Visit to IDO muster

Visit to IDO muster at 6am this morning is cancel.

We have schedule a meeting with Sector managers to go over the procedures applied or implemented in Sector in regards this transition period and up to the implementation of Border Patrol Pay Reform.

Meeting will take place at Sector HQ at 930 am.

Our National President will be participating in this discussion, as well 3 local union officials.

One statement that we can make for sure is that:

Border Patrol Agents should not be losing money/salary during this transition period.

We will try to be at IDO with our National President some time within the next few months.

National NBPC President Visit to El Centro Sector

NBPC National President is scheduled to visit for the Local 2554 Monthly Meeting on Tuesday, May 19, 2015. At 5:00 pm.

He will address 2 PM muster on Monday, May, 18, 2015 at El Centro Station.

On Tuesday May 19, 2015 NBPC President and Local 2554 will meet with Sector management to go over FEPA/FLSA issue implementation and procedures.

He will address 6:00am muster at IDO station.

He will address 2 PM muster on Tuesday May 19, 2015 at Calexico Station.

 

Try to attend these 3 musters or our union meeting.

If you can’t, send us email with your questions.

 

Oversight Passes Bill to Ensure Fair Pay for Border Patrol Agents

Oversight Passes Bill to Ensure Fair Pay for Border Patrol Agents

May 13, 2015

WASHINGTON—Today the House Oversight and Government Reform Committee held a markup of [H.R. 2252], authored by Congressman Will Hurd (TX-23). The legislation passed out of the Committee with bipartisan support.

Specifically, H.R. 2252 clarifies components of a new pay scale for U.S. Border Patrol (USBP) agents by making clear to the Department of Homeland Security that agents will continue to receive overtime pay until the new pay system is fully implemented. Recent changes made to the Administratively Uncontrollable Overtime (AUO) system within USBP are the result of legislation passed unanimously in the 113th Congress by Chairman Jason Chaffetz (UT-03).

The Department of Homeland Security and Customs and Border Protection fundamentally misunderstood the intent of the new law and made a decision in April 2015 that would have required CBP agents to pay back overtime pay. Their decision also meant that CBP agents would not receive pay for overtime earned between April 19 and May 16, 2015.

“The men and women who serve as Border Patrol Agents are hardworking and dedicated law enforcement officials,” said Hurd, whose district includes over 800 miles of border between the U.S. and Mexico. “They often work in harsh conditions, sometimes putting their own lives at risk, in order to protect our nation and their communities. They and their families deserve our support and the security of a steady, dependable monthly income. We have heard from those same hard working agents about how this would impact them and I am looking forward to working with my colleagues to solve this problem.”

“I am grateful to Congressman Hurd for his leadership on Border Patrol issues and for his commitment to the agents who protect our borders. These men and women work hard to uphold our nation’s laws and keep our communities safe. Congressman Hurd’s legislation will help ensure that the Border Patrol pay system is reliable and consistent,” said Chaffetz.

Bill to clarify parts of the Border Patrol Agent Pay Reform Act passes the House of Representatives.

H.R. 2252 Passes House of Representatives

Earlier today, H.R. 2252, a bill to clarify provisions of the Border Patrol Pay Reform Act of 2014, was passed by the House of Representatives by unanimous consent.  The bill will now head to the United States Senate for consideration.  We have been advised that it should receive swift passage there as well.

The National Border Patrol Council would like to thank Rep. William Hurd of Texas’s 23rd Congressional District and his staff for their efforts in shepherding this bill through the legislative process.  Rep. Hurd’s championing of this bill will have a significant impact on border security and the financial well-being of Border Patrol agents nationwide.

“The men and women who serve as Border Patrol Agents are hard working and dedicated law enforcement officials,” said Hurd, whose district includes over 800 miles of border between the U.S. and Mexico. “They often work in harsh conditions, sometimes putting their own lives at risk, in order to protect our nation and their communities. They and their families deserve our support and the security of a steady, dependable monthly income. It’s outrageous that the lack of action by a bunch of Washington bureaucrats is putting at risk the paychecks of these courageous agents.”

Hurd represents portions of four Border Patrol Sectors, including Big Bend, Del Rio, El Paso and Laredo, manned by more than 6,400 Border Patrol Agents.  National Border Patrol Council President Brandon Judd commented, “We want to thank Representative Will Hurd for his leadership on this important issue. This legislation will provide our Agent’s and their families’ financial stability by fully implementing the BPAPRA of 2014. Every day our Agents put their lives on the line to protect our communities from drug cartels, human smugglers, and other individuals intending to do harm. We appreciate the support of Rep. Hurd and thank him and his staff for their hard work and commitment to the men and women of the Border Patrol.”

NBPC – FLSA Exemption and AUO Excludability Q&A

NBPC – FLSA Exemption and AUO Excludability Q&A

In an attempt to answer some of the questions related to the FLSA exemption and AUO excludability, the NBPC created the following Q&A. This was distributed to local presidents in advance of this posting.

Q1.     How will the agency’s recent decision to exempt BPA’s from FLSA impact me?

A1.     The impact will be financial in the form of a pay reduction (loss of FLSA payment) for Pay Period 8, the period covering April 19, 2015 – May 2, 2015. We anticipate that with the passage of a Technical Amendment that will be introduced by Senator McCain, all agents will recoup the loss of FLSA for both Pay Periods 8 and 9.

Q2.     I am a canine handler, and in Pay Period 8, for each day that I kept my assigned canine at home with me, I worked and claimed the additional hour of canine maintenance (17/17 pay) authorized under the negotiated and agreed upon Canine Policy. How will the exemption of FLSA affect those hours that I worked and claimed?

A2.     Due to the FLSA exemption, you will be paid overtime (code 21) for those hours worked and claimed in Pay Period 8. But as with the above answer, we anticipate recouping the loss of FLSA for Pay Period 8.

Q3.     I was authorized and claimed FLSA for travel during Pay Period 8; how will I be paid for those hours?

A3.     The agent will have one of two options. The agent may accept comp time as per law or the agent can wait until the Technical Amendment passes at which time the agent will be entitled to submit an amended T&A to recoup their FLSA Travel.

Q4.     What effort is the Union undertaking to mitigate the loss of pay from the FLSA exemption for BPA’s?

A4.     The NBPC has negotiated a plan that will ensure that in Pay Period 9 (May 3, 2015), the agency will pay two (2) hours of FEPA overtime in addition to AUO to all BPA’s, so for those BPA’s that are not currently de-certified from earning AUO, they will earn an additional two (2) hours of overtime per day to mitigate the loss of pay from the FLSA exemption. For those who are currently de-certified from earning AUO, the loss of FLSA will only be mitigated upon a legislative fix to correct the exemption.

Q5.     Are there any legislative efforts underway to mitigate the FLSA exemption?

A5.     The Union is currently working with Congress in order to introduce an amendment to the BPAPRA that would postpone the FLSA exemption until such time that the BPAPRA is fully enacted; thereby allowing BPA’s to earn FLSA until the enactment of the BPAPRA. This legislative fix will ensure that agents will earn FEPA plus FLSA. With FEPA plus FLSA, agents will make more money than they otherwise would with 25% AUO plus FLSA.

Q6.     How will I claim AUO and FEPA on my T&A for Pay Period 9?

A6.     For hours worked beyond your 8-hour shift during Pay Period 9, you will claim 2 hours of FEPA (code 21); however, for any additional hours beyond the 2 hours of FEPA, you will claim AUO (code 41).

Q7.     If I am scheduled for a training day during Pay Period 9, will I be allowed to work additional FEPA hours after my training day ends?

A7.     Yes, you will be allowed to perform additional work beyond your regular training day, up to 2 hours of FEPA. This also extends to any other duty day (non-leave) that was previously categorized as an “excludable day.”

Q8.     What duties can be performed during FEPA hours?

A8.     Any duty, excluding Union duties, can be compensated using FEPA, to include VLC courses, administrative functions, weapon cleaning, etc.

Q9.     Why is the Union fighting for FLSA only until the enactment of the BPAPRA? Why did the legislation not include FLSA with the BPAPRA?

A9.     The Union is fighting for FLSA until the enactment of the BPAPRA because the Agency is choosing to only implement the FLSA exemption WITHOUT the portion of the BPAPRA that counters the loss of FLSA pay, which is the payment of 25% if your election is Level 1 pay. The Union’s position is that the Agency should not “piece” together the portions of the BPAPRA that it wants, while ignoring the portions that counter the loss of pay for agents. The Union attempted to get FLSA in the BPAPRA; however, Congress refused to allow BPA’s to get overtime “baked” in to their pay along with FLSA thereby making BP the only federal law enforcement agency who has overtime as a guarantee along with FLSA.

Q10.     Why did the Union enter into an agreement to allow the agency to implement the Overtime Transition Plan?

A10.     The Union fought for a plan that would mitigate the loss of pay that was going to occur with the Agency’s implementation of their “new” AUO regulations that would’ve guaranteed that BPA’s would be at 10% AUO nationwide, due to their stringent standards of what qualifies as AUO, as well as the incremental justifications for each quarter hour of AUO. As stated above, the overtime transition plan (FEPA plus FLSA) will ensure agents make more money than they otherwise would have made with 25% AUO plus FLSA.

Q11.     Will I have to pay back money that the government claims was “erroneously paid” due to the interpretation from the agency and OPM that BPA’s were FLSA exempt on December 18, 2014?

A11.     No, the agency has indicated that the will not seek back pay from BPA’s due to the FLSA exemption; however, in the unlikely event that they do, the NBPC will seek individual waivers for all members.

Q12.     When will the Overtime Transition Plan (OTP) take effect, and what impact will it have on pay?

A12.     The OTP will become effective Pay Period 10 (May 17, 2015). On that date, AUO will no longer be paid to BPA’s; however, all hours spent beyond your scheduled workday will be compensated with FEPA. The NBPC is hopeful that Congress passes the legislative fix discussed in “A5” in order to allow BPA’s to also earn FLSA until the BPAPRA is fully enacted. In the event that a legislative fix is not set by that date, back pay retroactive to the FLSA exemption will be sought when a legislative fix is enacted.

Senate Bill to Stop DHS’ Partial Implementation of BPAPRA

Senate Bill to Stop DHS’ Partial Implementation of BPAPRA

As previously stated, the National Border Patrol Council has been working with Congress to address the Agency’s attempt to implement parts of the BPAPRA. The following bill is the result of those discussions. Although this bill has not been introduced yet, the NBPC has been informed that the bill will be introduced soon. The bill, as indicated, will prevent the partial implementation of the BPAPRA, such as exempting agents from FLSA, until OPM promulgates and makes effective regulations related to the BPAPRA.

Senate Bill to Stop Partial Implementation of BPAPRA