Chapter 23

1. Chapter 23 Labor Relations

2. Objectives • Provide examples of typical and unusual provisions found in collective bargaining agreements covering the corrections jurisdictions • Explain why bargaining toward a master agreement in a corrections jurisdiction can be prolonged • Outline the components of a sound management and supervisor training program on labor relations and staff management

3. Introduction • All corrections administrators, whether employed by a prison or jail, must become involved in the plethora of labor management relations activities • They must learn the vocabulary of labor relations

4. Relevant Acts and Laws • 1935 – National Labor Relations Act (Wagner Act) – formally recognized employees’ right to form and join labor organizations • 1947 – NLRA amended with Taft-Hartley Act which prohibited labor unions from engaging in certain activities • States, in turn, developed their own collective bargaining laws

5. Issues that are Driven by the Union • Bargaining Issues • Management meeting with employee organizations is well established in law and is a routine practice in most jurisdictions • “Meet and confer” is a phase meaning to bargain • Parties exchange information, opinions, and proposals and endeavor to reach agreement • “Master agreement” is the contract to which other later agreements are added

6. Issues that are Driven by the Union (cont.) • Grievances • Dispute between the employee organization and the employers • Grievance process is usually specified within the collective bargaining agreement • Normally, only contract grievances can be arbitrated

7. Issues that are Driven by the Union (cont.) • Unfair Labor Practice Charges • Action or decision by an employer that interferes with the organizational rights of employees • An unfair labor practice is adjudicated before the administrative body that is empowered to oversee the administration of collective bargaining law

8. Issues that are Driven by the Union (cont.) • Unfair Labor Practice Charges (cont.) • Actions that are unlawful for the employer: • Imposing or threatening to impose reprisals on employees • Discriminating or threatening to discriminate against employees • Interfering with, restraining, or coercing employees because of the exercise of their guaranteed rights under collective bargaining law • Refusing to meet or confer in good faith with a recognized organization

9. Issues that are Driven by the Union (cont.) • Unfair Labor Practice Charges (cont.) • Decisions that may be unlawful for the union: • Causing or attempting to cause the employer to violate a collective bargaining law • Imposing or threatening to impose reprisals on employees • Discriminating or threatening to discriminate against employees • Interfering with, restraining, or coercing employees because of the exercise of their guaranteed rights under collective bargaining law • Refusing to meet or confer in good faith with the employer • Refusing to participate in the mediation process

10. Issues that are Driven by the Union (cont.) • Issues of Importance • Employee organizations frequently bring up other matters of concern during informal or formal meetings with administrators • Union may take every available opportunity to redirect its efforts in dealing with an issue • If the issue that is raised appears to be a significant issue to the union, it would be helpful for the manager to communicate this to the labor relations officer

11. Successful Labor Relations • Labor relations office provides resources to its departmental management staff • Labor relations office is charged with representing management in all areas of labor management relations • Training is the key to success of an effective labor relations program • Working with an employee organization requires treating the representative with integrity and respect

12. Successful Labor Relations (cont.) • Taking care of problems on a day-to-day basis is the key to effective labor organization • Management must know how to separate frivolous issues from serious ones • Management’s response should be a well thought out course of action to take care of the problem

13. Developing the Management Team • Corrections administrators should share the routine as well as the unusual occurrences involving the union with the department’s labor relations staff. • The management team consists of all administrators, managers, and supervisors

14. Ethics and Labor Relations • Ethics refers to standards of conduct – standards that indicate how one should behave based on moral duties and virtues • Pillars of character in labor relations: • Trustworthiness • Loyalty • Respect • Responsibility • Fairness • Caring

15. Politics in Public Sector Labor Relations • Political oversight of correctional facilities brings opportunities for politically sensitive public sector labor organizations • Political interest in the correctional environment may be heightened for a variety of reasons • Labor unions may draw public attention to the operating practices in correctional environments

16. Conclusion • Labor relations issues in any correctional environment are always affected by the perceptions of both parties • While labor management relations can be contentious, both sides should remember that they are working for the same agency and share the goal of operating safe and effective correctional facilities.

17. Chapter 24 Preventing Corruption

18. Objectives • Describe public service corruption and differentiate between public corruption and prison corruption • Determine characteristics of professionalism • Define acts of misfeasance and distinguish acts of malfeasance from acts of nonfeasance.

19. Public Service Corruption • Corruption by public officials is considered more sinister than by private officials because: • Citizens have no choice but to use the available public services • Public officials take an oath to execute the laws of the land faithfully and to serve society, making their failures seem more “sinful” • Because of their sovereignty, public agencies can inflict greater damage on unsuspecting citizens than can officials in the private sector

20. Public Service Corruption (cont.) • Alert and conscientious managers can monitor several indicators including: • Formal and informal complaints against employees • Disciplinary actions taken against employees for violating agency rules and regulations • Patterns of depressive episodes or questionable behavior by workers • Erratic behaviors by workers • Graffiti on the walls and inside bathrooms

21. Prison Corruption • Prison personnel may experience more resentment and cynicism than their counterparts in other public agencies due to the culture of manipulation and violence they encounter • New rules over the last 20 years have resulted in the hiring of unprecedented numbers of correctional officers, making screening and training difficult • Correctional officers may become dependent on inmates for completion of some tasks and may overlook infractions in return

22. Standpoints on Prison Corruption • Sociological – corruption is an abuse of power • Legal – corruption involves use of oppression or extralegal methods to suppress the will of others • Moral – failure of staff to demonstrate compassion or keep a promise • Economic – abusing authority for personal gain

23. Standpoints on Prison Corruption (cont.) • Corruption may range from a conflict with a fellow employee to smuggling contraband • Corruption can include use of force violations • Inmates can file federal civil lawsuits against prison officials seeking changes in prison conditions as well as monetary damages

24. Standpoints on Prison Corruption (cont.) • Misfeasance – acts an official is supposed to know how to do legally, but are willingly committed illegally for personal gain • Malfeasance – acts of misconduct committed by institution officials in violation of the criminal laws of the state or agency regulations • Nonfeasance – acts of avoidance or failure by an official

25. Prevention of Prison Misconduct • Ethical institution leaders must be consistent, reasonable, fair, and sympathetic to the needs of officers and inmates • Management should articulate its position on corruption and develop and implement anticorruption policy • Message must be clear that corruption will not be tolerated

26. Prevention of Prison Misconduct (cont.) • Role of policy statements • Articulate activities generally accepted as being corrupt • Internal affairs division should conduct investigatory procedures • Penalties should be fair and reasonable

27. Prevention of Prison Misconduct (cont.) • Steps to fight corruption • Utilize hiring standards to keep out high-risk applicants • Establish quality-based supervisory techniques • Strengthen fiscal controls • Ensure that internal auditors are honest • Emphasize true ethical training • Leadership should be visible and active

28. Conclusion • Professionalism is an ideal toward which correctional personnel should strive • Corruption is a shameful reality they should eradicate

29. Chapter 25 Sexual Misconduct

30. Objectives • Identify some of the factors that can contribute to sexual abuse of inmates by correctional staff • Outline the parameters that define staff sexual misconduct and permissible behaviors between staff and inmates • Describe some of the approaches taken by correctional administrators and legislators to minimize sexual misconduct

31. The Prison Rape Elimination Act • Signed into law in 2003 by President Bush • Speaks to staff and inmate sexual abuse and promotes a zero-tolerance approach to all prison rape and sexual assault • Responsibilities of federal agencies: • BJS collects, reviews, and analyzes related statistics • Review panel conducts hearings on prison rape • NIC offers training and technical assistance • US Attorney General’s office publishes national standards for detection, prevention, reduction, and punishment of prison rape

32. Defining Staff Sexual Misconduct • Variety of definitions, most of which encompass any type of sexual conduct between staff and inmates • People in custody cannot leave the presence of those who have authority over them and therefore, the concept of “welcome” advances cannot be applied to staff sexual misconduct involving inmates

33. Defining Staff Sexual Misconduct (cont.) • NIC defines staff sexual misconduct as: • Any behavior or act of a sexual nature by an employee toward: • A person under the care or custody of the department • Any collateral contact of an offender • Victims or their families • Any other persons with official contact on behalf of offenders

34. Defining Staff Sexual Misconduct (cont.) • NIC defines staff sexual misconduct as: • Staff sexual misconduct includes, but is not limited to, acts or attempts to commit such acts as: • Sexual assault, abuse, or harassment • Actions designed for sexual gratification of any party • Conduct of a sexual nature • Obscenity • Unreasonable invasion of privacy • Inappropriate viewing • Conversations or correspondence which suggests a romantic or sexual relationship • There can be no consensual sex between staff and inmates

35. Legal Issues and Evolution of State Law • Highly visible cases of misconduct in women’s prisons have raised awareness of the issues of correctional staff engaged in sexual misconduct with inmates • Highest incidence of staff sexual misconduct is that of female staff with male offenders • Gaps in protection of offenders result in a lack of coverage when an incident involves particular types of agency personnel, agencies other than prisons and jails, and certain types of conduct

36. Determining Prevalence of Sexual Violence in Correctional Facilities • PREA raises the urgency of the corrections field’s response to these issues by viewing the problem as widespread • Difficult to determine the incidents of such behaviors

37. Determining Prevalence of Sexual Violence in Correctional Facilities (cont.) • Data on incidents have often been documented under more general categories • Underreporting of incidents when they occur • Difficult to investigate • Staff may not recognize the signs indicating a potential problem • Code of silence may prevail among inmates and/or staff • Effective reporting mechanisms are not in place • Investigations may not be objective

38. Determining Prevalence of Sexual Violence in Correctional Facilities (cont.) • Barriers to accurate reporting • Problems in inmate reporting • Difficulty obtaining physical evidence • Inappropriate approach to inmate interviews • Inadequate protocol training on investigation • Lack of resources • Lack of information on progress of investigation

39. Determining Prevalence of Sexual Violence in Correctional Facilities (cont.) • Barriers to accurate reporting (cont.) • Use of outside investigators with limited correctional expertise • Lack of coordination among various parties involved in process • Problems with maintaining confidentiality • Lack of support by leadership and relevant outside agencies

40. Determining Prevalence of Sexual Violence in Correctional Facilities (cont.) • PREA requires BJS to develop new national data collections • At present, there are no reliable estimates of the extent of unreported sexual victimization • BJS is developing and testing methods that would wholly measure the incidence of this problem

41. Influencing Factors • Growth of Corrections • More supervisors have been needed to operate all aspects of prison facilities • Supervisors may feel uncomfortable confronting sensitive issues such as sexual misconduct • Prison and jail crowding, staff shortages, and design flaws contribute to sexual violence

42. Influencing Factors (cont.) • Cultural Collision • Inmates may have very different backgrounds from staff • Much poorer, less educated, less skilled, and more urban than previous prison/jail populations • Cultural differences can create a collision of perceptions, communication styles, life experiences, and values

43. Influencing Factors (cont.) • Advocacy Groups • Groups and individuals advocating for inmates’ rights are concerned that correctional leadership, law, and policies should address abuse of any kind • National and state groups have served as watchdogs in the form of written reports and hearings

44. Influencing Factors (cont.) • Cross-Gender Supervision • Cross-gender supervision may increase likelihood of heterosexual sexual misconduct • Need to manage ratios carefully within facilities that employ both genders • Assess staffing in high privacy areas • Stay abreast of current practice

45. Influencing Factors (cont.) • Public Interest and Increased Awareness of Abuse of Power • Costly lawsuits combined with general public’s frustration with crime have contributed to increased interest in corrections • Growing awareness of sexual violence in prisons parallels increasing awareness of domestic violence

46. Dynamics of Staff-Inmate Sexual Misconduct • Boundaries between staff and inmates can become blurred • Staff feeling vulnerable in their personal lives may have increased vulnerability for crossing the lines of appropriate behavior • Few correctional training programs address feelings and emotional dilemmas of staff when inmates become attached to them

47. Dynamics of Staff-Inmate Sexual Misconduct (cont.) • Staff and inmate interactions must always be understood within the context of a paramilitary structure • Many male and female inmates have experienced significant childhood abuse, which can impact adult behavior patterns • Sexual misconduct is prevalent among female officers with male inmates • Many staff fear that inmates will use false allegations to manipulate them

48. Approaches to Prevent and Address Staff Sexual Misconduct • Cases must be viewed in the context of an organization’s culture and practices • Need to create strong policy and practice to address staff sexual misconduct • Institutions are also striving to prevent inmate-on-inmate sexual assault

49. Conclusion • An understanding of the importance of professional boundaries and the role of correctional staff in an often emotional environment requires knowledge on inmate dynamics and institutional culture • State and federal laws provide a structural framework for identifying sexual misconduct and recommending consequences for inappropriate behavior