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.
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.
Protecting Our Borders
Lt. Jim Glennon
In 2008, I taught my first Border Patrol Class for Calibre Press. In the ensuing years, I’ve facilitated approximately 20 more; all along the southern border of the United States.
Six years ago I was oblivious to what our Border Agents actually do. Without much thought I presumed they stood at checkpoints, glanced at IDs, waved to people entering the country and said “thanks for visiting.”
The people I thought they were protecting us from were nothing more than poor, illiterate, hardworking individuals hoping to find work in a farmer’s field or a San Diego McDonalds drive-thru.
Then I went for a ride-along with Border Agent John Ramos, a supervisor in the El Centro sector way out in the California desert, about an hour west of Yuma, Ariz. It was nighttime and there I experienced darkness like I never had before: there were no street signs, no street lights, no paved roadways and no immediate backup. And there were snakes.
Oh yeah, and while it is true that most who illegally cross the border are looking for some type of work, the rest are another matter altogether. Believe me when I tell you that who and what regularly cross our border would strike terror in hearts of the average citizen of this country; including the idiots on the tube, the protestors and the supposed academic intellectuals who smear and disparage the more than 21,000 men and women in green.
You won’t see that truth on the nightly news, in the paper or on the web unless you really go searching. But here is an offer: You go out into the desert, in the 120-degree heat, sometimes alone and deal with what these people have to deal with: monsters.
There are monsters crossing our borders.
There are killers, drug dealers, rapists, child molesters, sex traffickers and, yes, terrorists. In addition, our border agents stumble upon dead children and rescue victims of sexual assault with hopes of protecting them from violence at the hands of drug cartels.
Attached to this article are two videos. The first is an example of idiotic, obscene and beyond-the-pale ignorant bias. It’s so stupid, it is almost funny. The video features a supposed intellectual named Elena comparing the Border Patrol to the KKK. It’s sad that someone can voice such an offensive prejudiced opinion that is so wrong on every level. But, her ignorance is so demonstrably evident that she can’t be taken seriously.
The second, though a few years old now, is being posted because we have forgotten—forgotten 9/11, forgotten that people want us dead just for being us, forgotten that such evil is coming to our country, forgotten that it is already here, forgotten that what he talks about could really happen.
The video is of a supposed “moderate cleric” who hopes, sanctions and supports the transportation of anthrax “through the tunnels” of Mexico. He boasts that 300,000 could be exposed in a matter of hours and he laughs—as does his audience.
I’ve written about Border Patrol. I’ve made friends, I’ve been to their houses and I’ve shared a few beers, I’ve taught them in classes and guess what? They are real people. They have names: Karen, Andy, Mike, David, Sean, Walter, Carlos, Jesus, Juan and Bendis. They live in the heat and the cold and in many cases they are out there alone. I didn’t see one of them wearing a hood. I didn’t see racism in their eyes. They are fathers, mothers, husbands, wives, sons, daughters. And they protect our borders. They protect us. And they have felt loss. Real loss, Elena. While you live in your fantasy world believing that evil people aren’t coming, recite insane ramblings, and sit comfortably sipping your café latte, Border Patrol loses brothers and sisters–32, in fact, since 2001.
Just a few examples:
Border Patrol Agent Brian Terry was shot and killed near Rio Rico, Ariz. in 2010, while attempting to apprehend a group of armed subjects. The suspects had been preying on illegal immigrants with the intent to rob them.
Agent Alexander Snderlieb Kirpnick, 27, shot to death in 1998. Alexander became an American citizen in 1995 and then decided to devote his life to protecting his new country. Somebody murdered him for it.
Agents Susan Lynn Rodriguez and her partner Ricardo Guillermo Salinas, were both just 24 when they were murdered together, fighting to the end. Susan had an infant child and Ricardo left his parents and a sister to mourn his sacrifice.
Agent James Epling, 24. He drowned while pursuing criminals. His wife was pregnant and he had three children who have been without dad since 2003.
Agent Luis Alberto Aguilar, 31. In 2008, he was purposely run over by an illegal alien. His mother, wife and two children were paralyzed with grief at this hero’s funeral. I’ve seen the pictures and present the tribute in all of my Border Patrol classes.
Agent Robert Rosas from the San Diego sector. He was 28 when he was murdered—executed really—by illegal alien smugglers. He left a wife and two children behind. And how about
Border Patrol Agent Javier Vega Jr. who was off-duty earlier this month and fishing with his family when two illegal aliens–who had been arrested multiple times for entering the U.S. illegally—shot him in front of his wife and children. Murdered him in cold blood. Javier was a former Marine. There is no evidence he was anything other than a dedicated defender of this country.
Elena, our community activist in this video, speaking at this supposed “social forum” has a perfect right to make any kind of statements she wants. Why? Because the United States defends free speech. Try that in Canada. No such thing as real free speech. Oh, how about Europe and the Mideast? Can you say anything you want there? Nope.
But here in the U.S., Elena, funded by our tax dollars, sits in a room with others of her ilk and, without fear of government intrusion, feigns cutting-edge bravery and compares these aforementioned heroes–true real life heroes–to hooded racists.
Open your eyes, Elena. Sure the Border Patrol has a job to protect our borders and arrest. And yes, on occasion they have to use force. But how often? Statistically, almost never! Compare the amount of people they arrest with the number of times they are required to use force. The number is well below 1%.
Do they carry weapons? Yep. But do you know what else they carry in their vehicles? Diapers, water, car seats, food and medical supplies. Is it for them? No—it is for the illegals.
Border Patrol agents aren’t Storm Troopers. They are people. They have feelings, they have love in their hearts, they have families, they risk everything while stopping illegal incursions and they save the lives of those they are trying to stop.
They are hit with rocks, shot, beaten and run over. Where’s the outrage?
Contrary to the suggestion our community activist made in the video, I have this one instead. If you happen to be in a restaurant with Border Patrol Agents, do this: buy their meal, shake their hand and thank them sincerely for doing something 99% of this country wouldn’t have the guts to do. I’m a coward compared to these people. They are our protection, they are our brothers and sisters in law enforcement and they are most certainly my friends.
BP Spouses Support Group and the Union (Local 2554) are combining their efforts to help Poki Abarca.
5 dollars Breakfast Burrito
Wednesday, November 5
0730 to 1000
Election Day is finally here.
Your vote tomorrow, November 4th, could be the difference between good pay and benefits for government employees like you, or two more years of furloughs and pay freezes.
This is your chance to turn the country around, and you can’t afford to lose it. It’s time to get out and vote, and we need you to Stand Up!
Find AFGE-endorsed candidates in your area, as well as a polling place locator and more information on local voter ID laws, here at our Stand Up 2014 page.
This election could be decided by just a handful of votes, so MAKE YOURS COUNT. Now let’s stand up and vote!
J. David Cox, Sr.
Text AFGE to 225568 from your personal cell phone (never your government phone) for election updates on your area, and how you can get involved.
Please do not reply to this email. If you would like to unsubscribe from the AFGE list, you can visit your subscription management page.
The following is the understanding of Local 2554 based on the information that was discussed at the second meeting with Sector Management last Thursday, October 16, 2014.
Effective October 4, 2014, any agent that was/is placed on “Light” Duty status due to an injury that was suffered/occurred while in the “Performance of Duty” and resulted in the same agent having to file a/an (OWCP) Office of Workers Compensation Program Claim, (then that agent) is 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.
In this case, the discussion specifically referred to OWCP “Light Duty” agents that are assigned to duties classified as AUO Non-Compensable, and which subsequently restrict the agent from working any AUO.
The agency has not uniformly employed procedures by which “issues such as the ones currently affecting OWCP Light Duty personnel were addressed in order to make the agent whole” but will be assisting agents by providing personnel that is trained to assist the agents in filing the necessary paperwork/documentation needed to recover such wages if the agent is eligible.
The proper documentation in this case consists of a CA-7 (as we know of at this time) and are to be filed on a biweekly basis simultaneous to the filing of the agent’s Time and Attendance Sheet and the 1012. Although Sector Management made it clear that agents in this status would be assisted by agency personnel the logistics of this assistance (and for that matter the correct/designated forms) have not been completely worked out or identified by Sector Management. This fact could be the reason for the delay in an official announcement on the part of the Agency.
Bottom Line is:
Agents on “OWCP Light Duty” should know that he/she would be compensated for loss of wages at some point.
Agents on “OWCP Light Duty” should also know that he/she would be assisted in the preparation and the submittal of documentation in order to recuperate any lost wages as a result of being assigned to an AUO non-compensable assignment/duty.
The complete details of how the assistance will be made available were discussed but not resolved. Local 2554 expressed concern that the personnel assigned/employed by the Agency to perform this task understand and demonstrate sensitivity to the fact that this group of agents have suffered various types of injuries and are vulnerable or may be under a great deal of stress thus it is not necessary to burden the agent with any additional or unnecessary stress.
Any agents that are place on Light Duty Status should also know that when the agent is no longer in Light Duty Status (OWCP) and is released back to full duty; the agent should be placed back at the AUO rate he/she was at when the incident, injury/illness took place.
Please (agents) document this situation (keep records) in the event that future action is needed.
Unfortunately the issue involving agents in an “OWCP Light Duty” status was the only issue that Local 2554 and the Agency agreed upon. All other issues remain unresolved including issues that involve “Agents Injured While off Duty” and also “Pregnant Females” assigned to Non-Compensable Duties as a result of an illness/injury/pregnancy.
Because the issues that involve agents on “Light Duty Status” as a result of an illness/an off duty injury and/or pregnancy are very complex these issues must be analyzed on a case by case basis to determine whether a “disability” discrimination has occur and also because this group of agents will not be eligible to recovery of any loss in pay as a result of assignment to AUO Non-Compensable Duties, it is highly recommended that agent(s) who find themselves in this category seek or obtain additional guidance, representation and or even legal advice from an experienced source with these types of issues, regulations, codes and/or laws, as the case may be if the agent so desires.
If you have questions on about the above, please contact you union representative, VP Gurrola, or President Amaya
The Following statement is signed and endorsed by the National Border Patrol Council Local 2554 President Lombardo Amaya.
Union Members and Bargaining Unit employees,
In regards to the current AUO restrictions that are being imposed and applied, specifically the restrictions that are being applied by Calexico Management, that are discriminatory in nature, and target personnel that are on “light duty status”, please be advised that Local 2554 and Sector Management had engaged in discussions regarding the impact and implementation regarding such proposed changes therefore it is not understood why Agency Representatives, specifically DPAIC Westerling and Watch Commander Martin implemented changes prior to the completion of discussions.
It is the intent of Local 2554 and Sector Management to develop or to establish a proper procedure, one that previously was not implemented, enforced or employed by the Agency and by which all eligible personnel, was fully compensated or made whole for any loss of wages, specifically personnel that qualifies under the category or is otherwise identified as “light duty personnel”.
Additionally, a meeting is scheduled for 10/16/2014 in the afternoon that will clarify, address and resolve the issues so that sector personnel subjected to these conditions will be protected from any further harm of this nature. In the meantime any Bargaining Unit Employee that is subjected to this type of discrimination needs to contact their Union Representative, Vice President Fernando Gurrola or Local President Lombardo Amaya, and document the incident.
In other words…
Who, What, When, Why and How. Provide a narrative description of the event. Who told you to go home? What job function, action and or duty were you performing? When did the event occur? Why did the manager or supervisor tell you to go home? How is this discriminatory (“light duty status, OWCP/Injured off duty”, Pregnant Female) ? If at all possible state the names, titles, and number of agents that were present when the event occurred.
— Lombardo Amaya
AFGE/NBPC Local 2554
El Centro, California