FOR FLRA USE ONLY
Case No.
UNITED STATES OF AMERICA
Date Filed
FEDERAL LABOR RELATIONS AUTHORITY
CHARGE AGAINST AN Agency
Complete instructions are on the back of this form.
1. Name and address of charged activity or
agency:
2. Name and address of charging labor organization or
individual:
3. Activity or agency contact information
Name :
Title:
Phone:
4 Labor organization / individual contact information
Name :
Title:
Phone:
5. Which subsection(s) of 5 U.S.C. 7116(a)do you believe have been violated?(See reverse). (a)(1), & (a)(5).
6. Tell exactly WHAT the activity (or agency) did. Start with the DATE and LOCATION, state WHO was involved,
including titles.
On July 17, 2013 the Agency implemented their Policy titled Staff Entrance and Search Procedures (Staff Search
Policy) Locally without bargaining with the Local Union. Per the parties contractual agreement the local parties are
barred from bargaining until Bargaining at the National Level is complete. The Agency Refused to return to the
negotiation table at the National level to complete bargaining. The Union Requested the Agency declaration for the
first time on August 2, 2013 on the 5 remaining Proposals. The Agency responded to the Union request on August
9, 2013. The National Union timely filed a Negotiability Appeal August 14, 2013 on the 5 remaining proposals that
were left after the parties completed CADRO.
The Agency agreed on May 3, 2013 that the MOU dated 11-8-07 on how staff will be Electronically searched will
not be rescinded until the competition of the Staff Search Policy. The Agency’s unilateral implementation violates
the parties’ agreement (reflected in a May 3, 2013, letter from the Agency to the Union) that the parties’ earlier
agreement on “Electronic Searches of Bureau of Prisons Staff” would not be rescinded until the parties complete
bargaining over the Staff Search Policy.
Remedy
(1) Order A Posting (2) Issue an Order to Cease and Desist (3) Issue an Order of Status Quo Ante. (4) Issue an to
be made Whole (5) Issue an Order for FLRA Intervention between the parties
7. Have you or anyone else raised this matter in any other procedure?__X__No____Yes
reverse}______
If yes, where?{see
8. I DECLARE THAT I HAVE READ THIS CHARGE AND THAT THE STATEMENTS IN IT ARE TRUE TO THE BEST OF MY KNOWLEDGE
AND BELIEF. I UNDERSTAND THAT MAKING WILLFULLY FALSE STATEMENTS ON THIS CHARGE CAN BE PUNISHED BY FINE AND
IMPRISONMENT, 18 U.S.C. 1001.
Mr. Dwayne Person
_________________________
Type or print your name
Monday, February 08, 2016
_________________________
Your signature
(Rev) 7'89
___________________
Date
FLRA Form 22
Certificate of Service
I, Dwayne Person certify that the attached Unfair Labor Practice was sent
to the following parties in the ways indicated, on date listed.
1.
2.
Federal Labor Relations Authority
Regional Director’s Office
1400 K. Street, N.W.
2nd Floor
Washington, D.C. 20424-0001
Certified Mail
Faxed
Paul Layer
Chief, Labor Management Relations
320 First Street, N.W.
Washington, D.C. 20534
1 Copy Hand Delivered
_________________________
Signature
___________________________
Date: Monday, February 08, 2016
Dwayne Person,Mid-Atlantic Regional Vice President/CPL33
3900 Shoreview Dr
Sutherland Va. 23885
Cell Phone: (804) 721-6754
Fax: (804) 861-6211
Email: dwayneperson@aol.com