NATIONAL BORDER PATROL COUNCIL
American Federation of Government Employees
Affiliated with AFL-CIO
“Protecting Those Who Protect Our Borders”
September 21, 2014
Information on Union Meeting
Time: @ 5pm
Location: 1413 State Street El Centro CA 92243
Union Meetings are every 3rd Tuesday of the Month at 5pm at 1413 State St in El Centro.
Information on Pay reform
Senate Passes Border Patrol Pay Bill: The Senate this week passed the AFGE-backed Border Patrol Agent Pay Reform Act that would stabilize agent pay amid today’s uncertain budgetary environment and secure the hours necessary to protect the border. The bill, S. 1691, would allow border patrol agents to choose among three pay schedule options: 100 hours per pay period with 20 hours of overtime; 90 hours per pay period with 10 hours of overtime; or 80 hours per pay period with no overtime. The bill would also initially require that 90% of agents at any given location work 100 hours per pay period. This means that if fewer than 90% of agents at any given location choose to work less than 100 hours per pay period, the Customs and Border Protection is authorized to unilaterally assign agents to work extra hours in order to meet the staffing floor. This staffing floor could be lowered if the detailed staffing assessment of each station, which is also required by the bill, shows that the agency needs less hours to be worked.
The bill now heads to the House, which is not expected to take it up until after the November elections. AFGE endorsed the bill as the current pay scheme has been applied inconsistently and has been subject to much political manipulation in the context of budget debates.
“We still have a lot of work to do as this is not yet a done deal. But we are grateful for all of those elected representatives that put an awful lot of work into getting this through the Senate,” AFGE National Border Patrol Council President Brandon Judd said.
AFGE National President J. David Cox Sr. praised Sens. Jon Tester of Montana and John McCain of Arizona for introducing the legislation and thanked cosponsors Heidi Heitkamp of North Dakota, Kelly Ayotte of New Hampshire, Jeff Flake of Arizona, and John Cornyn of Texas. Cox also thanked Senate Homeland Security and Governmental Affairs Chairman Tom Carper of Delaware and Senate Majority Leader Harry Reid of Nevada for their help in securing Senate passage.
“This legislation is absolutely crucial for bringing stability and predictability to Border Patrol pay and will make a huge, positive contribution to our agents’ ability to provide the most effective border security,” Cox said.
Information on AUO Decertification
On September 19, 2014, El Centro Sector Management sent out an email stating that effective October 05, 2014, agents working in modified duty positions cannot earn AUO. El Centro Sector Management is defining “Modified Duties” as follows:
“Any agent not able to dispense the full duty status of a Border Patrol Agent, ie, light duty for medical reasons, loss of law enforcement status pending investigation or LER action, and or criminal charges. Nearly all positions occupied by agents on modified duty are administrative in nature, and those that are not, are certainly predictable and can be taken over by the oncoming shift.”
Information on Union Representation Activities
– On September 17, 2014, two Calexico Station Agents were given a Formal Counseling Letter for failure to complete VLC Courses by the deadline imposed by the Calexico Station. The charge as stated on the letter is, “Failure to Follow Supervisor Instructions.” Both Agents sought Union Assistance and are being represented by a Union Executive Board Member. A Request for Information was submitted to the Agency on September 19, 2014. An extension to file the Step 1 Grievance was granted until the Union receives the requested information.
Information Regarding Night Differential Pay
– A Union Executive Board Member has reviewed information provided by the Agency with regards to Night Differential Pay. The Union asked for this information because an IDO Agent believed that Night Shift Differential Pay was not being applied correctly. A determination was made that a Union Initiated Grievance is not warranted at this point. If at any time you feel that Night Differential Pay is not being applied correctly to you, please reach out to a Union Representative and we can file a grievance for you or assist you in filing one.
With regards to Night Shift Differentials, 5 CFR 532.505 reads as follows:
(a) Employees shall be entitled to receive night shift differentials in accordance with section 5343 of Title 5, United States Code.
(b) Absence on holidays. An employee regularly assigned to a shift for which a night shift differential is payable shall be paid the night differential for a period of excused absence on a legal holiday or other day off from duty granted by Executive or administrative order.
(c) Travel Status. An employee regularly assigned to a shift for which a night shift differential is payable shall be paid the night shift differential for hours of the employee’s tour of duty while in official travel status, regardless of whether the employee is performing work.
(d) Temporary tour of duty.
(1) An employee regularly assigned to a night shift who is temporarily assigned to a day shift or to a night shift having a lower night shift differential shall continue to receive the regular night shift differential, a temporarily detail for training purposes is also included — see 5 CFR 410.602
(2) An employee regularly assigned to a night shift, who is temporarily assigned to another night shift having a higher differential, shall be paid the higher differential if a majority of the employee’s regularly scheduled non-overtime hours of work on the temporary shift fall within hours having the higher differential.
(3) An employee regularly assigned to a day shift who is temporarily assigned to a night shift shall be paid a night differential.
(e) Leave with pay.
(1) An employee regularly assigned to a night shift shall be paid a night shift differential during a period of leave with pay.
(2) An employee regularly assigned to a day shift who is temporarily assigned to a night shift shall be paid a night shift differential for any leave with pay taken when scheduled to work night shifts.
(3) An employee assigned to a regular rotating schedule involving work on both day and night shifts shall be paid a night shift differential only for any leave with pay taken when scheduled to work night shifts.
(4) An employee who is not regularly assigned to a day shift or a night shift but whose shift is changed at irregular intervals shall be paid a night shift differential during leave with pay if the employee received a night shift differential for the last shift worked preceding leave with pay.
***NOTE*** Border Patrol – Employees are paid N/D when leave used is less than eight hours per pay period. SEE 5 CFR 550.122
With regards to Night Shift Differentials, 5 CFR 550.122 reads as follows:
5 CFR 550.122 Computation of night pay differential.
(a) Absence on holidays or in travel status. An employee is entitled to a night pay differential for a period when he is excused from night-work on a holiday or other non-workday and for night hours of his tour of duty while he is in an official travel status, whether performing actual duty or not.
(b) Absence on leave. An employee is entitled to a night pay differential for a period of paid leave only when the total amount of that leave in a pay period, including both night and day hours, is less than 8 hours.
(c) Relation to overtime, Sunday, and holiday pay. Night pay differential is in addition to overtime, Sunday, or holiday pay payable under this subpart and it is not included in the rate of basic pay used to compute the overtime, Sunday, or holiday pay.
(d) Temporary assignment to a different daily tour of duty. An employee is entitled to a night pay differential when he or she is temporarily assigned during the administrative workweek to a daily tour of duty that includes night-work. This temporary change in a daily tour of duty within the employee’s regularly scheduled administrative workweek is distinguished from a period of irregular or occasional overtime work in addition to the employee’s regularly scheduled administrative workweek.
END OF NEWSLETTER
LOMBARDO AMAYA (PRESIDENT)
FERNANDO GURROLA (CAX V-PRESIDENT)
ARTURO ALCARAZ (IDO/RIV V-PRESIDENT)
TONY SERNA (ELS V-PRESIDENT)
PORFIRIO ABARCA (SECRETARY)
JOSE ARROYO (SERGEANT OF ARMS)
TONY PLATTEL (TREASURER)