Tuesday, October 18, 2011 Local 2554 Nominations Meeting.

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Arbitration/Grievance: Check Point and Overtime for El Centro and Yuma Sector.

El Centro, California.

June 24, 2010

Here you can read the original grievance and other documents related and important to this arbitration.

Grievance

Request for Arbitration

Stipulation: Agency Admits Liability

Union Initiated Grievance: Bargaining Unit Agents Specifically Interns at the Indio Border Patrol Station.

El Centro, California

June, 24, 2010

Our local filed this grievance at the beginning of March 2010.

 As per agreement with Sector LER the union extended the answer from Sector in a couple occasions.

Last week we did another agreement to extend the deadline for the answer for 30 calendars starting on Friday, June 18, 2010.
We are waiting on the answer from Sector to proceed accordingly.

Here is a copy of the grievance if you want to read it.

Agency Admits Liability in the Check Point and Over Time Arbitration

June 15, 2010 El Centro, California

Just a couple of days before the arbitration hearing schedule for June 14-15 in Yuma, Arizona in regards the Check Point and Over Time Grievance; the agency signed and stipulation before the Judge Arbitrator and admited liability.

Read the stipulation here

El Centro, California

June 8, 2010

To all membership:

We got other arbitration decision in favor of the union. (read the attached file)
This time local 2554 invoked arbitration because we firmly believed that the discipline imposed to this agent was unfair.

Discipline should be apply equally and in a fairly manner to the bargaining unit employees.

As the arbitrator pointed in his decision BP agent Harrington showed carelessness while handling the illegal aliens in custody but the discipline imposed by Sector Chief (2 days suspension) was ARBITRARY AND CAPRICIOUS (page 22 last paragraph)

Discipline was reduced from 2 days suspension to a written reprimand and the service was order reimburse the grievant for lost wages and benefits as a result of the improper two days suspension.

Read decision here

May 11, 2010

El Centro, California

RE: Update in the possible settlement agreement for the overtime and check point’s grievance.

The overtime and check point settlement committee get-together this past April 29, 2010 in El Centro, California at the offices of  Local 2554 to analyze, review and sortie the data provided by the agency containing  schedules, reports, etc about check points within El Centro and Yuma Sectors.

This information was requested by the Union under the authority of 5 USC 7114(b), the data given by the agency are numerous but still incomplete. After reviewing these data in a suitable way, we do arrive at the conclusion that the agency owns to the workers an extra $5 and half million dollars from the original settlement offer.

Two actions were taking by the Union after this meeting:

1. We send to the agency; under 5 USC 7114(b) a request for more information. Information that pertains to El Centro Station that is missing and needed by the committee to continue working in a fair settlement amount.

2. We send to the agency a letter reaffirming  the original settlement offer even though the data provided by them make the union in these sectors entitled to 5 ½ extra million over the original amount of money requested in the prior offer.

Any question that you may have in regards this matter, contact us or any person of the overtime and check point settlement committee.

Committee members:

IDO and RIV:  Ray Friend, Andy Lepe, Bryan Forkey, Arturo Alcaraz.

ELS:    Daniel Navarro, Eduardo Vásquez, Juan Serna.

CAX:  Armando Carrillo, Salvador Gordillo, Fernando Gurrola, J. Lay.

April 21, 2010

Garitty Statement in Memorandums: Arbitration Won

Read decision here

From now on agents should exercise their rights to include the Garrity Preamble/statement in their memorandums and do not give away their constitutional rights.

The local union congratulate Mr. Hernandez for the courage he showed to take the risk to be removed from the service for refusing to give away his constitutional rights.
The local union knowing the implications and dimensions of such case was willing to go all the way up to this decision, putting all resources to make Agent Hernandez whole and the rest of Border Patrol Agents Nation Wide. This decision also will stop the abuse committed by management in the name of the mission of the Border Patrol.

Here is the Garrity Preamble or Statement to include when ordered to write a report o memorandum:

On (date) at (time) at (place). I was ordered to make this statement or write this memorandum by (name/rank of individual).
I submit this statement at (his/her) order as a condition of employment. In view of possible discipline for insubordination. I have no alternative but to abide by this order.

It is my belief and understanding that the agency requires this statement solely and exclusively for internal purposes and will not release it to any other agency. It is also my understanding that this statement since compelled, will not and cannot be use against me in any criminal proceeding. I authorize the release of this statement to my attorneys or designated union representative.

I may amend or correct any portion of this statement upon reflection to correct any unintended mistake without subjecting myself to a charge of untruthfulness.

For any and all purposes, I hereby reserve my constitutional right to remain silent under the fifth and fourteenth amendments of the United States Constitution and any other rights prescribed by law.

I specifically rely on the protection afforded to me under the doctrines set forth in Garrity v. New Jersey, 385 U.S 493 (1967) and in Spevack v. Klein, 385 U.S. 511 (1967) in submitting this statement/memorandum.

(Start text of statement here)

If you have any questions in regards this case or the Garrity preamble/statement; do not hesitate to contact your union.

December 6, 2009

Settlement Committee Meeting

The first meeting was conducted this past December 1, 2009. Union attorneys and members of the committee went over the first steps to go into settlement clauses and back pay.
Every committee member present was tasked with specific pieces of information. They will be getting a hold of the other stations committee members and turn in to the attorneys what was requested.
A deadline was set for January 8, 2010 for this part of the settlements talks.

Here is also a quick update on the list of Committee Members.
RIV - Arturo Alcaraz (Art is team up with IDO members)
IDO – Ray Friend, Brian Forkey, Andy Lepe.
ELS – Daniel Navarro, Eduardo Vásquez, Juan Serna
CAX – Fernando Gurrola, Raúl Anaya, Salvador Gordillo, J. Lay

We are expecting each station committee members have a meeting soon to start going on track and have the information for the deadline set.

Any questions, please contact us.

November 28, 2009

News on Overtime & Check Point Settlement Committee.

The committee is schedule to have their first meeting this Tuesday, December 1, 2009. The Location will be our Local 2554 Conference Room located at 1236 State Street in El Centro CA, 92243.

This will be the first meeting of the Committee and the union attorneys. We are hoping to set the work basis for this settlement out of this meeting.

We hope to have the majority of the committee members and we are working to have all of them in union official time attending.

If you have any questions, do not hesitate to contact us.

November 28, 2009

Update on Locality Pay.

This past Monday, November 23, 2009 Local President Lombardo Amaya delivered a letter to Sector Chief requesting help on the locality pay issue. The union is requesting from Chief Calhoon some information necessary to forward the complete petition to OPM committee.

The Chief and Deputy welcome the letter and said that they will have an answer for us in short time. They stated that they will do as much is possible to provide information that is already in their hands and they are looking to work with us in this project.

We will keep you posted.

November 19, 2009

OVERTIME AND CHECK POINT GRIEVANCE/ARBITRATION GOING FOR SETTLEMENT IN THIS SECTOR.

Local 2554 filed a union initiated grievance long time ago on the above issue, grievance was denied arbitration was invoked. Agency dragged on scheduling arbitration hearing then Tucson Sector Union reached a Settlement Agreement over the same violations of rules and regulations.

Union attorneys informed us last membership meeting that agency manifested to the arbitrator in charge of this case their intentions to SETTLE the case with the union in this Sector.

As part of the procedure and to be fair in order to properly represent the union members from this Sector; attorneys requested an OVERTIME AND CHECK POINT SETTLEMENT COMMITTEE. The committee is composed of 3 senior agents from each station within Sector.

These are the Committee Members:

IDO Station: Friend, Forkey, Lepe.

ELSStation: Navarro, Vasquez, Serna

CAX Station: Gordillo, Lay, Gurrola, Mandel

RIV Station: Alcaraz

Union Attorneys have the intention to meet with the committee members next week to start working.

They will be looking into the clauses of the settlement as well the back pay issue and distribution.

If you have question about this issue please contact any member of the committee. Go over our contact list section in this web site to get a hold of us.

We will keep you update.

November 19, 2009

LOCALITY PAY UPDATE

We are ready to turn in into Sector Chief a letter requesting help and information that is necessary in order to forward the petition for Locality Pay increase to the OPM proper Committee.

Our local is planning to deliver the petition by the end of December 2009 or January 2010.

Here is the list of the committee members:

BP Mandel (CAX) Chair of the Committee

BP Williams (CAX)

BP Gurrolla (CAX)

BP Eduardo Vásquez (ELS)

BP Navarro (ELS)

BP Amaya (CAX)

The committee already prepared the letter that will be delivering to Chief Calhoon next week on Monday, November 23. 2009.

Next week the committee will hold a meeting to go over the other requirements and documents necessary for the petition.

If you have questions in regards this project please do not hesitate to contact the Chair of the committee Barbara Mandel or Local 2554 President Lombardo Amaya or call 1-888-620-2554 Ext. 805 for agent Mandel or Ext. 80 for Agent Amaya

Transfering to a different Sector/Local

If you transferred to a different sector, please contact the Treasurer at your new NBPC local and provide your name, social security number,  the local number and location where you were assigned prior to transferring. The Treasurer will submit the applicable forms to make your transfer official and have your dues changed to correspond with your new local.

November 19, 2009

Transfers under the lastest VRP

It has come to the union attention that some agents who were selected during the last VRP declined the offer. Our local treasurer is in possetion of the list of all agents that took a transfer under the last VRP.

If you want to know if your name was on the list or who was transfered to the station you requested contact your Local 2554 Treasurer Eddie Vasquez at evasquez@nbpc2554.org or at 1-888-620-2554 Ext. 806 your local Treasurer is the union official designated to address the transfers within this Sector.

November 13, 2009

Local 2554 Welcomes 2 New Union Stewars.

Today in Yuma, AZ NBPC conducted an entry level Union Steward Training. Our local sent Agent Barbara Mandel and Maintenance Person Javier Caro. They are in our Local 2554 contact list.

If you have union related questions or you think you have a grievance please do not hesitate to contact your new Union Stewards. Click on their names to email them or dial 1-888-620-2554 Ext. 805 for Agent Mandel or Ext. 811 for Javier Caro.

Arbitrator Award on Unlawful Termination Case OWCP Related (CAX Agent, Local 2554) (read here)

September 10, 2008

After negotiations with Chief Calhoon and agreement was reach about the new shift bids program for El Centro Sector. (August 26, 2008)

Read Memorandum

Agency Proposes New AUO Policy and Procedures (August 13, 2008)

(Read here from NBPC website)

If you do not have an account with NBPC and want to read the document E-mail us

Tucson Check Point Grievance Settlement will help our Sector Grievance.

Checkpoint Overtime Case Settled
03-25-08 The longstanding checkpoint overtime case has been tentatively settled. The Local 2544 President and the Local 2544 Attorney have signed off on the settlement, and we are awaiting a signature from the Agency. We will be posting claim forms here in the near future. Any Local 2544 bargaining unit member who was improperly paid for overtime work at Tucson Sector checkpoints between October 16, 2000 and the present time is eligible to make a claim. The procedures for making the claim and the internal security measures we will implement to ensure that claims are justified will be posted here soon as well. We expect the settlement to be finalized by the end of next week. The Agency has already agreed to the terms of settlement, and the Agency signature is merely a formality at this point. All agents will have a fixed period of time to make a claim, and when the claim period expires we will no longer accept claims. Local 2544 will start making payouts after all the claims are received and reviewed. No agent will receive more than $15,000 under the terms of the settlement.