December 6—beard @dominionpost.com MORGANTOWN — The Federal Bureau of Prisons’ plan to deactivate FPC Morgantown and redeploy its 150 employees to FCC Hazelton has raised concerns among West Virginia federal lawmakers and prison employee union leaders.
The Prison Workers Council of the American Federation of Government Employees 33 has filed a petition with the Federal Labor Relations Administration for an injunction ordering the FBOP to halt the process and negotiate with the union to reconsider the fate of the employees.
The “lawsuit against the agency,” filed Friday by CPL Mid-Atlantic Regional Vice President Rick Heldreth, says: “The agency’s reorganization plans were kept secret from the union until the date and time the plans were disclosed to affected employees. “
There was no notice, the indictment says, and no opportunity to bargain over procedures or arrangements for affected staff. This violates the federal statute and collective bargaining agreement. FBOP is obliged to notify the union in advance and agree on changes.
“The agency’s reorganization represents major changes to working and employment conditions for hundreds of affected employees,” it said.
The complaint asks the FLRA to issue a cease and desist order and order the Bureau to properly notify and settle. Requires expedited processing.
Heldreth told the Dominion Post that with the request for expedited action, the FLRA could have a response to the union by early next week.
“It’s just the way it’s done, the timing,” he said. The withdrawal before Christmas and the return of President Trump to the White House gives the appearance of politicization. “We’ve had this problem for years.”
That’s already causing problems for Morgantown staff, he said. Some employees come from as far away as Elkins, and the move to Hazelton extends their commute.
Under the bargaining agreement, he said, displaced employees will be given priority and can apply for jobs at any federal institution. Although Hazelton is understaffed, “it’s just not fair to these employees to be uprooted like this without notice.”
Senator Shelley Moore Capito commented, “I don’t know what the rush is. We had no indication this was going to happen, so we’re concerned about it. The timing is very awkward.”
Senator Joe Manchin told the Dominion Post: “This is a very serious decision with major implications for the public servants who work at the Morgantown federal prison camp, their families and the surrounding community. A decision of this magnitude should be delayed until a new administration is in place.”
Justin Tarovisky, president of the American Federation of Government Employees (AFGE) Local 420, which represents Hazelton employees, said, “We were all blindsided by this.” He also questions the timing, less than two months before President Trump returns to the White House.
On Thursday, FBOP announced the plan for the Morgantown and Hazel facilities, along with plans to deactivate five more facilities and close one. The intention, it said, is to address long-standing staff shortages and maintenance and repair needs across the agency.
Tarovisky said, “Hazelton is currently understaffed.” More than 90 correctional officers fell.
However, FBOP is obliged to respect the provisions and protocols of the collective agreement. AFGE Prison Residents Council President Brandy Moore had to be alerted, but not yet at press time.
“You can’t just make staff go somewhere,” he said. “You have to follow procedures.” Morgantown employees may want to retire or go elsewhere – to West Virginia or another state.
“We’ll make sure they follow it to a T, and they haven’t,” he said.
As for Morgantown, he said, “I don’t want any institution to close.” Morgantown has 150 jobs and the facility contributes to the local economy.
AFGE Local 2441 represents the employees of FPC Morgantown. Chairman Greg Livengood said: “Everybody was a bit confused. Even the manager didn’t know it was coming.”
Some employees want to go to Hazelton, others will likely look for work elsewhere, he said.
“Obviously they’re frustrated because it’s not where they want to work. They took a job in Morgantown with the expectation that they were going to work in Morgantown,” he said.
And the word comes just three weeks before the holidays, he said. “Some of the staff there, it turned their lives around.” Some already drive two hours, and this move will add more time. Some will have to move. “It’s long before the holidays.”
It won’t be a big savings for the agency, he said, and the Mid-Atlantic region will lose one of its 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 in Hazelton.”
Capito also referred to the planned transfer. “There’s probably a reason some of them aren’t working in Hazelton now.” For example, Hazelton may not be desirable, affordable, or compatible with their job skills.
“I think we’ll need more time here to see what the reason is,” she said. Legislators would normally have some reservations about such a 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 try to reassign employees, the reality is that most Bureau of Prisons facilities are located in isolated locations far from each other, so many if not most affected employees will face a disruptive relocation to remain employed.
“And with the looming possibility of further reductions in the federal workforce through hiring freezes and forced transfers, keeping jobs in agencies outside the Bureau of Prisons will be difficult, if not impossible.”
“The closure of these facilities and the 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, prisoners and the surrounding communities.”
FBOP Comments FPC Morgantown is a minimum security prison with 397 male inmates. They will be transferred to other minimum security facilities.
Hazelton has two locations. USP Hazelton is a high security prison with 1,284 male inmates plus 147 in the adjacent minimum security camp. FCI Hazelton is a medium security prison with 1,537 inmates plus 489 female inmates in a secure women’s facility.
FBOP answered some questions asked by The Dominion Post about the plan for local facilities.
Asked about the difference between a deactivation and a full closure, he said: “We are aware of the impact that temporary closures can have on our employees. As previously stated, no one will lose their job as a result of this action. We will conduct an assessment of the facility and our population should determine the next steps.
We asked about moving an employee 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 occupation. All employees receive the same training as correctional workers and are briefed at the time of hire that they are expected to law enforcement agencies function in 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 officers to serve the needs of the agency.”
We also asked about the planned deadline.
FBOP said: “We understand the broad effects this will have on our employees and those in our care and custody. We expect this process to begin simultaneously with all identified facilities and be completed in approximately nine months from this announcement. Well- yes are our employees, the prisoners we care for and their families are of the utmost importance to us, and we will do everything we can to ensure a smooth transition.”
