Recommendations for our Members Local 2554 FLSA/Exemption Issue


Local 2554 has been fielding a number of calls this morning, all basically asking the same questions (regarding the announced loss of FLSA) and or soliciting the same information, (what’s going to happen now?) NBPC 2554 recommends the following action:

Save your Leave and Earning Statements (LES)s for Pay Periods 7, 8, and 9. We will use Pay Period 7 as the basis for what a “normal” LES should look like, and then compare that LES to the others. Whatever the difference, barring any unusual circumstance (other than the loss of FLSA) will then be attributed to changes “made” by the Agency. Depending on the outcome of the comparison, appropriate action, and/or a course of action will be taken/followed as necessary.

According to a Member Advisory received on 5/2/2015, NBPC negotiated an MOU that will ensure that agents, at their election, will receive two hours of FEPA in Pay Period (9). This will be concurrent to the AUO calculation that agents are currently certified to receive. The loss of FLSA for Pay Period (8) will be approximately $150.00 per Agent but the FEPA and the AUO calculation in Pay Period (9) will be approximately $600.00 more per Agent. The net gain after subtracting the FLSA will be approximately $450.00

Please be advised that NBPC has notified the Agency that it, (NBPC) does not agree with the implementation of an Office of Personnel Management (OPM) determination that all GS – 1896 Border Patrol Agents are exempt from the Fair Labor Standards Act (FLSA) effective with the signing of the Border Patrol Agent Pay Reform Act on December 18, 2014, and that furthermore NBPC has notified the Agency that implementation will be subject to litigation, be it lawsuit, grievance or unfair labor practice and that the union reserves the right to determine the venue.