AUO Decertification Memo to Sector’s Chiefs is on its way!

Latest News:

 

Today our local received news from our national leadership that a memorandum will be issue on Thursday, February 19, or Friday, February 20, 2015 to every Sector Chief. This memorandum will notify them of the implementation of the AUO Decertification as well some procedures that must accompany such notice. Sector’s Chiefs then will notify their stations about the whole issue.

 

NBPC at National level continue negotiating over the impact and implementation of this agency action.

Locally we will negotiate over the impact and implementation to the full extend of the law.

 

We will keep you posted when more details or information is available.

NBPC 2554 Newsletter February 9, 2015

NATIONAL BORDER PATROL COUNCIL

LOCAL 2554

American Federation of Government Employees

Affiliated with AFL-CIO

 

“Protecting Those Who Protect Our Borders”

 

Union Newsletter

 February 9, 2015

 

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Information on Union Meeting

 

When: February 17, 2014

Time: @ 5pm

Location: 1413 State Street El Centro CA 92243

 

Union Meetings are every 3rd Tuesday of the Month at 5 pm at 1413 State St in El Centro.

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AUO Decertification

 

BEGIN NBPC STATEMENT

 

The following information was published by the NBPC on February 5, 2015.

 

On January 22, 23, a 24th (2015), Chief Fisher appeared at several musters in the Tucson Sector and informed Agents of the imminent de-authorization of AUO. The timing of his announcement caught everyone off guard; however, the announcement about de-authorization itself should not have caught anyone off guard. Due to the ongoing legal issues of AUO, the agency has been slowly decertifying Border Patrol Agents in phases. The first phase was management at HQ and all academy personnel; the second phase was upper managers at the sector level; the third phase was second line supervisors and above at both the station and sector levels as well as certain details at both the stations and sectors, and the last phase, which apparently will happen soon is the rest of the Border Patrol. The culmination of which is the total de-authorization of OBP.

 

The agency is waiting for legal guidance from OPM on how to proceed with the de-authorization, but upon receipt of that guidance, the NBPC should be properly notified, followed by each individual Agent. The de-authorization cannot take place until at least 30 days after you receive your notice. There is no exact time line on when OPM will provide it’s guidance, but as Chief Fisher put out in the musters, we know it will happen soon, and at that time, he will move forward with CBP’s plan to de-authorize all Agents.

 

In order to get out in front of this issue, the NBPC has been in contact with the agency in an effort to obtain working conditions that will benefit all Agents. There are several initiatives being worked on at this time. Although we cannot get into the specifics at this time, we can tell you that your pay checks, due to negotiations, should not suffer and in some cases will actually increase. We can also tell you that we are confident that we will be going away from clean shifts and that an alternative work schedule will be provided. Specific details will be given when the issue is finalized.

 

If you have any questions, please get with your Local Union Executive Board Officers and if they do not have an answer readily available they will get you one.

 

END OF NBPC STATEMENT.

 

The following information is condensed from a statement from Local 2554 originally posted on February 4, 2015:

 

  • NBPC is expecting that Border Patrol Pay Reform will be implemented within the next six months to one year.
  • AUO Decertification will be across the board (all Sectors) with payment of FEPA beyond the regularly scheduled 8 hour shifts.
  • An MOU with all parties is currently being worked on.
  • Alternative/compressed work schedules are now on the table.
  • No more clean shifts. We are going back to 6am to 2pm, 2pm to 10pm, 10pm to 6am.

 

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Information on Union Representation Activities

 

Local 2554 is currently negotiating with El Centro Station regarding the Parking lot designations.

 

Due to the success of the PARESE committee in dealing with DUI’s, the committee will be shifting the focus to Domestic Violence and other alcohol relate events.

 

If you are having pay related concerns due to AUO restrictions on Protective class employees Light duty/OWCP, please contact a Union Representative. You are entitled to compensation for any loss of wages including “Lost Wages” that are a direct result of an assignment to “current” light duties/AUO non-compensable duties.

 

 

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IF YOU ARE HAVING A CONCERN WITH MANAGEMENT PLEASE CONTACT A UNION REPRESENTATIVE.

 

 

END OF NEWSLETTER

 

If you have any questions, comments or suggestions for the Monthly Newsletter please contact David Yglesias at the following email: dyglesias@nbpc2554.org

 

 

AFGE/NBPC/LOCAL 2554

 

E-BOARD MEMBERS

 

LOMBARDO AMAYA             (PRESIDENT)

email: lamaya@nbpc2554.org

 

FERNANDO GURROLA (CAX V-PRESIDENT)

email: fgurrola@nbpc2554.org  

ARTURO ALCARAZ             (IDO/RIV V-PRESIDENT)

email: aalcaraz@nbpc2554.org 

 

Martin Garcia                         (ELS V-PRESIDENT)

email: mgarcia@nbpc2554.org                  

 

Guadalupe Valenzuela            (SECRETARY)

email: gvalenzuela@nbpc2554.org  

 

DAVID HANAN             (SERGEANT OF ARMS)

email: dhanan@nbpc2554.org 

 

TONY PLATTEL             (TREASURER)

email: tplattel@nbpc2554.org

 

NBPC Statement on AUO Decertifications

NBPC Statement on AUO Decertifications

Published on February 05 2015

On January 22, 23, and 24th (2015), Chief Fisher appeared at several musters in the Tucson Sector and informed agents of the imminent de-authorization of AUO.  The timing of his announcement caught everyone off guard; however, the announcement about the de-authorization itself should not have caught anyone off guard.  Due to the ongoing legal issues of AUO, the agency has been slowly decertifying Border Patrol Agents in phases.  The first phase was management at HQ and all academy personnel; the second phase was upper managers at the sector level; the third phase was second line supervisors and above at both the station and sector levels as well as certain details at both the stations and sectors, and the last phase, which apparently will happen soon is the rest of the Border Patrol.  The culmination of which, is the total de-authorization of OBP.

The agency is waiting for legal guidance from OPM on how to proceed with the de-authorization, but upon receipt of that guidance, the NBPC should be properly notified, followed by each individual agent.  The de-authorization cannot take place until at least 30 days after you receive your notice.  There is no exact time line on when OPM will provide it’s guidance, but as Chief Fisher put out in the musters, we know it will happen soon, and at that time, he will move forward with CBP’s plan to de-authorize all agents.

In order to get out in front of this issue, the NBPC has been in contact with the agency in an effort to obtain working conditions that will benefit all agents.  There are several initiatives being worked on at this time  Although we cannot get into the specifics at this time, we can tell you that your pay checks, due to negotiations, should not suffer and in some cases will actually increase.  We can also tell you that we are confident that we will be going away from clean shifts and that an alternative work schedule will be provided.  Specific details will be given when the issue is finalized.

If you have any questions, please get with your Local Union Executive Board Officers and if they do not have an answer readily available, they will get you one.

 

AUO Decertification Issue

CBP is planning to implement AUO decertification in three stages, the NBPC has learned.

This means all Border Patrol Agents will be AUO decertified, regardless of assignment. CBP, via unofficial notification (corrected)  to the NBPC on January 29th, 2015, is planning to implement decertification sometime this month, although an exact date has not yet been provided.

NBPC is now in the process of bargaining over the impact and implementation. of this AUO decertification and additionally, how FEPA will be implemented. An MOU with all parties is currently being worked on.

HQ/OBP will issue the notification to all Border Patrol Sector Chiefs sometime this week (correction: it could be this week or next week, we don’t have a date)

A tentative agreement has been reached with CBP, specifically with reference to AUO decertification, involving three primary components:

1) AUO decertification across the board (all Sectors), with payment of FEPA beyond the regularly scheduled 8 hour shift.
2) Alternative and/or compressed work schedules are now on the table.
3) No more clean shifts. We are going back to 6am to 2pm, 2pm to 10pm, 10pm to 6am.

There is a consistent rumor that Border Patrol Pay Reform implementation will take 3 years. Based on conversations with CBP, they’ve confirmed that this extended timeline is inaccurate and that more information will be forthcoming.

That said, Congressman Chaffetz Chairman of Oversight Committee and Senator Johnson Chairman of Senate Homeland Security Committee were made aware of the current delay by CBP.

They have reached out to CBP and made it clear that Border Patrol Pay Reform needs to be implement in a fair and timely manner and that CBP shall provide the information to OPM promptly and without further delay.

The NBPC is expecting that Border Patrol Pay Reform be implemented within the next six months to one year. The NBPC is steadfast in the belief that Border Patrol Agents should be properly compensated for their hard work and dedication. Those beliefs have been aggressively communicated to not only CBP, but the Congressional officials listed above.

The NBPC is posting the most current information, communicated to them by CBP. That said, the NBPC can not account for all of the information and/or details surrounding this complicated issue nor can they control which CBP and/or HQ/OBP officials release said information. However, the NBPC will continue to levy pressure on CBP to provide as much follow-up information, as quickly as possible, as the situation evolves.

 

Editor of this post: BPA Thane Gallagher

LOCAL 2554 SECRETARY PORFIRIO “POKI” ABARCA FUNERAL SCHEDULE

Visitation will be Monday, January 19th from 6:00pm-9:00pm at Frye Chapel & Mortuary in Brawley, CA. Rosary will be said at 7:00pm.

Mass will be Tuesday, January 20th at 10:00am at St. Margaret Mary Church in Brawley, CA.

Burial will follow mass at Riverview Cemetery in Brawley, CA.

Poki Prayer Card-01

 

http://pokiabarca.com/

Q&A about Border Patrol Pay Reform.

From the National Border Patrol Council:  The following are the most common questions or concerns we receive about the Border Patrol Agent Pay Reform Act with their corresponding answers.

 

 

Question: Does the report that is required by the agency and the subsequent analysis by the GAO give the agency authority to unilaterally lower an agent’s rate of overtime pay from Level 1 to a lower level or from Level 2 to the basic rate of pay?

 

Answer:  No. The most common section that has caused confusion is found close to the end of the law on page 25, line 21 as shown on the NBPC Website. This section talks about a “Comprehensive Staffing Analysis.” This analysis is a report that must be submitted by the agency to the Comptroller General after one year of the law’s enactment.  The Comptroller General has 60 days after receipt of the agency’s report to submit a comprehensive analysis of the report to certain committees of Congress.  Although a report must be submitted, nothing in this section of the law gives the agency, Comptroller General, or Congress the authority to unilaterally lower an agent’s rate of pay from that which the agent elected.

 

On Page 4, line 21 – “In Lieu of Election.”  This section specifically says that if an agent does not make a timely election that agent “shall be assigned to the Level 1 border patrol rate of pay.” Please note the agency cannot assign someone lower than the Level 1 rate of pay.

 

Also, and on page 9, line 6 and ending on page 10, line 4 you will find a section entitled “Implementation.” This section talks only about enhancing one’s retirement annuity.  This section allows the agency to ensure an agent doesn’t “artificially enhance (his/her) retirement annuity” by choosing a level higher than the one they generally elected for the majority of their career in order to increase their “high three.” Example: If an agent works the majority of their career at the basic rate of pay or at the level 2 rate of pay, that employee may not elect the level 1 rate of pay for the last three years of his/her career for the purpose of gaining extra in their retirement.  This is not a unilateral authority of the agency to lower an agent’s level of overtime pay.  The agent will have made a conscience decision to work at a certain level, thereby choosing what his/her retirement will be.

 

Question:  Will an agent have to make up overtime hours for taking AL or SL?

 

Answer:  No, if it is a full day of AL or SL.  Yes, if it is a partial day of AL or SL.  Like AUO if an agent takes a full day of AL or SL, the agent does not accrue an obligation to make up the hours.  It’s the same as a current excludable day.  If, however, an agent takes a partial day of AL or SL, the agent will have an obligation to make up those hours. Under AUO a partial day of AL or SL is not excludable and if in a computation period an agent wishes to remain at the same percent of AUO, those hours will have to be accounted for.

 

Question:  Will training days be excludable?

 

Answer:  There are no more excludable days.  The level an agent elects under the BPAPRA will be treated as if it is their base rate of pay.  In other words:  If an agent elects Level 1 there scheduled work day will be 10 hours and training will be done during that 10 hour block and so on for the other levels of pay.

 

Question:  Can alternative work schedules be negotiated under the BPAPRA?

 

Answer:  Yes.  In fact, one of the main concerns the agency has voiced with regards to the levels is scheduling agents for different times during the shift.  The easy answer would be to negotiate a 4-day work week and 8-day pay period for those that choose the basic level of pay. For those that choose level 2, we could try to negotiate a 9-day pay period.  Five days one week and 4 days the second or vice versa.

 

From the law firm of Woodley, McGillivary:  The Border Patrol Agent Pay Reform Act does not reference or evince any intent to rescind the provisions of title 5 that provides for compressed work schedules.  5 USC 7106(b)(1) and where employees are represented by a Union, allows an agency to negotiate tours of duty for employees including alternative work schedules.

 

The Border Patrol Agent Pay Reform Act does not change the right of the agency or the Union to negotiate an alternative work schedule.

 

Question:  Do the overtime hours under the BPAPRA go toward retirement?

 

Answer:  Yes, see page 25, lines 1 through 20.

 

Question:  Can an agent use comp time to go home early?

 

Answer:  Yes, the Union and the agency are finalizing an MOU stating that Comp Time will be used in the exact same manner as AL.  In other words it will be a right and not a privilege and subject to scheduling, an agent will have a right to use it just like AL.