Del Rio Sector canine kenneling grievance sustained

Today, NBPC Local 2366 received word that the arbitrator handling the grievance over the mandatory kenneling of dogs in Del Rio Sector had sustained the grievance.

The grievance stemmed from Del Rio Sector’s (DRT) practice of arbitrarily kenneling dogs before the handlers got close to the statutory cap, contrary to OBP’s canine policy. During the course of multiple years, DRT began kenneling at the start of the fiscal year, even though handlers had earned zero dollars of overtime.

The arbitration hearing took place in December 2013 and written briefs were submitted in February 2014. The arbitrator ultimately decided that the agency had violated the canine policy when it began kenneling dogs at the start of the fiscal year.

The arbitrator found that the agency violated Section 6.1 of the canine policy and that the same section prohibits the general or en masse kenneling of canines. The agency was directed to:

  1. The Agency is to follow the Border Patrol Canine Unit Policy and Procedures without deviation;
  2. The Agency is to immediately cease and desist from ordering the general or en masse kenneling of all canines;
  3. The Agency is to follow the Canine's Policy and Procedures, namely Articles 1.1 and 2.2 before deviating from the Canine Policy;
  4. The Agency is to immediately engage in an individualized analysis of a handler's overtime before the mandatory kenneling of that Handler's canine;
  5. The "is-close" language of Article 6.1 of the Border Patrol Canine Unit Policy and Procedures precludes the Agency from imposing a mandatory kenneling to manage a Canine Handler's overtime until the Handler has earned ninety percent of the applicable overtime pay limit established by the Agency. The Agency has the freedom to establish an overtime pay limit. However, the limit cannot exceed the statutory overtime pay limit;
  6. This Arbitrator is to retain jurisdiction for thirty days to ensure compliance with the five preceding remedies and to answer questions from the Parties.

NBPC Local 2366 is very happy with the arbitrator’s decision and sincerely thanks NBPC Attorney Jim Calle for all of his hard work.

We’ll post more information as soon as things get sorted.

Rights of your friends and family when approached by agency investigators

OBLIGATIONS OF NON-AGENCY EMPLOYEE WITNESSES TO PARTICIPATE IN AGENCY INVESTIGATIONS (PDF version here)

This NBPC Legal Division Advisory is intended to clarify misunderstandings concerning the obligations of non-Agency employee witnesses (spouses, friends, family and associates not employed by the Agency) to participate in interviews sought by Agency investigators. It has been reported that all too often Agency investigators contact the non-Agency employee witnesses seeking information in connection with a criminal and/or administrative investigation. In these instances, many Agency investigators have failed to inform non-Agency employee witnesses that their participation in providing a statement to Agency investigators is completely voluntary. It has also been reported that Agency investigators do not identify themselves as internal affairs investigators conducting a criminal and/or administrative investigation into the alleged misconduct of the Agency employee friend or relative. These tactics by Agency investigators have caused non-Agency employee witnesses to be misled, bullied and coerced into providing statements.

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Don't mess with Texas Trash-Off

The Don't mess with Texas Trash-Off serves as Texas’ signature event for the Great American Cleanup, the nation's largest community improvement program.

NBPC Local 2366 will be participating on its adopted two-mile stretch of Highway 277, just south of Del Rio, Texas, on April 11, 2015 from 8:30 am to noon.

Join NBPC Local 2366 and help us make a difference. All union members and their families are invited. We will provide safety equipment and gear. Lunch will be provided after the event.

We will meet about 100 yards south of the Ruben Chavira Elementary School on Highway 277 (see the map below).

Click "read more" below for a map...

Overtime Transition Plan canceled

OBP HQ has notified NBPC that the overtime transition plan (OTP) that was scheduled to begin, in whole or in part, on April 5, 2015, has been canceled. AUO will remain the compensation method for agents who are currently earning AUO.

For those employees who are currently earning FEPA (management, those de-certified from AUO, etc), an alternative work schedule will still be available and the overtime options that were already selected by agents will still be enacted.

Sectors are also being encouraged to transition away from clean shifts.

This is brand new information and we're expecting that OBP will provide more information soon. It is unknown if OBP will try to implement some form of the OTP again, so as soon as we hear something, we'll send it out.

US Border Patrol lethal use of force statistics

The National Border Patrol Council took a close look at the facts regarding the lethal use of force. The examination, illustrated in the below graphic, paints a picture of an agency that operates with remarkable restraint.

Click the image to view a larger version or click here to view the PDF version.

ROB station breakdown

Below is a list of each station that was open during the Relocation Opportunity Bulletin, along with the number of agents who applied for that station and the EOD year of the most senior applicant. Use this list to plan ahead for future relocation opportunities.

Over 3,000 agents applied and 179 were selected.

Under this announcement none of the stations requested any special skills so criteria number two of the MOU was not a factor. Criteria number 1 and 3 were the main factors with criteria number four playing tiebreaker. Click here to view the ROB MOU (PDF).

Jacksonville: 689 applicants; Seniority started in 1995
Orlando: 687 applicants; Seniority started in 1995
Tucson: 527 applicants; Seniority started in 1996
El Cajon: 421 applicants; Seniority started in 1992
Buffalo: 265 applicants; Seniority started in 1996
Sonoita: 261 applicants; Seniority stated in 1996

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Help some law enforcement officers in need

Please click here and help support some law enforcement officers in need.

Visit Code4Foundation.org for more information.

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