Locality Pay Letters of Support

As part of local 2554 efforts to secure an increase in our locality pay SGT at Arms Mike Matzke work on a petition package that he was able to present to the Federal Salary Council in person. At the same time President Amaya, IDO VP Friend, ELS VP Yglesias were able to meet to Congressman Vargas and Congressman Cook to secure letters of support. The letter of support were sent to the Federal Salary Council as well as each member of the President’s Pay Agent.

The combine efforts of local 2554 and the Executive Board hopefully will lead to an increase of locality pay not only for Border Patrol Agents but for all federal employees in the Imperial Valley.

Local 2554 would like to extend our gratitude to Christopher J. Harris
Director of Legislative & Political Affairs San Diego Local 1613. Director Harris in respond to Presidents Amaya request was able to facilitate the meetings with Congressman Cook and Congressman Vargas.

Congresman Cook, President Amaya, VP Friend, VP Ygleisas and Director Harris

Congresman Cook, President Amaya, VP Friend, VP Ygleisas and Director Harris. June 2016

Congressman Vargas, President Amaya, Secretary Porfirio Abaraca.

Congressman Vargas, President Amaya, Secretary Porfirio Abaraca. Long Standing Relationship with Congressman Vargas. August,  2013

Here are the letters of support from Congressman Juan Vargas 51st  District, and Congressman Paul Cook 8th District

THANK YOU CONGRESSMEN FOR SUPPORTING YOUR CONSTITUENTS AND YOUR BORDER PATROL AGENTS.

LETTERS OF SUPPORT:

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Local Union Newsletter November 2016

Union Newsletter

November 2016

Union Election Date Changed
To November 29, 2016

In order to ensure that all union members have a chance to receive an absentee ballot and vote in the upcoming election, the Election Committee has moved the date of the election to November 29, 2016. To vote in the union election, you can either go to the Union Office located at 1415 State St. El Centro between the hours of 8am to 6pm on November 29th,or request a ballot be mailed to you at election@nbpc2554.org , please include the last four of your social and your current address. If you have already turned in a ballot it will be counted on November 29th. Election committee members are Johnathan Dickey (760) 879-6957, Jacob Henderson (585) 356-7983, and Jaime Pacheco (760) 554-1756.

The Agents running for E-Board are as follows.

For President:

Mike Matzke
Lombardo Amaya

for Calexico Vice President:

Guadalupe Valenzuela
Fernando Gurrola

Treasurer:

Albert Luztber
David Yglesias

Sergeant at Arms:

Joshua Coletta
Nick Sloan
Genaro Larios

Secretary:
No nomination

The Offices of, Vice President EL Centro Station Anthony Maielli, and Vice President Indio Station Ray Friend, each received only one nomination and therefore the nominees were elected by acclamation.

Calexico Station Raises Money for Fallen Officers

 Police Officer Lesley Zerebny and Police Officer Gil Vega of Palm Springs Police Department were shot and killed while responding to a domestic disturbance call on October 9th 2016. BPA Henderson organized a raffle, and SBPA Nunez, SBPA Solorio, helped BPA Henderson with a cook out. Between the two events over $1,400.00 was raised for the fallen officers. On November 14th they will deliver the funds to Palm Springs Police Department.

Fallen Agent Fund to Put up Trees at Stations

 Agents involved in the Fallen Agents Fund will be putting up Christmas Trees November 18th. Last year agents collected 192 presents for 42 children. This year we have over 80 children on our list. We will be putting up the Christmas trees November 18th and collecting the presents December 9th. This year the Brush Dawgs, peer support and Border Patrol Chaplains will be helping us to deliver the presents across the southern border. We also have families in Colorado, Florida, Massachusetts, Michigan, and New Orleans. This provides the challenge of the cost of shipping large packages, and guaranteeing the delivery before the holiday. If agents want to help with the logistical costs they can go to fallenagentsfund.org and donate. We would like to thank all the agents that donated funds and Christmas presents last year, and we look forward to reminding the families of our fallen agents that they are not forgotten and they have a larger greener family now.

Packet for Location Pay Submitted

Local 2554 submitted a proposal for location pay to the Federal Salary Council on October 12, 2016.   The packet was received and included in the meeting agenda on October 28th. On October 28th BPA Matzke attended the Federal Salary Board Meeting in Washington D.C. Matzke thanked the board for their support, updated the board with the latest attrition rate numbers, and offered to answer any questions the Federal Salary Council may have. The Federal Salary Council recommended that Imperial County receive LA or Riverside Location Pay which is 27.65% compared to Rest of U.S. Pay (RUS) which is 14.35%. The next step in the process is the Presidents Pay Agent will decide to accept or reject the Federal Salary Councils recommendations. The public is not allowed at the Presidents Pay Agent meeting, so Local 2554 has taken the location pay issue as far as it can be taken this year. If the Presidents Pay Agent accepts the proposal Federal agents in Imperial County could see a raise in pay as early as 2018. If the Presidents Pay Agent denies the proposal BPA Matzke will submit a proposal every year until the Presidents Pay Agent breaks.

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BPA Matzke at the Federal Salary Board in Washington D.C.

NOPA Letter from OPM by way of OPR/OIA

Agents are at risk from the next questionable practice coming from OPM and OPR/OIA:

Notice of Proposed Action (NOPA) letters and the severe effect that such proposed action may have on an Agent’s career.

The letter usually starts with:

Dear John Smith

The Office of Internal Affairs, Personnel Security Division, recently completed an investigation

Into your background to determine your suitability for continued employment with U.S. Customs and Border Protection (CBP). During the investigation, derogatory information was disclosed/developed that raised serious concern as to your suitability for employment with CBP.

This section is basically informing the recipient that there is intended action being proposed regarding that individual Agent’s career. In this case, “The Office of Internal Affairs, Personnel Security Division” is recommending that the individual Agent is not suitable for continued employment. If the Agent does not provide adequate explanation for why the Agent should continue to be employed by DHS, CBP, USBP, then it is completely conceivable that the Agent in receipt of one of these types of letters, could find him/her self out of a career without the recourse of due process. That is the most freighting prospect of these types of letters!

Local 2554, first began seeing letters of this type of letter, (Notice of Proposed Action letters), about 4 or 5 years ago. With the assistance of Union Representatives, Jose Arroyo and David Hannan, Local 2554 assisted members in receipt of such letters. Because NBPC and our Local (2554) have always believed in educating our members and invest in the training of our reps, we were prepared for these letters when they eventually surfaced in the El Centro Sector.

Once the Union Representative was assigned the tone and the urgency of the letters received by the Agent, seemed to change.

1.)         The Agent designated the Union Rep. via Form G-956.

2.)         The Rep contacted the investigator named in the letter and requested the documentation

used to arrive at the conclusion that the Agent’s career should not continue.

3.)         Once that information was completely provided, the representative could then review such information and clarify what if any information pertained was subject to consideration and or was not applicable for whatever reason.

4.)         The correct, complete and or “current” status was provided to the investigator so that the information would then become subject to consideration.

5.)         A letter was then generated by “The Office of Internal Affairs, Personnel Security Division” informing the Agent of the final disposition of his/her case.

I recall that in our sector, there were at least 12 members affected by these types of letters. All 12 cases were resolved to the benefit of our Union members.

The outcome was that all members represented in such an event, eventually received a letter that read as follows:

You were previously notified by letter or telephone of the specific conduct that raised this concern. However, mitigating information was received that lessened the severity of the conduct and/or demonstrated you have taken action to address and/or resolve this concern. You are advised that all CBP employees are expected to maintain the highest standards of integrity and professionalism.

Failure to uphold the CBP Standards of Conduct may result in referral to the Office of Human Resources Management, Labor and Employee Relations, for action (including removal), as deemed appropriate.

We have determined that you are suitable for CBP employment. This determination is contingent upon your acknowledgment and return of the enclosed Acknowledgment of Advisement Letter. Please review, sign, and return the enclosed in accordance with the instructions provided.

If you receive a letter with a Notice of Proposed Action from The Office of Internal Affairs, Personnel Security Division, or whatever the next name change results in, run don’t walk to see your local Union Representative and ask that they assist you with this matter.

By Fernando Gurrola

 

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

 An Agent has 30 days from the incident to file a grievance,

45 days from an incident to file an EEO complaint.

Never talk to OIG or IA/OPR without a lawyer or a Union Rep present.

Always put the Garrity language in your use of force memorandums.

If you have any questions, comments or suggestions for the Monthly Newsletter please contact Mike Matzke at the following email: mmatzke@nbpc2554.org

 

AFGE/NBPC/LOCAL 2554 E-BOARD MEMBERS

PRESIDENT
LOMBARDO AMAYA
Email: lamaya@nbpc2554.org

Calexico Station Vice-President
FERNANDO GURROLA
Email: fgurrola@nbpc2554.org

El Centro Station Vice President
DAVID YGLESIAS
Email: dyglesias@nbpc2554.org

Indio and Riverside Vice-President
Ray Friend
Email to: cfriend@nbpc2554.org

Treasurer
TONY PLATTEL
EMAIL TO: tplattel@nbpc2554.org

Secretary
GUADALUPE VALENZUELA
EMAIL TO: gvalenzuela@nbpc2554.org

SGT AT ARMS
MIKE MATZKE
EMAIL TO: mmatzke@nbpc2554.org

 

Take Action Union Member FLSA Lawsuit

Members do not neglect and quickly print and fill these forms as per today August 9, 2016 you can still became part of this lawsuit.

MEMBERS CAN STILL BECAME PLAINTIFFS, FILE THE FORMS AND MAIL THOSE ASAP or BETTER FAX THOSE AT 202-452-1090

Attention!!!!!!!!! as per today AUGUST 9, 2016: if you are a union members and still have not file the lawsuit docs, you can still do it and send the documents to the address on the form.

WOODLEY & MCGILLIVARY
1101 Vermont Ave. , N.W.
Suite 1000
Washington, D.C. 20005
Fax 202-452-1090

K-9’s union members are highly urged to do it if you have not.

Contact us via email if you have questions on this regards.

Forms are at the bottom for you to print and file.

Reminder

Deadline to submit paperwork for FLSA Lawsuit IT HAS BEING EXTENDED UNTIL FUTURE NOTICE.

*** Questions such as whether your letter was received can be sent directly to the law firm at the following email address: info@wmlaborlaw.com

Also if you need to change your mailing address please email the local union office assistant , Rebecca Haro, at the following email address: rharo@nbpc2554.org

Respectfully,

Consent form FLSA

Posted in Pay

UPDATE FLSA LAWSUIT

Members do not neglect and quickly print and fill these forms as per today August 9, 2016 you can still became part of this lawsuit.

MEMBERS CAN STILL BECAME PLAINTIFFS, FILE THE FORMS AND MAIL THOSE ASAP or BETTER FAX THOSE AT 202-452-1090

 

Attention!!!!!!!!! as per today AUGUST 9, 2016: if you are a union members and still have not file the lawsuit docs, you can still do it and send the documents to the address on the form.

WOODLEY & MCGILLIVARY
1101 Vermont Ave. , N.W.
Suite 1000
Washington, D.C. 20005

K-9’s union members are highly urged to do it if you have not.

Contact us via email if you have questions on this regards.

Forms are at the bottom for you to print and file.

 

Reminder

Deadline to submit paperwork for FLSA Lawsuit IT HAS BEING EXTENDED UNTIL FUTURE NOTICE.

*** Questions such as whether your letter was received can be sent directly to the law firm at the following email address: info@wmlaborlaw.com

Also if you need to change your mailing address please email the local union office assistant , Rebecca Haro, at the following email address: rharo@nbpc2554.org

Respectfully,

Consent to suit FLSA form

Posted in Pay

Reminder About Lawsuit and Sign-Up Forms

Reminder About Lawsuit and Sign-Up Forms

  • Print

IMPORTANT: NBPC members must complete, sign, and mail the below consent-retainer form to Woodley & McGillivary at the address below in order to participate with the lawsuit to recover pay for uncompensated work:

WOODLEY & MCGILLIVARY
1101 Vermont Ave., N.W.
Suite 1000
Washington, D.C. 20005

If you have been a canine handler throughout the period for which we are claiming damages, you do not have to join Abad as this case will cover all of your claims.

BPA and K9 Consent-Retainer Form

Letter from NBPC President Judd (this letter was included with the notice that was mailed to every NBPC member.) 

NOTE – if you did not receive the letter from the NBPC with the forms, your mailing address probably needs to be updated. To update your mailing address, visit the AFGE website, login as a member, and update your contact information.

Statement on BPAPRA Implementation

Statement on BPAPRA Implementation

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On January 29, 2016, Border Patrol agents began receiving the first paychecks under the recently enacted BPAPRA of 2015.

 

Many members expressed surprise that this paycheck reflected a decrease in their net payFortunately, most members were aware and prepared, as the Union had been talking with members about this for years — ever since the Office of Special Counsel reports demonstrated abuses in claiming AUO throughout the agency. 

 

Once the OSC reports substantiated the claims made by fellow agents, some of whom bragged about abuses on social media, there was little support for maintaining the old system. In fact, many in DHS and CBP lobbied for a system that would have netted every agent a loss of nearly 30 percent of their annual pay. The Union believed that this was extremely excessive and would penalize the vast majority of agents who only worked the hours they claimed and claimed the hours they worked. 

 

Your union representatives worked to develop a fair plan and to generate support for a pay system that would give agents a consistent income. We worked hard for a system that would not be subject to the whims of D.C. administrators and that would not fluctuate 20 to 30 percent each year based on sector traffic. We felt that the plan being pushed by DHS and CBP would have created too many financial hardships for families trying to budget for mortgages, car payments, childcare and other expenses.  

 

Although not perfect, BPAPRA successfully headed off the draconian cuts being promoted by DHS, OPM and CBP, which, by the way, would have cost agents more money and had lots of support from a very fiscally conservative Congress

 

Along the way to its implementation, we fought every effort to harm our agents and we won.

 

When CBP de-certified all Border Patrol agents from AUO in March of 2015, and wanted to implement a targeted enforcement-based overtime payment system like OFO has, we fought back and we won the implementation of the temporary Overtime Transition Plan (OTP) for ALL agents nationwide, which actually paid agents more than AUO paid them.

 

When OPM issued a one-page letter supporting the position that agents are FLSA exempt until BPAPRA was implemented, we fought back and we won.  Legislators passed a technical amendment to the law in near record time to ensure Border Patrol agents would not lose FLSA during the transition.

 

When OPM and DHS claimed that all payments of FLSA since December 2014 were subject to repayment by the agent, we fought back and we won.

 

When OPM and DHS promoted a pay plan that would have cost agents approximately 30 percent of their salary, we fought to secure a modern salary plan that protected the interests of our agents.  It is not perfect, however. Agents will still see a reduction of pay in the area of 6-7 percent. 

We understand that no one wants to see their pay cut. At the beginning of this long fight, only bad options were presented to us. We believed we had to do better. The plan we presented was a fair and fiscally responsible compensation program, one that mitigated many of the cuts Border Patrol agents are now facing.  Unfortunately, not all of the points included in that initial proposal made it into the final law.  That is the nature of negotiations and legislation.  We met with hundreds of representatives, staff members, lawyers and lobbyists. National Union Officers of the NBPC spent countless days away from their families, fighting for you by meeting with anyone and everyone who could help. Our lobbying team continues to work to get the best deal possible for agentsUnion representatives are currently working on technical amendments to the law to ensure the legislative intent of Congress is codified in the law.

 

Some will claim there was a better deal to be had. These people are either misinformed orintentionally being dishonest. We can say with absolute certainty that there was no such deal. 

 

Some will claim that they were not fully informed. Fortunately, the union had countless meetingswith members throughout the country and we posted regular legislative updates on our website and on social media, while also discussing the issue continuously on the weekly podcast. We have created multiple venues to keep our members abreast of developments. Most of you have used these opportunities to stay informed, to help lobby elected officials, and to provide valuable input.  The NBPC has and will continue to keep its members informed on any changes to the BPAPRA.

National NBPC President Visit to El Centro Sector

NBPC National President is scheduled to visit for the Local 2554 Monthly Meeting on Tuesday, May 19, 2015. At 5:00 pm.

He will address 2 PM muster on Monday, May, 18, 2015 at El Centro Station.

On Tuesday May 19, 2015 NBPC President and Local 2554 will meet with Sector management to go over FEPA/FLSA issue implementation and procedures.

He will address 6:00am muster at IDO station.

He will address 2 PM muster on Tuesday May 19, 2015 at Calexico Station.

 

Try to attend these 3 musters or our union meeting.

If you can’t, send us email with your questions.