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AFGE Wins $23-Million Back Pay for 500 BOP Officers

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  • AFGE Wins $23-Million Back Pay for 500 BOP Officers

    I'm glad these guys in TX got back paid but what about everybody else in the BOP? Tonight I'm on E/W 4pm 12am and my relief came in at 12 o'clock. Then we did the count, then I waited in the sallyport 10 minutes for a elevator. Then I waited another 4 minutes for the 2 worthless retards in the control center to key the elevator to the first floor and by the time I get out of the secured portion of the prison to go to the locker room to change, its 12:24 AM. Thats 24 minutes I've just spent on the job, locked up in prison, on stand by for body alarms and fires and everything else for FREE. This occurs every single damn night. Either the M/W officer is early (never happens) or me the E/W officer works 15 to 30 minutes per night for freakin FREE. Some body is always working for free in my prison and I suspect this is KGB wide policy. Something has got to give!!!!!!


    AFGE Wins $23-Million Back Pay for 500 BOP Officers

    After two years of battle, the American Federation of Government Employees (AFGE) won $23 million in back overtime pay for about 500 Bureau of Prisons (BOP) correctional officers in Texas for work-related activities performed before and after a shift.

    AFGE filed a grievance on behalf of the officers in February 2005, alleging that the Federal Correctional Complex in Beaumont, Texas, had violated the Fair Labor Standards Act and other regulations when it refused to pay the officers overtime for pre-shift and post-shift activities related to their duties.

    The union argued that the officers should get paid for time spent at the control center where they check in to be issued equipment such as keys, handcuffs, metal detectors, radio and restraints. They then have to walk long distances to their assigned posts where their shifts officially start. While walking to the assigned posts, the officers are also expected to take action if they spot inmate misconducts. These work-related activities before and after a shift could take 15-30 minutes or more a day and thus should be compensated for.

    BOP refused to pay, saying that these activities take only a few minutes and that officers would get paid only if the work-related activities before and after a shift take up more than 10 minutes a day.

    Arbitrator Bernard Marcus, however, disagreed with the agency's arguments, saying BOP has to pay employees for the hours worked. It cannot extract from its employees 9 minutes a day or 45 minutes a week of work that is compensable. “This practice not only does not comply with the Fair Labor Standards Act but is precisely what Congress intended to outlaw,” he said in a 37-page decision received by AFGE in February.

    The arbitrator said the officers are entitled to overtime pay for pre-shift and post-shift activities. He ordered BOP to pay the officers back overtime pay dating back to February 18, 2003.

    AFGE applauds the decision, saying it brings the employees the justice they deserve.

    “This is a major victory for us,” said AFGE General Counsel Mark Roth. “…We believe there are other Institutions and agencies which have been violating the Portal-to-Portal Act, and we are asking our Councils and Locals to review the requirements to perform pre-shift and post-shift activities without compensation

  • #2
    SHU sounds to me like you need to file your own grievance and start the process for your place. You're being FORCED to work past your shift because your relief doesn't show up until exactly midnight! It's winnable for you, too, just file the paperwork and start documenting it daily.
    New York State Corrections: Home to the whiniest inmates in the country!

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    • #3
      A lot will depend on if you are considered a salaried employee. If so, you will have a hard time fighting it.
      "Hostages will not be recognized as a means or method of escape from this institution."

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      • #4
        Originally posted by TXCO1
        A lot will depend on if you are considered a salaried employee. If so, you will have a hard time fighting it.

        We are salary + OT.

        SHU,

        Three Rivers has also settled their grievance and Bastrop's is scheduled for arbitration.

        Perhaps your local should contact one of those to get the info needed to get the process started for your joint.

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        • #5
          Originally posted by jdh
          We are salary + OT.
          Yes, in Texas we are. All states may not be the same. As a salaried employee, an employeer can work you as many hours as they wish. Before you start getting upset about this comment, I have checked with the state and federal authorities on this matter on another job I once had.
          "Hostages will not be recognized as a means or method of escape from this institution."

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          • #6
            By we I mean FBOP. We can only be worked 40 hours in a week. Over 40 OT must be paid. Already been upheld in court. FBOP has paid us for it once and did not learn the first time.

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            • #7
              bop training.

              In nyc we are hourly. My local has already started the process for us to get the back OT or so they say. I'm going to check into this tomorrow to make sure. I want my freakin money!!!!!!!!!!!!!!!!!!!!!!!!!

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              • #8
                For the most part, just about everyone at my facility is relieved 15 minutes to 30 minutes early. I am usually out the door and in my car with about 10 minutes to spare. But there have been times when I have just made it or have been caught up 30 minutes after I should have been gone. Heck, last week my whole shift left and was relieved and then I got stuck sitting a post without even being next on the mandate list. I ended up working 5 hours of that shift then got relieved. Problem was, someone had to of known that they would need to mandate someone to cover that spot, but they did not, my whole shift left and I was the only option. I talked to my union rep and he said he could take care of it for me, but being that I still have like 1 month left on my probation I elected to just let it go and take the overtime.
                Next time, IT'S ON!!!!
                "I am a soldier, I fight where I am told, and I win where I fight"


                - General George Patton Jr

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                • #9
                  We had portal to portal issues in USP Leavenworth, and our union won, after a few years working at it. It's good to see that AFGE was able to take care of those in FCC Beaumont. If your BOP facility is having those issues, I would recommend for your union local to get started on things. The BOP of course is going to work against each one a union local and AFGE launches, in order to make their stand against union claims. That's just the way they are, and have been, eventhough they have lost cases and wound up paying back pay.

                  If your union local sticks together on it, and works with AFGE, you can get practices slowed down or halted that are against FLRA standards. To be honest I am rather surprised that the BOP has not tried to push availability pay. Of course, that would take us more in the direction of other Federal Law Enforcement.

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                  • #10
                    Here in PA we went decades not getting paid for what management deemed "walking time".

                    After several local arbitration wins, and finally one that covered all the Commonwealth Institutions, those who are not relieved at the end of their shift and must wait (ready to respond) are paid at 1 1/2.

                    We also were giving 10 minutes free at the beginning of the shift as well, which is no longer occuring. The amount of back pay on that issue is still in the hands of the arbitrator, but the money is coming.

                    If anyone wants the awards to support a claim that anything over 8 is OT let me know and I will gladly scan them and send them to you.

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                    • #11
                      u

                      Unfortunately my local appears to be in bed with the SES. I'm just so sick of this place. Staff around here quit before you even know their name. The mandations this summer are going to be back braking. Every freaking day somebody quits. The new warden we have here is a lot better than the POS we had but he is still a company man lacking what it takes to take care of business and we still have the same weak door mat Capt. This place is the titanic. I just want out. I just have to hang on until another agency calls. The place is going to give me a ulcer if I don't escape soon.

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                      • #12
                        We had a lot of portel to portel issues at big sandy after activation. For a while it wasnt unusal for it to take 20-30 minutes extra to get thru central because they were working one green officer. Then about 80% of the staff started arriving dead minute thus affecting the toolroom, the factory, facilities ect.......Well it wasnt long befor they had three officers in central come shift change.

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                        • #13
                          Originally posted by SHU View Post
                          Unfortunately my local appears to be in bed with the SES. I'm just so sick of this place. Staff around here quit before you even know their name. The mandations this summer are going to be back braking. Every freaking day somebody quits. The new warden we have here is a lot better than the POS we had but he is still a company man lacking what it takes to take care of business and we still have the same weak door mat Capt. This place is the titanic. I just want out. I just have to hang on until another agency calls. The place is going to give me a ulcer if I don't escape soon.
                          Have you ever thought about doing a lateral transfer? There are probably people elsewhere in the BOP who might even think about trading with you. Overtime at my facility, although there, is sparse. We rarely get it these days.

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                          • #14
                            i

                            If I don't get a call later this year from another agency I'm going to try to get a lateral some place down south. I'm hoping to leave the bop altogether though. Its nothing like working state corrections. I liked state I just didn't like the money. Hopefully something will work out for the better sooner rather than later for the sake of my overall health. The stress here is unreal sometimes and most of it comes from above, not the I/Ms.

                            Comment

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