South East Regional V.P.

JOINT SOUTHEAST AND MID-ATLANTIC REGIONAL CAUCUS

The Joint Mid-Atlantic and Southeast Regional Caucus was held in Memphis, TN the month of May. It was a huge success. Each year, our event has grown. More than 200 participants showed up for Caucus. This included both Regional Directors, Ray Holt, Southeast and Ike Eichenlaub, Mid-Atlantic. The Southeast Regional Director also brought Warden Bruce Pearson and a Regional Executive Assistant Rita Teel to addressed Locals= concerns throughout the day.

Basic and Advanced Stewards= Training was provided by me. All participants were provided training manuals and other templates/materials to do their jobs. I pray each person returns home and put what they have learned to use. Our members deserve it. Participants were tutored on AHow to Represent Effectively in the Disciplinary Process,@ How to Improve Labor Management Relations Meetings locally, and AHow to File Effective Grievances.@ We are already seeing the progress from this training in the Southeast Region.

I want to give a special thank you to Dwayne Person, Mid-Atlantic RVP for joining with the Southeast three (3) years' straight! This is what the word "Union@ means B joining together to get the job done. You and I have gotten the job done. I want to thank our national Officers who came, Bryan Lowry, Council President, Mike Castelle, National Fair Practices Coordinator and Roger Payne, National Secretary-Treasurer. Thanks, also goes out to Jenny Celestin, AFGE Women and Fair Practices= Attorney who provided training in EEO. Joe Mansour, National Workers= Compensation Coordinator provided Workers= Compensation Training and Roger Payne provided National Secretary-Treasurer Training. I would like to thank all the vendors in attendance as well who assisted with hospitality, FED Professional and Benefit Architect.

POLICY NEGOTIATIONS

The month of March, Dan Bethea, Executive VP from Coleman assisted the Council in negotiating the Employee Health Program Statement. Jodi Thomason, President from FCI Jesup continued the month of April. Jay Rivera, President MDC Guaynabo, PR, continues on the Policy Writing Committee negotiating the Human Resources Manual. Robert Swanson, President Edgefield, SC will continue on the Policy Writing Committee for Food Service.

As I expressed at the last Convention, negotiations of policies are a shared responsibility. All Presidents, Leaders and Union Activists are encouraged to participate in this process. Please ensure the Local is receiving all national draft Program Statements from the agency in "Draft" format. More important, ensure these policies are being forwarded via certified receipt as indicated in Article 3. Please ensure you are given the proper amount of time to review the policy. Also, Institutional Supplements should also be coming to you the same way - via certified receipt. If you are not getting these draft policy issuances, I encourage you to attempt to fix this problem immediately with your local administration. If the problem persists, I need to be informed. If this is not taken care of, you will not be able to convey your concerns to the Council or participate as a subject matter expert in negotiating any policy. Your skills are needed by this Council, so I encourage all to partake in this process.

In retrospect, Leaders, if you receive a policy issuance and you are a subject matter expert in the policy, you will receive a call from me requesting your assistance. I still have a list of names of Subject Matter Experts. All I ask, is, please continue to submit policy proposals to the Council as these policies are coming out to the field for review and input. Take the official time to read these draft policies. Remember, Official Time is paid-duty time, not your time. If you are not chosen on a negotiation=s team, please submit policy proposals anyway. Whomever submits proposals have a greater chance of being selected and/or being an alternate. If you are not a subject matter expert for a particular policy, yet, still desire to participate in the process, you will be offered an opportunity to attend. But, this will only occur, in the absence of an SME B who is not available. In all these circumstances, overall it is a significant learning experience. It will benefit your Local substantially later on when the time comes to negotiate over matters locally.

RECENT ARBITRATIONS

As many of you know, we continue our vigorous fight against untimely discipline. Liza and I recently won a great decision on "Untimely Discipline," at FCI Miami, FL that has set the stage for other victories in the region and nation. Untimely discipline has harmed our members tremendously over the years. More important, it has substantially decreased the moral in the BOP. Many staff have been denied promotion and other collateral opportunities, even, denied transfers because these actions have lingered over our members= heads for months B in most cases, years. There is a consensus in the Southeast Region among leaders to challenge untimely discipline cases as these cases come forth, and I support it. I will assist any Local who requests to challenge these type cases to arbitration, if necessary. FCI Miami, FCI Tallahassee, FCI Bennettsville, FDC Miami, FCI Marianna, FCI Yazoo and FCC Coleman have all had untimely disciplines and pre-employment cases recently overturned and/or settled.

Locals have successfully continued to ward off untimely discipline at their facilities in the Southeast through arbitration and/or by settlement. I want to thank Troy Troitino, Chief Steward for FCI Miami for all his assistance. Troy and I were able to negotiate a settlement of a non probationary employee who was removed for preemployment reasons. The employee=s case was expunged and included back pay. More important, we were able to get this employee his job back before the Christmas holidays, so he could provide for his seven children. Congratulations to President Bob Andrews and Vice President Jeff Godwin in Marianna for settling an untimely discipline recently as well. They have another untimely case upcoming in August and are already being pursued by the Agency to settle.

FCI Bennettsville, President Allen Rowe and Chief Steward Clellan Tyson is also recognized for assisting in the arbitration which resulted in another non probationary employee obtaining his job back and case expunged. The employee was removed for preemployment background reasons. The Arbitrator rebuked the Agency in this case, citing, AThere was no just cause to even give the proposal letter to the Grievant.@ See ACase@ link to review case. Bryan Lowry Council President and I were also able to engage the agency in a couple other preemployment cases at FCI Bennettsville and FCC Coleman. This resulted in two employees being returned to work and made whole. Their adverse actions were removed and expunged as well. Recently, I was able to assist President Joe Rojas, VP Dan Bethea and VP Ken Pike at FCC Coleman, in returning two non probationary employees back to work without having to pursue the case to hearing. That brings the total to four employees who was returned to work in the Southeast, and it is all due to your perseverance and your local leadership.

In February, I was able to get AFGE Field Services= Department to pick up several cases reassigned from Attorney Liza Mendoza. These cases were from FCI Talladega, FCI Tallahassee, and FCI Miami. We have had tremendous success in the region adjudicating cases with Attorney Liza Mendoza. I want to sincerely thank her for all her assistance this past year in the region. I also want to thank AFGE General Counsel for their assistance, Maurice Britt, President at FCI Tallahassee, recently settled his untimely discipline case in June. The Grievant=s case was expunged and he was also made whole. Liza and I were able to settle a portal case at FDC Miami in June. It resulted in 40k in attorneys= fees. Prior to that she and the Bennettsville crew were able to secure another victory in which an adverse action was totally overturned and expunged from a Grievant=s personnel records. Attorneys= fees were granted in this award, as well and settled in June in the amount of 27k. Click ACases@ to review the decision. It is an awesome rebuke of the arrogant management officials at this facility. The issue of untimely discipline, as you all see, is still raising its head. Certainly, BOP will continue to discipline and/or remove our members - because of these old stale cases. Please, let's do everything possible to adjudicate these type cases to arbitration, if necessary.

I want to also talk about other case victories in the Southeast as of recent coming out of Locals. President Robert Swanson recently won his Clarification of Unit challenge. He settled the case, after the agency concede a day before the hearing. All Special Investigative Technicians (SIS Techs) are now included in the bargaining unit at Edgefield, SC. Kudos goes out to President Dan Ditto on his recent arbitration victory in FCC Yazoo, MS. The arbitrator in his case overturned a disciplinary action because there was no progressive discipline given to the Grievant, before he was disciplined. He ordered the Grievant be made whole and case totally expunged. Click Acases@ link to review this award. It=s an excellent decision demonstrating what happens when the agency ignores clear and plain, English language of the CBA on progressive discipline. President Chuck Laugh, FDC Miami was able to get an employee back his job with the assistance of AFGE Fifth District Office, Attorney Stuart Kirsch. Lastly, Jay Rivera and I won a case in Guaynabo, PR that overturned a Warden=s decision to not hire additional staff to work in a housing unit, when the population exceeded a certain ratio. An appeal has been filed by 5^th District=s Attorney Stuart Kirsch because of the arbitrator refusal to award back pay in the case. As you can see, we are handling business in the SE Region. I continue to hear encouraging stories of unfair labor practices sustained and won, for refusing to notify, negotiate and/or for denying official time. Please, I am encouraging all locals around the country, to continue our fights for our rights. Let=s continue to put our best foot forward on all these issues, nationally.

Regional Vice President recent Travels

My calendar is full and yes, I have been traveling substantially than previous years. I have visited Guaynabo, PR, FCI Marianna, FCI Bennettsville, FCC Yazoo, FCI Jesup, FCI Estill and FCI Williamsburg in past months. In this time, I have either perform stewards= training or conducted an arbitration at one of the locations listed. In April, I attended the Warden=s Conference in Atlanta, GA. During my visit, I had the opportunity to converse with the E-board of USP Atlanta and Talladega, AL. A month later, in May, the Regional Director and I hosted Joint Wardens and Presidents= Training in FCC Coleman. I want to thank the Regional Director for coordinating this training. In June, the Council will host National LMR at FCC Coleman. Policy will be held later on this year at FDC Miami.

Let's continue to do all we can to represent our members. They deserve the best we have to offer. I strive to ensure, the Southeast is leading the way. I want to personally thank all of you for your dedication and strong leadership styles B and attention to detail. Your dedication often goes unnoticed. Know that you will be criticized, judged and, talked about. Do not let this discouraged you. Remain steadfast. More important, be encouraged. Keep your fortitude. You=ll need it to stand up for those who cannot stand up for themselves. I want you to know that it takes an incredible human being to stand up for others. So, I say THANKS in advance on behalf of our Council. Be blessed and I look forward to seeing you all as I visit your institutions in the coming months and year.