Special Meeting- February 28, 2018

Notification of a special meeting for all local union members on February 28, 2018 at 4:15pm at the CAB.


Within the local bylaws, the topics of this meeting are limited to the following:


  • The local hiring a full time attorney for litigation purposes.
  • Congressional inquiries and visits.

Shutdown Lawsuit 2013


Here have been several important developments in this case since our last entry.

First and most important, in an Order dated February 13, 2017, Judge Campbell-Smith granted our motion for summary judgment that the plaintiffs are entitled to liquidated damages. As a result, with two exceptions, any plaintiffs who worked 40 or more hours during the week of September 29-October 5, 2013 and were not paid at least $290 on their regularly scheduled payday for that week, and any plaintiffs who worked overtime during that week but were not paid for that overtime on their regularly scheduled payday for that week, will be entitled to recover! Judge Campbell-Smith’s determination is final, subject to the Government’s right to appeal if it chooses to do so.

The two exceptions are:

  • Plaintiffs who are classified as exempt under the Fair Labor Standards Act (“FLSA”) cannot recover because they are not covered by the minimum wage and overtime provisions of the FLSA;
  • The approximately 350 Plaintiffs who did not contact us until October 2015 or later are excluded from this ruling. The normal statute of limitations for FLSA claims is two years. We filed a separate lawsuit for the 350 Plaintiffs who contacted us during or after October 2015 and argued that the limitations period should be extended to three years, but the judge ruled against us on that claim. We have filed a notice of appeal concerning that ruling.

Second, the Government has retained a consultant who was agreeable to us to help calculate how much money each plaintiff is owed. This is a complicated task because Plaintiffs come from numerous Government agencies, and the various agencies have different payroll and recordkeeping systems. We understand that the consultant has been collecting the relevant records and putting them in computer useable form. It has taken longer than we had hoped to reach this stage, but we anticipate that in a few weeks we will be meeting with the consultant and the Government’s lawyers to try to agree on the formulas that the consultant will use to calculate each Plaintiff’s award.

Third, in the spring of 2017, Heidi Burakiewicz moved from the firm of Mehri & Skalet to the firm of Kalijarvi, Chuzi, Newman & Fitch. As a result, you will have two firms working with the Government’s lawyers and the consultant to try to figure out the award that each of you will receive. You may contact either firm if you have questions, comments, or concerns. 


Shutdown lawsuit Contact




Years-old ballistic vests, lacking medical apparatus, vehicles with bald tires and antiquated cameras and monitors are some of the core issues to which union leaders point


USATODAY- Joint Effort Fight Against Augmentation

I am extremely thankful to the USAToday staff that published an article in a joint effort to combat the augmentation practices that we have come to know. The process is flawed and the nation now knows about this issue. Local 3969 is proud to have been part of this joint effort and will continue to fight for all of our staff.

Thank you all for your continued support.


John Kostelnik
AFGE Local 3969 President

Hector Gutierrez EOW

Brothers and sisters,

It is with great sadness that we lost our brother Hector yesterday.  Hector Gutierrez, a former Marine, and BOP brother was only 38 years old and leaves behind his wife and children, who are and will always be a part of our bureau family.

The local and management went to Hector’s home in Menifee, CA today and spent time with the family.  We engaged in conversation that will forever be engraved with me, and one thing I want to relay is when we told his family how much Hector was loved by all of us, his wife and kids continued to tell us how much he loved all of us.  Hector’s wife, Maria, spoke about how proud Hector was to work for the bureau and how proud they were of him, and it was unquestionable that Hector had all the love one could possible dream of.  Hector is going to be missed by all of us.  It was an absolute privilege to have worked with him, and we should all be proud to call him our brother.

In the coming days and weeks we will all face grief, and we must be there for one another.  Hector’s family needs us, and we need to be there for them.  I ask that we send all the thoughts and prayers we can to his family in this difficult time.  This is a reminder of how precious life is, and I hope we never take for granted the time we have, and the people in our lives.

John Kostelnik
AFGE Local 3969 President

Military Leave- Night Differential

The local is currently working on assisting staff who have used military leave in the past few years by getting them paid for the night differential (if applicable) they are owed for those days.  Staff who specifically used military leave in the past few years are encouraged to contact; Zumkehr, Amezcua, Fritz, or Kostelnik.  We will let you know what information is required and ultimately will create the MSPB case to get you the back-pay for the amount owed.

FCC Victorville JOB CUTS

Lompoc local and Victorville team up


Lompoc union teams up with Victorville and takes the fight to the media