE CONFERENCE VIDEO.

http://youtu.be/CHtP0PRvkCc

 

ERIC WILLIAMS TRIBUTE

http://youtu.be/cDEEc_h-UkU

 

JOSE RIVERA WE WILL NEVER FORGET

http://youtu.be/NsiTfOPDM1o

 

JOSE RIVERA DEATH AT A COST

http://www.youtube.com/watch?v=0iosPQL-INQ&feature=share

 

OFFICER AT SEATAC ASSAULTED

http://youtu.be/ReMq-PZeMZo

 

Need a Union Rep?

                                                   PLEASE READ!! 

IF YOU ARE CALLED TO REPORT THE  SIS SHOP PLEASE INFORM THE LIEUTENANT THAT YOU WANT A UNION REP. THEY MAY TELL YOU THAT YOU ARE A WITNESS AND NOT THE SUBJECT OF THE INVESTIGATION, BUT DO YOU KNOW THE OUTCOME?? YOU MAY END UP BEING THE SUBJECT. DEMAND A UNION REP!!!

 

IF AN AGENT FROM OIG SHOWS UP AT YOUR PLACE OF RESIDENCE WITHOUT A WARRANT YOU ARE NOT OBLIGATED TO TALK TO THEM, PLEASE TELL THEM TO LEAVE AND CONTACT A MEMBER OF THE UNION E BOARD ASAP!! SAME IF THEY SHOW UP AT THE INSTITUTION, DEMAND A UNION REP. YOU HAVE THE RIGHT TO BE REPRESENTED BY THE UNION REGARDLESS OF WHAT THEY TELL YOU, INVOKE YOUR RIGHTS!!    

  

Did you know anytime you are faced with disciplinary actions you may request a Union Representative? Just advise your supervisor you want a Union Representative present before they begin to discipline you. 

All Bargaining Unit Employees of the Bureau of Prisons have the right to be accompanied by a Union Representative to all interviews with management officials, in which the employee reasonably believes the interview might result in disciplinary action  to include "NOT THE SUBJECT OF THE INVESTIGATION".

 Weingarten Rights
Unit employees, including probationary employees, have the right to a Union Representative during any examination by, or prior to submission of any written report to, a representative of the Employer in connection with an investigation if:

1. The employee reasonably believes that the examination may result in disciplinary action the employee; and
2. The employee request representation. 


The above right is guaranteed in the 1975 U.S. Supreme Court decision, NLRB v. J. Weingarten, and violation of that right has been found to be an Unfair Labor Practice. Simply stated, your Weingarten Rights provide that you may request, and management must provide, a Union Representative to accompany you to all interviews that you believe may result in disciplinary action.

Your Rights During an OIG Investigation: Garrity and Kalkines

While Weingarten and Miranda Rights will still be afforded, Special Agents use Kalkine or Garrity warnings in interrogations that staff should become familiar with.

Garrity Rights: This is a voluntary interview. Always request a Union Representative and do not answer any questions. You can leave the interview if they inform you that this is a voluntary statement. Do not go forward until that has been explained and you have signed the waiver and assurance form from OIG. Protects the employee from having to choose between self incrimination and job forfeiture for failing to cooperate. The individual has the right to not be threatened with discharge in order for the OIG to secure incriminating evidence that would be used against them for arrest and prosecution. Miranda Rights would be applicable here.

Kalkines Rights: If the individual is given immunity from criminal prosecution, the employee is required to cooperate in the investigation even if the information solicited could be used for discharging the employee. Special Agents do not have the authority to grant immunity from criminal prosecution. However, if Special Agents provide the form "Administrative Warning: Duty to Cooperate" that means that the OIG has obtained such a waiver of prosecution.
AFGE Local 0480 union wants to remind all bargaining members of their right to a Union Representative during any examination that may lead to disciplanary action. This includes Office of Inspector General (OIG), Office of Internal Affairs (OIA) and Special Investigative Services (SIS). The SIS Lt. does not pick the representative, the union does. The agency also has an obligation to inform you of your right to Union Representation prior to any examination that may lead to diciplinary action, even if you don't ask for it, they must advisel you of your right. See Weingarten Rights above.

CORRECTIONAL PEACE OFFICERS FOUNDATION

Membership Benefits

The Correctional Peace Officers Foundation, Inc. was created in 1984 to fill the long-outstanding need for a charitable support organization of, by and for the professional Correctional Officer.

Primary Goals: The first and foremost goal of the CPO Foundation is to protect and assist the survivors (spouses and children) of on-duty Correctional Peace Officers murdered at the hands of incarcerated felons. Despite extensive training and great care in the performance of duties, acts of violence against Officers can and do occur. The CPO Foundation believes that the bereaved family of a slain Officer should not have the added burden of obtaining funds for their immediate needs.

The second goal of the CPO Foundation is the promotion of the professional image of the modern Correctional Officer in the perception of the general public, nationally, globally and in the minds of Correctional Officers themselves.

The Benefit: The CPO Foundation Death Benefit Program provides a total of $60,000.00, paid in installments over a 24-month period of time, to the family of the Correctional Peace Officers (as defined in the Bylaws of the CPO Foundation) murdered in the line of duty. The payment schedule is as follows: (1) $6,000 death benefit paid to the recognized family of the slain Correctional Officer upon certification of an on-duty murder by an incarcerated felon or supervised parolee, either juvenile or adult. (2) Remaining balance to be paid over a 24 month time period that will begin after the Officer is recognized at Project 2000.

Growth: Since the inception of the Correctional Peace Officers Foundation, its supporting membership has continued to increase. That growth has enabled the Foundation to broaden its scope to now include assistance in the areas of hospice need, bereavement and catastrophic situations or illness.

Community Involvement: The CPO Foundation is also involved in local community affairs. In each area that a fundraiser is held, the CPO Foundation donates back into the community a portion of all monies received. These funds are donated to a variety of programs within the community, most as a rule going to youth oriented activities such as drug diversion programs and/or youth self-help groups; and always in the name of the Correctional Peace Officer.

Membership: For a minimum donation of $5.00 per month, a Correctional Officer can join the CPO Foundation as a Supporting Member. The contribution is TAX DEDUCTIBLE to the extent allowable by law. Supporting membership is open to all who are Correctional Officers working within the Correctional Series supervising in-custody felons anywhere in the United States. Eligible are the men and women who work within the prisons, institutions or jails supervising either adults or juveniles, or in theparole/probation systems. This includes city, county, state or federal systems. Collectively, this group of professional Peace Officers is called “Correctional Peace Officers.” All supporting members receive: (1) full coverage under the CPO Foundation’sDeath Benefit Program; (2) a membership card; (3) a membership decal; and (4) an automatic subscription to the CPO Foundation’s publication, the CPO Family.* 

 
                           Mr. Yates presenting a donation from CPOF to a Union member.
 
 
                         Mr. Yates presenting a check from C.P.O.F. to Mr. Maitland.
 
 
                                       Mr. Manning receiving CPOF assistance check.
FAIR REPRESENTATION NOT ABSOLUTE.

THE SITUATION: A worker files a ULP charge against the union for its failure to pursue her grievance. The union believes that the case against the employee is too solid. What are the union's rights and obligations?

A union with exclusive recognition must represent the interests of all bargaining unit employees without regard to their membership in the union, according to 5USC7114(a)(1). This is commonly referred to as the union's "duty of fair representation." This duty is not absolute, however.

Sometimes, the union may discriminate on the basis of membership. In Fort Bragg, 28 FLRA 908, 87 FLRR1-1434 (FLRA 1987), the Federal Labor Relations Authority explained that the duty attaches only when the union has exclusive representation authority over the dispute.

The union represented its members in a class action suit and stated that nonmembers had to pay a $500 fee to be included. The FLRA ruled that the union didn't violate its duty of fair representation because the suit wasn't grounded in its role as exclusive representative. The nonmembers could have filed a similar suit. The FLRA explained that a union may lawfully treat employees differently based on whether they pay union dues in cases where employees may select a representative other than the union, such as matters before the Merit Systems Protection Board.

Here, the employee seeks representation in the negotiated grievance/arbitration procedure where the union has exclusive rights. Thus, it would be a ULP to deny representation because she isn't a union member, However, the union argues that she has a bad case and doesn't want to waste effort pursuing it.

The Supreme Court tackled this issue decades ago in VACA v. Sipes, 386 U.S. 171, 103LRP 19901 (U.S. 1967), a private sector case decided under the National Labor Relations Act. The Court's decision applies to the federal sector because in Fort Bragg, the FLRA ruled that Congress adopted for federal employee unions the private sector duty of fair representation.

In Vaca, a union refused to process a grievance over an employee's termination to the final step of the grievance procedure, arbitration. the Court declared that employees don't enjoy an absolute right to arbitration, and explained that in administrating the grievance procedure, unions must make decisions on the merits of grievances in a good-faith manner. The Court noted that the union must have the discretion to weed out frivolous grievances to avoid the costliest part of the grievance process. The union violates its duty if it arbitrarily ignores a meritorious grievance or chooses not to proceed based on wrongful conduct, such as discrimination or personal hostility.

In defending against a charge of discrimination based on membership status, a union should examine its past practices. Does it regularly represent nonmembers in arbitration? Does it regularly reject non-meritorious cases brought by dues-paying members

 

BECOME A MEMBER TODAY!!

We want all Bargainning Unit Employees to have a voice in how this Local is ran. Join today and let your voice be heard !   Click on this  Join 1187.pdf

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