Federal Prison Worker Awarded Back Pay after Grievance Settled at Arbitration
The American Federation of Government Employees Council of Prison Locals, Local 510 (AFGE) and the United States Department of Justice (DOJ) entered into a settlement agreement on August 9, 2001, which provided for back pay with interest and other remedial corrections in a case alleging the Federal Bureau of Prisons (BOP) improperly denied pay raises associated with temporary promotions. The case is being reported now by PLN after a longstanding Freedom of Information Act request was recently fulfilled by the BOP.
This case concerned Lourdes Araujo, who worked as a recreation supervisor at the Federal Detention Center in Miami (FDC-Miami) for almost three years without receiving the higher grade pay associated with that position. Araujo complained that although she received incentive awards based on her supervisory position, FDC-Miami Associate Warden never gave her "the rate of pay she so deserved."
Araujo later filed a formal grievance and complaint with the U.S. Department of Justice seeking back pay on behalf of herself and all other "recreation, correctional services, unit management, and business office warehouse staff" so affected. Later, the AFGE turned the case into a class-action grievance, which alleged that the pay disparity was based on "race, color, creed, and/or national origin."
The case proceeded to mandatory arbitration under the federal Back Pay Act. On August 9, 2001, AFGE and the DOJ reached an agreement to settle the case, which provided for a lump sum payment of $4,855.55, plus interest, for Araujo for back pay. DOJ also agreed to force the BOP to adhere to the procedures outlined in the Human Resources Manual with respect to promotions and pay increases. DOJ also agreed to review the back pay claims of all other class-action plaintiffs, and to report within 45 days of the agreement the reason(s) back pay will not be paid in full to them.
As part of the settlement, AFGE and Araujo also agreed that no further complaints over the same issue may be brought before any other governmental or judicial body. See: American Federation of Government Employees Council of Prison Locals, Local 501 v. U.S. Department of Justice, FMCS No. 01062112524-3 (Aug. 9, 2001).
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
American Federation of Government Employees Council of Prison Locals, Local 501 v. U.S. Department of Justice
| Year | 2001 |
|---|---|
| Cite | FMCS No. 01062112524-3 (Aug. 9, 2001) |
| Level | Administrative Agency |
| Conclusion | Admin. Award |