El Centro, California

May 14, 2010

Rumor: Either El Centro Sector or Calexico Station are going to Non-Clean Shifts.

True: We as union spoke with Chief Calhoon and ask him to consider for Calexico and El Centro station check points go back to the non-clean shifts or old hours. We brought several arguments being the most strong the health one (heat) have agents working this check points exposure to the heat hours minimized. We do not have recieved answer on this request from Sector yet.

El Centro, California

May 14, 2010

Rumor: Calexico Station is going to four (4) working shifts

True: Officialy this union have not recieved any notification from Sector.

El Centro, California
May 14, 2010

Overtime and Check Point Possible Settlement

Rumor: There is a lawsuit against the agency on the overtime and check point issue.

True: There is not lawsuit. Local 2554 and 2595 filed a grievance back in 2006. Grievance was denied by the agency and locals invoked arbitration. Arbitration is schedule for June 2010. Agency and union are in possible settlement discussions at this point.

Thursday, March 4, 2010
El Centro, CA

Rumors about Over Time and Check Points Grievance/Arbitration.

1.Rumor: The union (local 2554) filed a lawsuit against the agency for this issue.

True: There is not a lawsuit

2.Rumor: Yuma union (local 2595) had received money from this lawsuit.

True: Yuma did not have received any money. Yuma union filed together with us the grievance.

For clarification purposes a little background on this Arbitration case that is schedule for June 2010.

Back in 2006 Yuma local 2595 and El Centro local 2554 file a Union Initiated Grievance in regards Overtime and Check Points. Agents in both Sectors were working check points and deprived of the proper compensation payment, in this case overtime pay.
As was usual with OBP in D.C. and under Bush administration they denied the remedies.
We invoked arbitration since.
Arbitration was at first to take place this February; but last year around October agency send a letter to the arbitrator in charge of this case and manifested in that letter its intention to settle this matter.

In January, 2010 both NBPC local submitted a settlement proposal to the agency.
Representatives for the agency requested before the arbitrator an extension to look and analyze the offer.  Extension was granted until June of this year. If there is not a settlement reach this arbitration will take place as schedule and the arbitrator will decide on the issue.

Both locals are waiting for a counter offer from agency as per today.

If you have more questions related to this matter, contact us or one the committee members (Overtime and Check Points Settlement Committee) look for members' names in this same web site.

There are several questions regarding the NEW RIVER ISSUE.

The best way to provide you with information and knowledge on this matter and in order to clarify questions and lead you to make intelligent decisions while dealing with the NEW RIVER; is to give you a copy of the SETTLEMENT.

In the SETTLEMENT you will find what SAFETY EQUIPMENT must be provide by THE AGENCY in order for you to work around the NEW RIVER and until what point can you risk YOUR and YOURS FAMILY HEALTH.

You will be able to report to your Union the lack of equipment at the stations; we will be able to file through the best avenue any violations by the agency of the SETTLEMENT STIPULATIONS that risk your and yours families' HEALTH & SAFETY.

IF YOU WERE A PLANTIFF in the NEW RIVER LAWSUIT you are entitled to a copy.

IF YOU ARE A BARGAINIG UNIT EMPLOYEE you could have a copy.

Contact us and request your copy.

More in the Uniforms Issue:

Here is the latest reply from NBPC to Agency on the Uniforms Issue (click here)

It is no true that Local 2554 withdraw the request for Arbitration on the Hazard Duty Pay Grievance. For now our Local remains firmly on this issue and we will take it to arbitration.

It is true that a memorandum from BP HQ was issue on December 18, 2006 from Chief Aguilar Outlining policy and procedures for situations under BP agents may perform work that meets the criteria to receive HAZPAY as specified in 5 CFR 550 Subpart I, Appendix A.

It is not true that this memorandum authorize our sector management to stop paying HAZPAY to BP agents that perform work that qualify them (meet the criteria) for this pay.

It is true that Sector in the past failed to pay BP agents HAZPAY under 5 CFR 550 Subpart I, Appendix A.

It is true that we are going forward for arbitration and get HAZPAY back-pay for Agents that were not paid by sector according to regulations and law.

If you are a BP Agent Union Member or a Bargaining Unit Employee affected by this grievance and needs a copy of the Memo from Chief Aguilar issue on December 18, 2006; or copies of the Administrative manual that address this issue contact us.

If you want to read 5 CFR 550 Subpart I, Appendix A. Click on the links:

INSERTS FROM 5 CFR 550 SUBPART I

APPENDIX A