DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS FEDERAL CORRECTIONAL INSTITUTION TUCSON, ARIZONA and LOCAL 3955, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO
United States of America
BEFORE THE FEDERAL SERVICE IMPASSES PANEL
In the Matter of
DEPARTMENT OF JUSTICE
LOCAL 3955, AMERICAN FEDERATION OF
Case No. 03 FSIP 132
DECISION AND ORDER
The Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Tucson, Arizona (the Employer) filed a request for assistance with the Federal Service Impasses Panel (the Panel) to consider a negotiation impasse under the Federal Service Labor-Management Relations Statute (the Statute), 5 U.S.C. § 7119, between it and Local 3955, American Federation of Government Employees, AFL-CIO (the Union).
Following an investigation of the request for assistance, which concerns the Employer’s proposal to change the procedure for assigning inmate system officers (ISOs) to work various posts within the Inmate Systems Management Department (ISMD), the Panel determined that the dispute should be resolved through single written submissions from the parties. The parties were advised that following the receipt of their submissions, the Panel would take whatever action it deems appropriate to resolve the matter, which may include the issuance of a Decision and Order. Written submissions were made pursuant to this procedure, and the Panel has now considered the entire record.
The Employer’s mission is to protect society by confining criminal offenders in the controlled environments of prisons and community-based facilities that are safe, humane, and appropriately secure. The Union represents approximately 191 employees, who typically work as correctional officers (COs), ISOs, case managers, case counselors, physician assistants, accountants, plumbers, food service workers, and in various support staff positions, at GS-5 through -9 and WG-5 through -9. The proposed changes to the post rotation system would affect five ISOs who work in ISMD. Among other things, the ISMD is responsible for providing the Institution with interpretations of laws, policies and procedures as they apply to, for example, inmate movement, sentence computation, and time off for good behavior. The master collective bargaining agreement (MCBA) covering these employees expired March 8, 2001; its terms will remain in effect until negotiations over a successor agreement are completed.
ISSUE AT IMPASSE
The parties disagree over whether to change the procedure affecting the extent to which ISOs rotate through various posts within ISMD.
POSITIONS OF THE PARTIES
1. The Employer’s Position