It is with pleasure
that I welcome you to the AFGE Council of Prison Locals #33 AFL-CIO 2011 convention. I am pleased that you have chosen our
city as the site to host this event.
The American
Federation of Government Employees is the largest federal employee union representing over 600,000 government workers which
includes 30,000 staff members of the Federal Bureau of Prisons. I applaud the efforts of these men and women who work under
very adverse situations and put their lives in danger each and every day.
I would like
to take the opportunity to thank council president Bryan Lowry and the council’s regional vice presidents along with
every member of your organization for their commitment and dedication to improving the lives and working conditions of these
prison workers.
I wish you a wonderful convention and continued
success.
Sincerely,
HARRY REID
United States Senator
Member's,
As we move closer to March 4, 2011 and the expiration of the current continuing resolution funding all government operations
without a finalized 2011 approved budget, the possibility of a government shutdown hangs in the balance and the unknowns of
its effects if it does occur is something that our membership will look to us to have an answer on, if and when it occurs!
In current discussions with the Agency they have stated yes, the BOP has recently contemplated the likelihood of a government
shutdown (partial and total). As far as planning, they have stated they have started reviewing the way in which they responded
the last time this occurred (in the mid-90's). They state they would wait for guidance from OPM (as they did in the past -
since this is bigger than the BOP, their actions, and those of all federal agencies, will be governed by OPM's direction).
They state the impact on the agency is not completely known at this time, but if this shutdown proceeds like the last time,
institutional staff would likely not be furloughed (as all staff in the institutions are considered essential by the BOP,
DOJ and OPM), but may not be compensated for work until after the shutdown ended. Also stated was that Non-essential staff,
mostly at the regional and central offices could face furlough and those that were deemed essential, would also work with
delayed compensation. The Agency stated All staff would be informed individually in writing of what to expect during the shutdown.
However, I was currently told this was based on memory only of the one and only other experience with this type event.
The Agency also states that because they have not received word about the likelihood of a shutdown, OPM has not sent out
any direction as of yet, and they must wait on both to generate the Agency's response.
I have formally requested pre-decisional involvement at this point on behalf of the Council to try an proactively deal
with all the concerns and issues our membership will be faced with if this occurs. The parties are scheduled to meet next
week in D.C. for Master Agreement negotiations. I have put in a request to the Agency to cancel contract bargaining in lieu
of dealing with this urgent matter. I will keep everyone posted in regards to how we proceed!
I have two articles posted on the "In the News" section. The first article actually explains what stage Congress is at
in order to avert a shutdown. The second article gives a good overview of what occurred with the last shutdown, impact on
any employee who may be furloughed, and possibility what is going on behind the scenes in preparation that we are right now
unaware of.
Again, we will keep you posted as soon as we learn additional information in regards to this matter!
In Unity!
Bryan Lowry
AFGE ACTIVISTS STORM WASHINGTON
Hundreds of AFGE members will congregate in the nation’s capital the first week of February for AFGE’s annual
legislative conference. This is a critical time for the union and for federal employees overall. We lost one battle when President
Obama imposed a two-year pay freeze on federal employees in January, but that’s just the tip of the iceberg. Federal
employees could see their wages, salaries and benefits cut even further under various proposals floating around Washington.
What’s more, massive cuts to the size of the federal work force will jeopardize many of the programs and services we
deliver each and every day to tens of millions of Americans. No one else will fight for us. We have to take a stand now to
block these misguided and harmful proposals. Hundreds of activists will do just that during the legislative conference. But
you can still do your part even if you can’t make it to Washington. Call, write and visit your local lawmakers to let
them know that you are a federal employee living in their district who will feel the pain of any cuts they enact.
Talking Unions this Holiday Season
At gatherings with family and friends this holiday season, you may run into those who don=t see unions as key to rebuilding America and the middle
class. Be prepared with the facts. Our friends at American Rights at Work have compiled this guide to help you shed light
on what unions are really all about.
MYTH: Unions are run by big,
overpaid bosses.
FACT: Unions are run by workers.
* A union is simply a group of employees who join together to address workplace issues, so
they can improve their working conditions and have a fair shot at a better life for themselves and their families.
* Unions are democratic institutions. At the local,
state, and national level, all union leadership is elected by majority votesCjust like elections for public office.
MYTH: Unions only care about
their members.
FACT: Unions are fighting
to improve the lives of all workers.
* It=s
easy to forget that we have unions to thank for a lot of things we take for granted today in today=s workplaces: the minimum wage, the eight‑hour work day, child labor laws, health and safety
standards, and even the weekend.
* Today, unions across the country are on the frontlines advocating for basic workplace reforms
like increases in the minimum wage, and pushing lawmakers to require paid sick leave.
* Studies show that a large union presence in an industry or region can raise wages even for
non‑union workers. That means more consumer spending, and a stronger economy for us all.
* So it=s
no wonder that most Americans (61 percent) believe that Alabor
unions are necessary to protect the working person,@
according to Pew=s most recent values survey.
MYTH: Union workers are lazy,
and unions are bad for business.
FACT: Unions and profitability
go hand in hand.
* Actually, unions make the workplace more efficient B despite the stereotype that we all hear.
* Unions raise productivity
on average by up to 24 percent in manufacturing, 16 percent in hospitals, and 38 percent in the construction. Union workers
have higher professional standards because unions increase opportunities for worker training. Many even offer their own training
programs.
* Union workers are employed in some of the most respected professions. They=re nurses, firefighters, correctional officers, teachers, engineers, and NASA scientists. Union members
are responsible for building nuclear subs, the space shuttle, The Smithsonian, the Hoover Dam Bypass Bridge, and even the
American flag.
* Even small business owners think that unions are good for workersCand the economy. In fact, over 80 percent agree Astrong unions make the free market system stronger.@ They=re right. Unions exist
at some of the most successful companies out there, including AT&T, Costco, UPS, Kroger, and Southwest.
MYTH: Unions ask for too
much. In this economy, people should be thankful for any job.
FACT: Good jobs mean a stronger
economy, and that means more jobs.
* This idea is coming straight from the same corporations that ran our economy into the ground.
Now they=re taking advantage of our financial
worries to grab an even bigger slice of the pie.
* It=s
just plain wrong to make working Americans foot the bill for Wall Street=s party. And it=s
also bad for the economy. Because when workers can=t
afford the products they produce, consumer spending takes a serious hit, and the economy does, too.
* But when workers can bargain for family‑sustaining pay and benefits, consumer spending
increases. The result is a stronger economyCone
that creates jobs and enables people to work their way into the middle class.
MYTH: Public employees are
to blame for our budget woes.
FACT: Public employees earn
less than private‑sector workers in similar jobs.
* You=re
going to hear this a lot more soon. But we can=t
afford to have extremist policymakers get away with scapegoating civil servants like teachers, fire fighters, and correctional
workers.
* Private‑sector workers should be angry about the inadequate benefits they receive,
but the solution isn=t to take hope away from the
public sector workers who keep our communities strong.We have to make the economy
work for everyone.
* Recent studies show that public employees make significantly less than private‑sector
workers with comparable education and experience, even when you factor in benefits. And according to Nobel laureate economist
Paul Krugman, state and local employees=
pensions make up only 6 percent of non‑federal public sector spending.
* Still not convinced? It turns out that what=s bad for public workers is bad for the economy, too. The Center for Economic Policy Research reports
that freezing federal workers= pay will mean a loss
of $2.5 billion in consumption by 2012C18,000
private‑sector workers stand to lose their jobs as a result.
* And don=t
forget, it was Wall Street=s recklessness that caused
budget shortfalls in states across the countryCnot
public service workers. Making public service workers pay for Wall Street=s wrongdoing won=t
create jobs, and it won=t save the public services
we all depend on.
AFGE
For those of you who have not heard AFGE has hired David Borer as the Union’s New General Counsel, replacing Mark
Roth, who retired after 27 years as AFGE General Counsel and 35 years of service at AFGE. David has been working in the labor
movement throughout his career. Most recently, he has been the Executive Director of the Massachusetts Teachers Association
with a staff of 200. Before that, he had been the General Counsel for the Association of Flight Attendants-CWA, for 13 years
in addition to holding positions of Director of Collective Bargaining and Organizing. Prior to that, he spent five years as
a field representative, an Attorney and Regional Director for the Ohio Civil Service Employees Association/CWA. David has
now been in his New position for approximately two weeks. We look forward to building a good working relationship with David
in his position as AFGE's General Counsel! AFGE Legislative Conference/CPL New President's Training
AFGE will hold its annual Legislative Conference from Sunday, February 6th through Wednesday, February 9, 2011 at the Hyatt
Regency 400 New Jersey Ave NW, Washington, DC 20001. Tel: 202-737-1234
New President's Training will be held on Thursday and Friday, February 10 and 11, 2011 at the (NLC)National Labor College 10000
New Hampshire Ave. Silver Spring, MD 20903 Phone: (301) 431-6400
Travel dates are as follows. Check in will be Wednesday, February 9, 2011. Check out will be Saturday, February
12, 2011.
Silhouette's
It has recently come to our attention that the Agency has begin placing silhouette dummies in tower's in several institution's
recently. I have been told that in some locations they are even going around daily and turning the lights on in these towers
at night. We know for the most part it is not fooling the majority of the inmate population assigned at those locations, so
we have to assume it is an attempt to fool the public into thinking we are really diligent in our efforts to keep the public
safe. I am currently aware of two locations this has or is continuing to occur at, both of which are in the North Central
Region. If any of you are aware that this is occurring at your institutions, please let your RVP and I know at your earliest
convenience. This type of security protocol if we can call it that is reckless, dishonest, and could end up endangering staff,
and the public. If you are aware this is happening I ask that you respond by the end of the week. I am going to draft a letter
to the Attorney Generals Office, as well as call on each of you affected to send it with your concerns to your Senator's and
Congressperson in your state and call on them to address our many concerns of a irresponsible Director who's failed to hold
his Manager's accountable to operating fully staffed, and secure prisons without hocus pocus! Hurricane Case
I want to thank each of you who have sent additional information on employee's effected by the Hurricane Back Pay Case.
I will be discussing this matter with the Agency over the next couple of weeks for resolution and distribution of payment.
I may be calling on some of you for clarity if necessary in order to get all identified employee's compensated. I am hopeful
this can be resolved quickly and payment will be finalized quickly. I will keep you posted. LEOSA
An arbitration Case will be held in Washington, D.C. November 4th and 5th, 2010 regarding issues associated with the (LEOSA)
Law Enforcement Officer's Safety Act. Gony Freider, AFGE Attorney will be advocating with Eric Young (SERVP) as Advisor/Tech
Rep. Ms. Freider is in the process of interviewing prospective witnesses over the course of the next two weeks in preparation
for the arbitration. If you have any questions or input that could be of benefit please let your RVP, Eric, and I know. Partnership
Meeting / Executive Order 13522
The Council of Prison Locals held its first scheduled Partnership Meeting with the Agency the week of October 4, 2010 at
the South Central Regional Office in Dallas, Texas. The Agency was represented by 5 Assistant Director's, and both the Chief/Deputy
Chief LMR. This was the first time to my knowledge that the Council E-Board outside of Master Agreement negotiations has had
the ability to address this many executive staff in a neutral forum. The first two days of the session were devoted to training
in regards to the Executive Order 13522, (PDI) Pre Decisional Involvement, and (IBB) Interest Based Bargaining. The training
was put on by Jeffrey Letts (Attorney). Some of you may have met him at President/Warden Trainings held in your region. The
last day was basically a round table forum, that if nothing else, aired some of the negative concerns of mistrust the parties
view towards one another. Many issues of concerns were identified in order to determine if simple resolution in this forum
was possible. The parties also agreed that this type of forum is something that should occur on the local level, but we as
a group need to agree to how we can effectively set up training prior to an effective start date for these meetings. We are
in the process of setting dates for the next meeting, and I hope we can come to an agreement on training then whether it be
regional, multi regional, or national. They parties agreed to consider mutually agreeable minutes, that once signed off on
by the parties would be posted on Sallyport. The Agency is supposedly in the process of initially drafting these for the Union's
review. Policy Negotiations
The Council negotiating team is at MCC New York this week negotiating DNA Procedures. This is the first week of this policy
session. The Council will have a negotiating team in Washington, D.C. next week, Oct. 25th negotiating the Inmate Furlough
draft policy. That will also be the first week of that policy session.
In Unity!
Bryan Lowry
FOR IMMEDIATE RELEASE: May 20, 2010
Contact:
Jason Fornicola
(202) 639-6448
ONGOING
CRISIS AT NATION’S FEDERAL PRISON SYSTEM TO BE DISCUSSED ON AFGE’S RADIO SHOW
GovLoop
social media platform for public workers also to be discussed on “Inside Government”
WASHINGTON—Serious staffing and funding shortfalls and an increase in violence at the Bureau of Prisons (BOP) will be discussed this week on the American Federation of Government Employees’ (AFGE)
“Inside Government” radio show. The show will air on Friday, May 21 at 10 a.m. ET nationwide on Federal News
Radio at www.federalnewsradio.com and 1500 AM in the Washington, D.C., area.
AFGE Council of Prison Locals President Bryan
Lowry will address the circumstances around a recent assault at the Metropolitan
Detention Center in Los Angeles, which resulted in injuries to four
correctional officers and prompted the Los Angeles Police Department to provide
assistance outside the facility. Lowry also will discuss the critical staffing and funding shortages at BOP, which he says
have left the agency with a 5:1 inmate-to-staff ratio, significantly higher than the 3.7:1 ratio in 1997.
GovLoop Founder and President Steve Ressler then
will provide an inside look at the social media platform, which he describes as a cross between Facebook
and LinkedIn for government workers. Ressler also will shed light on GovLoop’s
charitable causes, his passion for public service, and ideas for making government work better. For more information on how
to join GovLoop, please visit www.govloop.com.
“Inside Government”
is hosted by AFGE Assistant General Counsel J. Ward Morrow. Programs are
archived on the Federal News Radio website and can be heard on demand at www.federalnewsradio.comor www.insidegovernmentradio.org. The program also is available via iTunes podcast by clicking here.
For instructions on how to listen
to “Inside Government,” click here.
“Inside Government”
is a one-hour weekly nationwide radio/Internet program dedicated to issues that impact federal and D.C. government employees.
The show airs each Friday at 10 a.m. on Federal News Radio 1500 AM in Washington, D.C. and online at www.federalnewsradio.com. It is also available to 70 million iPod users through Apple’s
iTunes podcast. "Inside Government" is produced by the American Federation of Government Employees (AFGE), the nation’s
largest federal employee union, representing 600,000 workers in the federal government and the government of the District
of Columbia.
Dear AFGE Council 33 Union Members,
The National Council on Federal Labor-Management Relations has recommended the following Guiding Principles
for Labor and Management Forums established under E.O. 13522:
*Labor-management forums should contribute positively to the performance of the agency
*Labor-management forums should promote the economic and workplace interests of employees and managers
*Labor-management forums should operate with a clear charter that grants the parties broad authority to develop solutions
jointly on issues that fall outside the scope of bargaining
*Employees and their union representatives should have pre-decisional involvement in all workplace matters to the fullest
extent practicable, without regard to whether those matters are negotiable subjects of bargaining under 5 U.S.C. § 7106
*Management and union officials and participants in labor-management forums should receive training on the requirements
of the E.O., the guiding principles, and tools and processes that could assist with problem-solving and conflict resolution
*Labor-management forums should use skilled facilitators at appropriate times
*Labor-management forums should set goals, measure performance, and communicate results
*Managers and union representatives at all levels should be committed to making labor-management forums work, which means
being personally engaged
*In the spirit of the larger labor-management engagement process, all parties should take a cooperative approach to collective
bargaining
*Labor-management forums should be led by relevant decision makers and supported by appropriate staff
*The parties should devote sufficient resources to the implementation of the E.O.
During the week of June 21, 2010 the Council of Prison Locals E-Board will be meeting with Agency Officials in Washington,
D.C. to discuss E.O. 13522 signed by President Obama and will address many of the items listed above. We will also be talking
with the Agency about resuming Master Agreement negotiations. I thank each of you for your willingness to support your Local
Union and Council 33!
In Unity!
Bryan Lowry
FOR IMMEDIATE RELEASE: May 20, 2010
Contact:
Jason Fornicola
(202) 639-6448
ONGOING CRISIS AT
NATION’S FEDERAL PRISON SYSTEM TO BE DISCUSSED ON AFGE’S RADIO SHOW
GovLoop
social media platform for public workers also to be discussed on “Inside Government”
WASHINGTON—Serious staffing and funding shortfalls and an increase in violence at the Bureau of Prisons (BOP) will be discussed this week on the American Federation
of Government Employees’ (AFGE) “Inside Government” radio show. The show will air on Friday, May
21 at 10 a.m. ET nationwide on Federal News Radio at www.federalnewsradio.com and 1500 AM in the Washington, D.C., area.
AFGE Council of Prison Locals President Bryan
Lowry will address the circumstances around a recent assault at the Metropolitan
Detention Center in Los Angeles, which resulted in injuries to four
correctional officers and prompted the Los Angeles Police Department to provide assistance outside
the facility. Lowry also will discuss the critical staffing and funding shortages at BOP, which he says have left the agency
with a 5:1 inmate-to-staff ratio, significantly higher than the 3.7:1 ratio in 1997.
GovLoop Founder and President Steve Ressler then
will provide an inside look at the social media platform, which he describes as a cross between Facebook
and LinkedIn for government workers. Ressler also will shed light on GovLoop’s
charitable causes, his passion for public service, and ideas for making government work better. For more information on how
to join GovLoop, please visit www.govloop.com.
“Inside Government”
is hosted by AFGE Assistant General Counsel J. Ward Morrow. Programs are
archived on the Federal News Radio website and can be heard on demand at www.federalnewsradio.comor www.insidegovernmentradio.org. The program also is available via iTunes podcast by clicking here.
For instructions on how to listen
to “Inside Government,” click here.
Subject: LATEST BOP ASSAULT INJURES FOUR CORRECTIONAL STAFF, VALIDATES NEED FOR MORE
RESOURCES, PROTECTIVE EQUIPMENT
FOR IMMEDIATE RELEASE: May 11, 2010
Contact:
Jason Fornicola
(202) 639-6448
LATEST BOP ASSAULT INJURES FOUR CORRECTIONAL STAFF, VALIDATES NEED FOR MORE RESOURCES, PROTECTIVE EQUIPMENT
Union calls for immediate action after violent outbreak in L.A. detention center
WASHINGTON—A recent outbreak of violence at the Metropolitan Detention Center in downtown Los Angeles
has led the American Federation of Government Employees (AFGE) and its Council of Prison Locals (CPL) to once again request
immediate action from the Bureau of Prisons (BOP) to correct the dangerous situation of understaffed and underfunded federal
prisons. According to reports, a brawl involving 10 inmates broke out May 5 at about 7 p.m. and left four correctional staff
injured and in need of hospital treatment. Los Angeles police officers were sent to the scene to maintain order outside the
facility, which serves as a holding location for men and women charged with federal crimes.
"This incident indicates a clear need for more staffing," said Bryan Lowry, president of the CPL, which represents federal
correctional employees nationwide in 115 BOP facilities. "The LAPD shouldn’t have to divert its resources to a BOP facility.
We should have enough correctional staff to manage these situations."
"This type of violence, while alarming, happens repeatedly in federal prisons across the country – most recently
at facilities in Forrest City, Ark., Oakdale, La., Beckley, W.Va., and several similarly situated facilities," Lowry continued.
"Management continues to turn a blind eye toward dangerous situations that put correctional officers, inmates, and the surrounding
communities at risk, while categorizing each instance as an isolated incident. The union believes this is management’s
attempt to lessen the seriousness of each occurrence."
In recent months, members of the Council of Prison Locals have testified on Capitol Hill regarding the dangers of working
in understaffed and underfunded federal prisons. The union has repeatedly asked for additional staff and the proper use of
appropriated funds to ensure the safety and security of the nation’s federal prison system.
Specifically, CPL wants BOP to:
· Fully staff and fund its prisons – Right now the inmate-to-staff ratio is 150:1 on most correctional assignments
and too often can be as high as 300:1. Correctional officers are unarmed inside the facility.
· Responsibly issue stab-resistant vests to correctional officers – Assaults on officers with homemade weapons have
spiked in recent years.
· Issue pepper spray to correctional staff – This less lethal weaponry would provide correctional officers the ability
to protect themselves when violent outbreaks occur, and more easily restore order to the facility.
· Continue the Federal Prison Industries (FPI) program – FPI announced it would eliminate factories at 14 facilities
and downsize operations at four additional locations throughout the country – a move that union officials say could
lead to potential violence at facilities with hundreds of idle inmates.
The FPI prison inmate work program is an important management tool that federal correctional officers and staff use to
deal with the huge increase in the BOP prison inmate population. It helps keep 21,836 prison inmates – or about 17%
of the eligible inmate population – productively occupied in labor-intensive activities, thereby reducing inmate idleness
and the violence associated with that idleness. It also provides strong incentives to encourage good inmate behavior, as those
who want to work in FPI factories must maintain a record of good behavior and must have completed high school or be making
steady progress toward a General Education Degree (GED).
"The days of ‘doing more with less’ must end," added Lowry. "If management continues to operate the BOP under
its current conditions – understaffed, overcrowded, and with an increasingly violent inmate population – more
tragic incidents such as the murder of Jose Rivera are sure to follow."
For more information on assaults throughout the BOP, go to www.cpl33.info.
###
The American Federation of Government Employees (AFGE) is the largest federal employee union, representing
600,000 workers in the federal government and the government of the District of Columbia.
Guantanamo Detainee’s : Timing is Everything
A lot of media attention has recently been focused on the Guantanamo Detainee Issue. Most of the
emphasis has been related to whether these detainee’s should be held on foreign soil or in America. The debate and battle
between our legislators as well as the media on this issue has at times been very heated! I personally do not view their sideshow
political antics as a platform or debate that we, the Council of Prison Locals should engage into.
Many times this type of issue swings over to the Union spectrum on a request from a Legislator
to a Union in order to add support to their opinion in their state in order to try an garner favorable public opinion towards
their specific initiative, which sometimes only effects their state and constituents in which they represent. Not our mission
or membership as a whole.
As Bureau of Prison employee’s it is our duty and service to ensure we protect society by
confining offenders in a controlled environment in our prisons that are safe, humane, and appropriately secure.
I believe that our staff in the Bureau of Prisons can handle any mission that they are duly authorized
to perform by the Attorney General which are provided by Law and Departmental Regulation.
As a Union our position is simple. It is a known fact that assault rates on staff are increasing
at a greater rate then anytime ever in the history of the Bureau of Prisons. It is a known fact that our prison population
institution to institution Bureau-Wide is over its individual rated capacity then anytime ever in the recorded history of
the Bureau of Prisons. It is a known fact that our staff to inmate ratio’s has declined to the most current alarming
rate experienced in the Bureau of Prisons which has greatly diminished our ability to provide maximum supervision to our inmate
population, lower the inherent hazards of our employee’s safety when performing their duties, and maintaining public
safety!
It is a fact that our Federal Prison System is underfunded, understaffed, and overcrowded. The
risk that have been taken no matter who is responsible for the dire situation we, the employee’s, find ourselves in
on a daily basis, needs to be immediately corrected before another employee plays the ultimate price of life or is seriously
injured due to inaction to implement sound funding strategies.
Before our legislators and/or administrator’s on all levels of government make a decision
to take on a new mission, it is incumbent upon them to responsibly and pro-actively examine our current underfunded, understaffed,
and overcrowded state of affairs.
I solicit each and every union member to pro-actively call your legislator’s office today
and let them know that we cannot continue to operate safe prisons without increased staffing levels to meet the needs of supervising
an ever increasing inmate population. United we can get our voice heard!
PLEASE CALL YOUR MEMBER CONGRESS TODAY!
111th Congress, Washington, DC 20515 | (202) 224-3121
In Unity!
Bryan Lowry
President, Council of Prison Locals 33
American Federation of Government Employee’s
AFL/CIO
BOP Teachers Awarded 2 Years of Overtime Back Pay: Thanks to superb representation by AFGE,
Bureau of Prisons teachers at the Federal Correctional
Complex at Victorville, California, have been awarded two years of overtime back pay following an arbitrator's decision earlier
this month. Siding with AFGE, the arbitrator ruled the teachers were improperly exempt from overtime pay under the Fair Labor
Standards Act. These teachers performed the exact same duties as Education Specialists, who are
entitled to overtime pay. The teachers, who are members of AFGE Local 3969, were represented by AFGE attorney Michael Pazder.
AFGE has been told the overtime issue is happening at other locations. The union is asking its BOP Locals
to contact the AFGE BOP Council for possible council-wide grievance
NOTICE OF COMMITTEE HEARING
The Senate Committee on the Judiciary has scheduled a hearing on “Oversight
of the U.S. Department of Justice” for Wednesday, November 18th, at 10:00 a.m. in Room 226 of the Senate Dirksen Office
Building.
By order of the Chairman.
Witness List
Hearing before the
Senate Judiciary Committee
On
“Oversight of the U.S. Department
of Justice”
Wednesday, November 18, 2009
Dirksen
Senate Office Building Room 226
10:00 a.m.
The Honorable
Eric H. Holder Jr. Attorney General U.S. Department
of Justice Washington, DC
View more pics of Leg Wk Oct. 09 click council pict link on the left ,click on link under camera
Bryan Lowry and John Gage during march at Leg Week
View more pics of Leg Wk Oct. 09 click council pict link on the left ,click on link under camera
Members,
The Council of Prison
Locals held a CPL Legislative Action Event and informational/memorial ceremony in Washington, D.C. on October 13th and
14th, 2009 in order to educate members of Congress on the critical situation inside the nation’s federal prisons.
Also to pay tribute to all of the fallen officer's who have given their lives in the line of duty for our profession, as well
as those who have been assaulted in performance of those same duties who have and continue to serve our Nation
with Honor and Pride! The American Federation of Government Employees (AFGE) /Council of Prison Locals (CPL) was seeking
full staffing and funding, responsible stab resistant vests issuances, individual carry less lethal equipment authorizations, and
the continuation of the Federal Prison Industries Program successfully throughout the BOP to properly secure the nation’s
prisons.
A congressional Reception
was held on the evening of October 13th in the Rayburn Congressional Building. This event was attended by the
following Congresspersons and /or their staff.
1. Rep. John Hall (D-NY) and staffer
2. Rep. Howard
Coble
(R-NC)
3. Rep. Ralph
Hall (R-TX)
and 4 staffers
4. John Pruett, staffer for Rep. Gene Green (D-TX)
5. John Hennemenn, staffer for
Rep. Walter Minnick (D-ID)
6. Joseph Harris, Legislative
Counsel for Rep. John Spratt (D-SC)
7. Jesselyn McCurdy and Joseph
Graupensperger, House Judiciary
Subcommittee
on Crime staff members
8. Two staffers (including Kerry
McKenney, Chief of Staff) for Rep. Donald Payne
(D-NJ)
9. Two staffers for Rep. Vic Snyder (D-AR)
10. One staffer for Rep. Elliot Engel
(D-NY)
11. One staffer for Sen. Charles
Schumer
(D-NY)
12. Christen, staffer for Sen Roland Burris (D-IL)
This was one of the most
successful reception events held by AFGE/CPL. More Congressional Members attended this event, then the event that was
held by AFGE in February 2009.
On Wednesday, October
14, 2009 the Council of Prison Locals held a memorial ceremony during lunch on the West Side of the U.S. Capitol in
Washington, D.C. as part of the informative two-day legislative push. Our representative Locals organized to educate
and lay a general foundation of the issues correctional workers are faced with on a daily basis. Information was distributed
to all Senate and Congressional Offices, and well as the various Committee Offices regarding judiciary and appropriation
issues.
This event was attended
by approximately 100 Union activists, and also attended by AFGE Staff from headquarters. Although we view this as a
successful event, we have to continue to pursue our legislative agenda day in and day out.
We will continue to keep
you notified regarding on current funding initiatives, as well as all initiatives involving unicor, and protective equipment.
We will ask that each
Local consider participating in AFGE"s Legislative Conference in February. Please check the online calendar for all
updated scheduled event's for 2010.
We are planning to hold
the type of conference annually, and hope to build on this effort to make it more successful to our mission to ensure
Prison Safety!
I want to thank AFGE's
Political Action Department, Legislative Department,
Communication's Department and
their Staff for their effort and assistance
to us in helping make
this successful!
Pictures of the event
are available on the cpl33.info site.
In Unity!
Bryan Lowry
update 9-9-09
CPL 33 Members,
The CPL 33 and AFGE Conventions for 2009 have now come
and gone. The last two weeks in Reno were very long and grueling. It was good to finally get home after 14 days
on the road. I returned home on Saturday, August 29, 2009. I Tried to catch up on some family time and rest for
the remainder of the weekend. Monday, August 31, I worked out of the Council Office trying to clear up some pressing
matters, and assist several locals with various stages of complaint processes. Tuesday, September
1, I traveled to FDC-Houston to finalize preparation for continuation of a removal arbitration. Arbitration was
scheduled to resume on September 2nd and 3rd. We finished the case on September
2, and now are waiting on finalized transcripts and will then draft the closing brief for submission.
CPL Elections
I want to Thank everyone of you for the confidence and
support you have shown me for the last 4 years as your President of the Council of Prison Locals! I consider it a privilege
to continue to serve you for the next 2 years! Winning by acclamation is a honor, and I pledge that although we are
facing many challenges, that I will serve you tirelessly and will fight to bring further respectability to this
Council and to You for the work and effort you give everyday!
I also want to take this opportunity to congratulate all of
the Council Officers elected during this years CPL Convention. I look forward to continuing to work with each of them!
All prior term officers remained in office for the next two years except Mike Coyle - NCRVP, who retired from the Bureau of
Prisons effective immediately after the Convention. Mike Coyle will truly be missed by all he served and represented.
Mike was an all around great guy who had a passion to uphold the integrity of the contract at both the Local and Council level.
Mike was not only a die-hard advocate, he was also a true friend to all of those who took the opportunity to get to know him
as a person. Mike Rule will now take the reins as the new North Central Regional Vice President. Mike has been a strong advocate for many
years as a local leader at MCC-Chicago. I want to take this opportunity to welcome Mike aboard, and say that I believe
Mike brings a very proven track record of success to your Council E-Board, and I believe he will work very hard for those
he will serve! Your Council E-Board for the next 2 years will be as follows.
Bryan Lowry - President
Roger Payne - National Sec/Tres
Michael Castelle - National Fair Practices Coordinator
Tim DeBolt - WRVP
Dale Deshotel - SCRVP
Bill Gillette - NERVP
Dwayne Person - MARVP
Mike Rule -
NCRVP
Eric Young - SERVP
Many issues were discussed and approved at the Convention this
year. We are waiting on the transcript from the recorder in order to review all approved constitutional changes and
new business as voted on by the delegates. Once it is sorted out, it will then be sent to AFGE for approval by the GCO.
We also held a Complex Leadership Meeting on two consecutive
days. Minutes were taken regarding ideas, suggestions, and direction. I am putting out an overview this week regarding
input received from local leaders who attended the meeting.
Website
We had many discussions during the CPL Convention on how to
maximize communication more effectively using the website. We received a lot of great input, and will take several measures
to enhance our websites effectiveness. Please continue to report all incidents that occur at your institutions daily.
Please continue to report all new policy, pilot, and initiative changes to your RVP.
We also would like to begin tracking all grievance and ulp complaints
filed in each local, to include what stage it is in. Once a decision is rendered, we would like to post all successes
on the website for future reference.
AFGE Convention
AFGE held its tri-annual convention the week of August 22 -28,
2009. I would like to congratulate the following National Officer's elected!
John Gage -
AFGE National President
J. David Cox - AFGE National
Sec/Tres.
Augusta Thomas - National Vice President Women's Fair Practices
The fight regarding increased per capita was a long and
grueling battle. Delegates wanting a zero per capita increase to those willing to increase to the requested
amount of $4.50 per member per month as part of the Options 2009 committee recommendation fought long and hard in this battle.
Many proposals were brought to the floor and voted on by the delegates. In the end the following per capita increase
was approved.
Effective January 2010 - $2.00 per member per month
January 2011 - $.0 increase
January 2012 - increased $ .25 per member per month
After the Convention was called to closed the AFGE National
Officer's held a (NEC) National Executive Council Meeting. Per the AFGE Constitutional Article XXIV sec. 4 (a)the
NEC can assess locals $.25 cents a month for a maximum of 4 months per year for legislative and promotional purposes.
These National Officer's passed this assessment without regard to the Convention Delegates hard fought battle over per capita
for the reminder of the 4 month period of this year. Many of us are appalled over this decision, and view this as total
disrespect of the process. Many leaders have stated this is the first time this assessment has ever been initiated.
A representative from another agency told me that she had heard one of the National Officer's state that if AFGE did
not get the per capita increase they were looking for passed, they were going to assess this constitutional allowance.
I am drafting a letter to National President John Gage for a
reconsideration. I am asking each of you who agree to do the same through your National Vice President of your respective
district. Mike Kelly(9th), Jane Nygard (8th), Gerald Swanke (11th), and Derrick Thomas (2nd), were not present at that
meeting, however, their vote has to be recorded.
In closing
Please continue to make legislative contacts. Together,
United, we will see change through our diligent efforts! Hopefully partnership is right around the corner!
In Unity!
Bryan Lowry
President's,
The Cpl and AFGE Conventions 09 have now come and gone. The last two weeks in Reno were very long and grueling.
It was good to finally get home after 14 days on the road. I returned home on Saturday, August 29, 2009. Tried
to catch up on some family time and rest for the remainder of the weekend. Monday, August 31, I would out of the Council
Office trying to clear up some pressing matters, and assist several locals with various stages of complaint processes.
Tuesday, September 1, I traveled to FDC-Houston to finalize preparation for continuation of a removal arbitration. I
am scheduled to be in arbitration on the 2nd and 3rd. We should complete the case no later then Thursday, we only have
3 to 4 witnesses remaining.
CPL Elections
I want to Thank each and everyone of you for the confidence and support you have shown me for the last 4 years as your
President of the Council of Prison Locals! I consider it a privilege to continue to serve you for the next 2 years!
Winning by acclamation is a honor, and I pledge that although we are facing many challenges, that I pledge to serve you tirelessly
and will fight to bring further respectability to this Council and to You for the work and effort you give everyday to
and for your membership!
I also want to take this opportunity to congratulate all of the Council Officers elected during this years CPL Convention.
I look forward to continuing to work with each of them! All prior term officers remained in office for the next two
years except Mike Coyle - NCRVP, who retired from the Bureau of Prisons effective immediately after the Convention.
Mike Coyle will truly be missed by all he served and represented. Mike was an all around great guy who had a passion
to uphold the integrity of the contract at both the Local and Council level. Mike was not only a die-hard advocate,
he was also a true friend to all of those who took the opportunity to get to know him as a person. Mike Rule will now
take the reins as the New North Central Regional Vice President. Mike has been a strong advocate for many years as a
local leader at MCC-Chicago. I want to take this opportunity to welcome Mike aboard, and say that I believe Mike brings
a very proven track record of success to your Council E-Board, and I believe will work very hard for those he will serve!
Your Council E-Board for the next 2 years will be as follows.
Bryan Lowry - President
Roger Payne - National Sec/Tres
Michael Castelle - National Fair Practices Coordinator
Tim DeBolt - WRVP
Dale Deshotel - SCRVP
Bill Gillette - NERVP
Dwayne Person - MARVP
Mike Rule - NCRVP
Eric Young - SERVP
Many issues were discussed and approved at the Convention this year. We are waiting on the transcript from the
recorder in order to review all approved constitutional changes and new business as voted on by the delegates. Once
it is sorted out, it will then be sent to AFGE for approval by the GCO.
We also held a Complex Leadership Meeting on two consecutive days. Minutes were taken regarding ideas, suggestions,
and direction. I am putting these together this week and will ensure each of the Council Officer's input is included
as well as to better serve those representing institutions with shared services. I apologize for the delay in getting
this out, but should be able to have this ready by the end of the week. I will create a list of all complex president's
for idea sharing. I do have some local agreements from Allenwood that they agreed I could pass along to each of
you. Please send any others to your RVP, and we will share those as well.
Website
We had many discussions with you during the CPL Convention on how to maximize communication more effectively. We
received a lot of great input, and will take several measures to enhance our websites effectiveness. Please continue
to report all incidents that occur at your institutions daily. Please continue to report all new policy, pilot, and
initiative changes to your RVP.
We also would like to begin tracking all grievance and ulp complaints filed in each local, to include what stage it is
in. Once a decision is rendered, we would like to post all successes on the website for future reference.
AFGE Convention
AFGE held it tri-annual convention last week as well. I would like to congratulate the following National Officer's
elected!
John Gage - AFGE National President
J. David Cox - AFGE National Sec/Tres.
Augusta Thomas - National Vice President Women's Fair Practices
The fight regarding increased per capita was a long and grueling battle. Delegates wanting zero per
capita increase to those willing to increase to the requested amount of $4.50 per member per month as part of the Options
2009 committee recommendation fought long and hard in this battle. Many proposals were brought to the floor and voted
on by the delegates. In the end the following per capita increase was approved.
Effective January 2010 - $2.00 per member per month
January 2011 - continued $ 2.00 per member per month
January 2012 - increased $ 2.25 per member per month
After the Convention was called to closed the NEC, your AFGE National Officer's, and your AFGE National Vice President's
of your districts held a NEC Meeting. Per the AFGE Constitutional the NEC can assess locals $.25 cents a month for a
maximum of 4 months per year for legislative purposes. These National Officer's past this assessment without regard
to the Convention Delegates hard fought battle over per capita for the reminder of the 4 month period of this year.
Many of us are appalled over this decision, and view this as total disrespect to our process. Many leaders have stated
this is the first time this assessment has ever been initiated. A representative from another agency told me yesterday
that she had heard one of the National Officer's stated that if AFGE did not get the per capita increase they were looking
for past, they were going to assess this constitutional allowance.
I am drafting a letter to National President John Gage for a reconsideration. I am asking each of you who agree
to do the same through your National Vice President of your respective district. Mike Kelly(9th), Jane Nygard (8th),
Gerald Swanke (11th), and Derrick Thomas (2nd), were not present at that meeting, however, their vote has to be recorded.
In closing
Please continue to make legislative contacts. Together, United, we will see change through our diligent efforts!
Hopefully partnership is right around the corner!
In Unity!
Bryan Lowry
**UPDATE: 3/6/2009***
FLSA
We have continued open conversation with LMR over this issue over the past several months. As of my last report
to you in January 09, the Agency had agreed to have the payout information completed and begin processing payments in February
09. Although February has now come and gone, this week while in D.C. I continued dialect with the Agency on this matter,
and the fact that they committed to begin processing payments on the noted month.
I was told this morning that they are in fact working on the calculations, and that the only minor setup was those employed
in Unicor due to non-appropriated funding, but that it should be cleared up shortly. The earlier numbers I had on who
was going to be payed and who was entitled was under 1000 employee's. Today, I was told that as many as 2500 would receive
payment.
Months ago the Agency had stated that the earlier hold up in payment settlement with the affected employee's was with
NFC, and their commitment to commit to dates to begin processing. At that time the Agency stated that since this issue
had been settled and it had prolonged they would do this in-house.
As of this mornings conversation with Central Office, I was told that a employee's entitled to payment would begin receiving
them in staggered increments this month. As well it it could begin within the next two weeks.
I understand some of our members frustration regarding this matter, and we apologize for any of the inconveniences.
Hopefully all of the affected employee's will all be payed soon, and that this matter will be resolved!
I will keep everyone posted regarding any changes or further delays.
2009 CPL 33 National
Convention
The Council
of Prison Locals will hold its annual Convention in Reno, Nevada Aug. 19-23, 2009. The 19th and 23rd, will be considered as travel days for most.
AFGE will follow with its National Convention in Reno starting with registration on the Aug.23rd and ending on Aug. 28,
2009.
The Hotel Contract has been completed. We will have a link posted on the Council Website sometime next
week where you can begin reserving your rooms for this years Council Convention. There are different pricing levels
depending on the type of room you are interested in reserving. The rates start at $59 a night and up. This is
a very nice property and we believe they will host a great event!
During the week of AFGE's Convention beginning on Aug. 23 the Council will be moving over to the Convention location.
We have established a contract with the Grand Sierra Resort - (800) 501-2651. This is the
location where AFGE will hold its Convention. Room rates start at $99.00 slightly under the rate available under AFGE's
room block. Please call the number above for the Grand Sierra and ask for the Council of Prison Locals room block.
If you have any questions, please let us know.
In Unity!
Bryan Lowry
2-5-09
FLSA
About 2 months ago the Agency began researching and formulating the FLSA payout for also staff effected. At that
time they stated staff will begin receiving payout in February 2009. During my last conversation with Docia Casillas
in Central Office LMR this matter is on schedule. I will continue to keep each of you posted if anything changes.
Click on the link below to listen to A.F.G.E.'s radio broadcast, "Inside Government"
where myself and Mike Schnobrich, Secretary Treasurer of Local 1302, were interviewed by Ward Morrow. We discussed the
crisis we are facing in the Bureau today. This is another effort by this Council to have our voices heard.
Listen and enjoy.
