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.

Protecting Our Borders

Protecting Our Borders

Election Day is finally here.

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!
In solidarity,
J. David Cox, Sr.
President, AFGE

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.

Follow Up on AUO Restrictions on Protective Class Employees Light Duty/OWCP Personnel

 

 

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

AUO Restrictions on Protective Class Employees

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
President
AFGE/NBPC Local 2554
El Centro, California
lamaya@nbpc2554.org
www.nbpc2554.org