Dec. 6—dbeard @dominionpost.com MORGANTOWN — The Federal Bureau of Prisons plan to deactivate FPC Morgantown and reassign its 150 employees to FCC Hazelton has raised concerns among West Virginia’s federal lawmakers and prison employee union leaders.
American Federation of Government Employees Council of Prison Locals 33 has filed with the Federal Labor Relations Authority for an injunction to order FBOP to stop the process and bargain with the union regrading the fate of the employees.
The “Charge Against an Agency, ” filed Friday by CPL Mid-Atlantic Regional Vice President Rick Heldreth, says, “The agency’s plans to reorganize were kept secret from the union until the date and time that the plans were published to the affected employees.”
There was no notice, the charge says, and no opportunity to bargain regarding the procedures or arrangements for the affected staff. This violates federal statute and the collective bargaining agreement. FBOP is required to notify the union in advance and bargain the changes.
“The agency’s reorganization constitutes massive changes to working conditions and conditions of employment for hundreds of affected employees, ” it says.
The charges asks FLRA to issue a cease-and-desist order and order the Bureau to give proper notice and bargain. It requests expedited processing.
Heldreth told The Dominion Post that with the request for expedited action, FLRA could get an answer back to the union by early next week.
“It’s just the way it’s being done, the timing of it, ” he said. Making the move before Christmas and the return of President Trump to the White House gives the appearance of politicization. “We’ve had this problem for years.”
It’s already causing problems for Morgantown staff, he said. Some employees come from as far as Elkins and moving to Hazelton lengthens their commute.
Under the bargaining agreement, he said, displaced employees are to receive priority consideration and can apply for work at any federal institution. While Hazelton is understaffed, “it’s just not fair to these employees to uproot them like this with no notice.”
Sen. Shelley Moore Capito commented, “I don’t know what the rush is. We had no indication this is coming, so we’re concerned about it. The timing of it is very discomforting.”
Sen. Joe Manchin told The Dominion Post, “This is a very serious decision with major implications for the public servants working at Federal Prison Camp Morgantown, their families, and the surrounding community. A decision of this magnitude should be delayed until the incoming administration is in place.”
Justin Tarovisky, president of American Federation of Government Employees (AFGE) Local 420, representing Hazelton employees, said, “All of us were blindsided by this.” He also questions the timing, less than two months before President Trump returns to the White House.
FBOP announced the plan for the Morgantown and Hazel facilities on Thursday, along with plans to deactivate five other facilities and close one. The intent, it said, is to address longstanding staffing shortages and maintenance and repair needs across the agency.
Tarovisky said, “Hazelton is completely understaffed right now.” It’s down more than 90 correctional officers.
However, FBOP is required to follow collective bargaining agreement provisions and protocols. It must, and hadn’t yet as of press time, alert AFGE Council of Prison Locals President Brandy Moore.
“You can’t just force staff to go somewhere, ” he said. “You have to follow procedures.” Morgantown employees might want to retire or go somewhere else — in West Virginia or another state.
“We will make sure they follow that to the T, and they haven’t, ” he said.
Regarding Morgantown, he said, “I don’t want to see any institution get closed.” Morgantown has 150 jobs and the facility contributes to the local economy.
AFGE Local 2441 represents the FPC Morgantown employees. President Greg Livengood said, “Everybody was just kind of floored. Not even the warden knew it was coming.”
Some employees want to go to Hazelton, others are likely to seek employment elsewhere, he said.
“They’re obviously frustrated because that’s not where they want to work. They hired on at Morgantown with the expectation they’d be working at Morgantown, ” he said.
And the word comes just three weeks before the holiday, he said. “Some of the staff there, it’s turned their lives upside down.” Some already drive two hours, and the move will add more time. Some will have to move. “It’s a lot before the holidays.”
It won’t be a major cost savings for the agency, he said, and the Mid-Atlantic Region will lose one of two drug programs with the deactivation.
The plan, he said, sends a message: “You’re not really that important to us. We just need to fill space at Hazelton.”
Capito also addressed the planned transfer. “There’s probably a reason some of them are not working at Hazelton now.” Hazelton may not be desirable, accessible or compatible with their job skills, for instance.
“I think we’re going to need some more time here to see what the reason was, ” she said. Lawmakers would have typically had some heads up about this kind of move.
National union comments AFGE National President Everett Kelley issued a statement in response to FBOP’s plan: “This announcement jeopardizes the continued employment of 400 federal employees just weeks before the holidays. While the agency says it will attempt to place employees in other jobs, the reality is that most Bureau of Prisons facilities are in isolated locations far from each other, so many if not most employees affected will face disruptive relocations to remain employed.
“And with the looming possibility of further cuts to the federal workforce through hiring freezes and forced relocations, retaining work at agencies outside the Bureau of Prisons will be difficult if not impossible.
“The closure of these facilities and likely loss of so many skilled and dedicated workers will exacerbate the existing staffing crisis within the Bureau of Prisons, making our prisons less safe for staff, inmates, and the surrounding communities.”
FBOP comments FPC Morgantown is a minimum-security prison camp with 397 male inmates. They will be transferred to other minimum-security facilities.
Hazelton has two sites. USP Hazelton is a high-security penitentiary with 1, 284 male inmates plus 147 at an adjacent minimum-security camp. FCI Hazelton is a medium-security prison with 1, 537 male inmates plus 489 female inmates at a secure female facility.
FBOP answered some questions submitted by The Dominion Post about the plan for the local facilities.
Asked about the difference between deactivation and outright closure, it said, “We are aware of the impact temporary closures may have on our employees. As previously stated, no one will lose their jobs as a result of this action. We will be conducting an assessment of the facility and our population needs to determine the next steps. We will provide updates as soon as we have them.
We asked about moving employees from a minimum-security site to a high-security site.
FBOP said, “All employees assigned to correctional facilities are law enforcement officers and are considered correctional workers first, regardless of their occupation. All employees receive the same amount of training as correctional workers and are informed at the time of hiring they are expected to perform law enforcement functions during routine and non-routine situations.”
Employees at all facilities receive law enforcement pay and /or law enforcement benefits FBOP said. “Accordingly, employees may be called upon as trained correctional workers to serve the needs of the agency.”
We also asked about the planned timeline.
FBOP said, “We understand the wide-ranging effects this will have on our employees and those in our care and custody. We anticipate this process to begin simultaneously with all identified facilities and be concluded in approximately nine months from this announcement. The well-being of our employees, the incarcerated individuals in our care, and their families is of utmost importance to us, and we will do everything we can to ensure a smooth transition.”
