AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
COUNCIL OF PRISON LOCALS - 33
FMC CARSWELL LOCAL 1006

Regina Warren, President

  
  

  

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Date: April 7, 2020

The Honorable John Cornyn
Senior Unit States Senator of Texas
5001 Spring Valley Road

Suite 1125 East

Dallas TX. 75244

Dear Senator Cornyn,

A.F.G.E. Local 1006, is the sole and exclusive representative of the bargaining
unit staff at FMC Carswell, in accordance with the Master Agreement Article 6
Section 0. Any employee covered by this Agreement may, without fear of
penalty or reprisal, exercise their rights under the Whistleblower Protection Act,
which includes the right to disclose gross mismanagement, a gross waste of
funds, an abuse of authority, or a substantial and specific danger to public health
or safety. This act is codified in 5 USC, Section 1213. As the President of Local
1006, I am exercising this right.

Now that FMC Carswell has had its first positive case of COVID19 there is a
growing concern amongst staff in regard to health and safety amongst staff, the
public, as well as the inmates. According to the Master Agreement Article 27
Health and Safety Section a. There are essentially two (2) distinct areas of concern

 

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regarding the safety and health of employees in the Federal Bureau of Prisons:
1. The first, which affects the safety and well-being of employees, involves the
inherent hazards of a correctional environment; and

2. The second, which affects the safety and health of employees, involves the
inherent hazards associated with the normal industrial Operations found
throughout the Federal Bureau of Prisons.

With respect to the first, the Employer agrees to lower those inherent hazards to
the lowest possible level, without relinquishing its rights under 5 USC 7106. The
Union recognizes that by the very nature of the duties associated with
supervising and controlling inmates, these hazards can never be completely
eliminated.

With respect to the second, the Employer agrees to furnish to employees places
and conditions of employment that are free from recognized hazards that are
causing or are likely to cause death or serious physical harm, in accordance with
all applicable federal laws, standards, codes, regulations, and executive orders

On March 31, 2020, the Bureau of Prison issued a public statement informing the
public the following ?for a 14-day period, inmates in every institution will be
secured in their assigned cells/ quarters to decrease the spread of the virus. This
modification to our action plan is based on health concerns, not disruptive
inmate behavior.? On the same day, a Memorandum for all CEO was sent from
the Correctional Programs Division and Health Services Vision out of Central
office directing the the following: ?Effective Wednesday, April 1, 2020, the
Bureau will enact a fourteen-day (140 nationwide actions to minimize movement
to decrease the Spread of the virus?. The Agency issued a nationwide (public
statement) meant to assure the public that the agency was taking every necessary
precaution to protect the staff, inmates, and public from the further spreading of
the global pandemic.

The Union believes the Agency was providing a false perception to the American
people by stating all institutions will lockdown while sending internal
memorandum suggesting enact minimize movement.

The agency knowing misleads the American public particularly at FMC
Carswell.

All Warden?s has the vicarious responsibility to carry out the Bureau of Prisons'
mission and provide public safety. According to the CDC individuals with
underlying health issues are highly susceptible to contracting this virus. With
FMC Carswell being the only female medical facility this institution would
experience a catastrophic Catastrophe by not taking extraordinary measures in
this extraordinary situation.

 



There has not been any guidance given to all staff as far as processes and
procedures in maintaining health and safety. The last guidance given to all staff
within the institution was on April 1, 2020, with an attached modified operation
schedule. Because we work in a line of work of confine space and close quarters
there is no such thing of social distancing which makes it imperative to
communicate with all staff in what PPE is available, the process of getting them,
and when/ how to use them. In correctional facility we are subject to work in
various units at various times each area has had different procedures that have
caused staff and inmates to be at risk.

As of now, FMC Carswell has not issued a complete lockdown we are still
operating on a modified operation. In weekly updates the Warden
informed staff of the changes that have been implemented thus far. The
Executive Assistant D. Lux, Camp administrator stated the Camp inmates will be
restricted to their rooms the majority of the day. Inmates were still allowed to
move around the compound for various reasons to include pill line, cornmissary,
TV rooms, and food service. After Phase was enacted Camp inmates were seen
playing volleyball on the compound as well as congregating in small confine TV
rooms.

Also, the Newsletter indicated Foodservice will do a partial satellite feeding
system. Meaning some of the inmates will be fed on the unit while others would
be allowed to do grab and go feeding. Crab and go feeding consist of calling each
unit one at of time to go to the foodservice area to pick up their food.

Saturday, April 4, 2020, we received the results of our first positive case. The
Agency was aware of this inmate being a suspected case on
Saturday, March 28th when she went out to the local hospital. She was sent back
to the institution to be placed in isolation. The inmate progress which
caused her to go back to the hospital for admission on Tuesday, March 31?.
Wednesday staff who had direct contact with this inmate began having concerns
and started emailing and calling the Agency on guidance regarding the
suspected case who has now been admitted to the hospital. The
response the Agency was given to the staff was to continue to come to work
because she has not tested positive as of yet. There were a total number of 6
officers and 1 Nurse who treated this inmate during that time and they
continued to come to work daily until the inmate test result came back positive
on April 4th- Since then all staff mentioned has been sent home to self-quarantine
with the exception of the nurse. According to the CDC guidelines, those staff
should have self-quarantine at the time they were exposed the first time with the
inmate.

As of today, Carswell has isolated 7 inmates, 3 of the inmates worked on a
sanitarian detail which allowed them excess to numerous areas throughout the

 



institution to clean. The sanitarian workers lived in a unit that houses over 300
inmates. Because of the potential exposure that unit is the only unit that has been
completely locked down.

In closing, the fact that a lockdown has not accrued and as a result seven inmates
have been placed in isolation awaiting test results due to after phase 
was enacted. The agencies cavalier approach led to these presumptive cases by
refusing to practice social distancing as recommended by the CDC. 

Sadly, FMC Carswell knowingly and willingly misled the public placing the
staff, inmates, and community at risk to the most lethal pandemic since 1920.

As the representative of more than 400 correctional workers, we are requesting
your assistance in this matter.

R?rren, President AFGE Local 1006