April 30, 2015
Important Message From WESTERN REGION Vice President Terry Shigg concerning FLSA
Local 1613 Members,
In order to give you an update on the FLSA issue, I will give you all of the information I have on the topic. NBPC was notified today that the agency was no longer going to pay FLSA to agents and that they would seek to regain over payments they feel have gone to agents. This is due to the fact that OPM has told the agency that they believe that agents should not have been paid FLSA once the pay reform act was passed. This means the agency CAN ask for the over payment back. The law also states that the agency CAN waive this request. The union will aggressively seek these waivers!
The Agency has also determined based on the opinion of legal staff and the language from the multiple investigations concerning AUO that paying excludable days is illegal. The union currently has a grievance on this issue and disagrees with this position.
The union is preparing to file a lawsuit to expedite the implementation of the Border Patrol Agent Pay Reform Act. This would mitigate some of these issues.
I know you have a lot of questions. I do too. Please forward them to any Executive Board member and we will get you the answers. One thing I ask you to remember is the fact that the agency has made these decisions without the consultation of the union. The union will fight these decisions! It has become evident to me that this agency does not care about the harm it is doing to agents and their families. Our command staff (Chief Fisher in particular,) seems to be more concerned with their careers than our well-being.
The Overtime Memorandum of Understanding is in effect and OT will be paid out in accordance with that plan. The union will ensure the Job Swap, Health Improvement Plan, and bid for shift programs are initiated as promised by the agency.
Feel free to disseminate this information. Check the national and local website for updates as they occur.
Thank you and stay safe,
Terence L. Shigg
National Border Patrol Council