AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
Council Of Prison Locals #33

Local 1570 FCI Tallahassee
32317

P.O. Box 12143, Tallahassee, Florida

July 31, 2020
MEMO TO: E. STRONG, WARDEN, FCI TALLAHASSEE
FROM:

K. MORGAN, PRESIDENT, AFGE LOCAL 1570/s

RE:

COVID-19 Positive Newly Arriving FDC/FCI Inmates

Warden Strong,
I hope all is well. I write this correspondence in a good faith effort to work with the
administration collaboratively in attacking the issues that present. It has been brought to the
Local’s attention that the Agency has failed to follow the provisions of the Master Agreement in
its entirety by negligently exposing staff members to the deadly virus known as COVID-19, thus
changing their working conditions. The Local is making an effort with the Warden to mutually
agree upon procedures concerning new intakes arriving at the institution.
On July 29, 2020 the US Marshals Service delivered eight inmates into FDC Tallahassee. At the
time of intake, those inmates were screened for COVID-19 using rapid testing procedures. Of the
eight newly arriving inmates, five of those inmates tested positive for COVID-19. At least one of
those inmates had been tested at his previous county jail and was known to have COVID-19, yet
was still transferred to FDC Tallahassee. Article 27 of the Master Agreement states “the
Employer agrees to lower those inherent hazards to the lowest possible level… the Employer
agrees to furnish 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.” The
practice of assuming custody of non-BOP inmates without proper COVID-19 testing is a
negligent threat to the health and safety of staff members.
Further, the Agency’s acceptance of COVID-19 positive inmates also violates Master Agreement
Article 7 which states “The Union will be given the opportunity to be present at formal
discussions and meetings between the Employer and employees covered by this Agreement
concerning grievances, personnel policies and practices, and any other matter affecting general
working conditions of employees covered by this Agreement.” The Local asserts that accepting
COVID-19 positive inmates constitutes a change in working conditions.
The Agency also violated Article 6 of the Master Agreement when the previous violations
occurred as Article 6 b6. states “to have all provisions of the Collective Bargaining Agreement
adhered to.”
The Local is invoking to negotiate local procedures regarding screening and COVID-19 testing
procedures of all newly arriving inmates at FCI/FDC Tallahassee.

 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
Council Of Prison Locals #33

Local 1570 FCI Tallahassee
32317

P.O. Box 12143, Tallahassee, Florida

Both parties are required by statute to negotiate changes in working conditions. This includes, but not
limited to the following:
5 USC 7101 Section 11 Negotiation of agreements. (a) An agency and a labor organization that has
been afforded exclusive recognition, through appropriate representatives, shall meet at reasonable times
and confer in good faith with respect to personnel policies and practices and matters affecting working
conditions, so far as may be appropriate under applicable laws and regulations, including policies set
forth in the Federal Personnel Manual; published agency policies and regulations for which a
compelling need exists under criteria established by the Federal Labor Relations Authority and which are
issued at the agency headquarters level or at the level of a primary national subdivision; a national or
other controlling agreement at a higher level in the agency; and this order. They may negotiate an
agreement, or any question arising thereunder; determine appropriate techniques, consistent with section
17 of this order, to assist in such negotiation; and execute a written agreement or memorandum of
understanding)
(b) In prescribing regulations relating to personnel policies and practices and working conditions, an
agency shall have due regard for the obligation imposed by paragraph (a) of this section. However, the
obligation to meet and confer does not include matters with respect to the mission of an agency; its
budget; its organization; the number of employees; and the numbers, types, and grades of positions or
employees assigned to an organizational unit, work project or tour of duty; the technology of performing
its work; or its internal security practices. This does not preclude the parties from negotiating agreements
providing appropriate arrangements for employees adversely affected by the impact of realignment of
work forces or technological change.
Master Agreement:
Article 4 section b. On matters which are not covered in supplemental agreements at the local level, all
written benefits, or practices and understandings between the parties implementing this Agreement,
which are negotiable, shall not be changed unless agreed to in writing by the parties.
Article 4 section c. the employer will provide expeditious notification of the changes to be implemented in
working conditions at the local level; such changes will be negotiated in accordance with the provisions
of this agreement.
Article 5 Section b. Nothing in this section shall preclude any agency and any labor organization from
negotiating. (3) appropriate arrangements for employees adversely affected by the exercise of any
authority under this section by such Management Officials.
Article 6 section b (2) The parties agree that there will be no restraint, harassment, intimidation, reprisal,
or any coercion against any employee in the exercise of any employee rights provided for in this
Agreement and any other applicable laws, rules, and regulations, including the right: to be treated fairly
and equitably in all aspects of personnel management;

 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
Council Of Prison Locals #33

Local 1570 FCI Tallahassee
32317

P.O. Box 12143, Tallahassee, Florida

Article 7 section b. In all matters relating to personnel policies, practices, and other conditions of
employment, the Employer will adhere to the obligations imposed on it by the statute and this Agreement.
This includes, in accordance with applicable laws and this Agreement, the obligation to notify the Union
of any changes in conditions of employment, and provide the Union the opportunity to negotiate
concerning the procedures which Management will observe in exercising its authority in accordance with
the Federal Labor Management Statute.

As such the Local is requesting that the Agency agree to negotiate mutually agreed upon
procedures regarding new intakes of inmates into FCI/FDC Tallahassee.
As the CEO, you are able to authorize negotiations. Therefore, the Local believes you to be the
appropriate level to seek informal resolution for the matter at hand. We anticipate your timely
response to this attempt at resolution.

cc: S. Taylor, HRM, FCI Tallahassee