H.R. 2252 signed into law

H.R. 2252 has been signed into law by the President (POTUS).

This law will restore FLSA for BPAs until January 2016, when the BPAPRA should be fully implemented. We are hopeful that immediate restoration of FLSA will allow for payment to be made within the current paychecks, but we'll have to see if it works out right away.

Second round of Del Rio Sector's Voluntary Swap Program announced

The registration period for the second round of Del Rio Sector's (DRT) Voluntary Swap Program (VSP) pilot will open on May 31, 2015, at 12:00 am and will be open until June 27, 2015, at 11:59 pm.

DRT emailed the announcement to all employees this afternoon, including a cover memo and a list of frequently asked questions. The link to the registration website will be provided closer to May 31st.

Please note that this is the intra-sector swap for Del Rio Sector employees only. The national swap program will be announced when it has been created.

FLSA waiver approved for December 2014 to April 2015

Over the weekend, Deputy Commissioner McAleenan emailed BP sectors and notified them that DHS had approved the waiver for FLSA payments from December 18, 2014, through April 18, 2015. That means that Border Patrol agents will not have to pay back any FLSA that was earned during that time frame.

The Senate amendment is still going through the typical process. If the amendment passes, it will grant us FLSA coverage through the rest of the calendar year, effectively making the waivers a moot issue. We'll post more information as we get it.

FLSA Exemption & AUO Excludability Q&A

National Border Patrol Council
FLSA Exemption & AUO Excludability Q&A

Q1. How will the agency’s recent decision to exempt BPAs from FLSA impact me?
A1. The impact will be financial in the form of a pay reduction (loss of FLSA payment) for Pay Period 8, the period covering April 19, 2015 – May 2, 2015. We anticipate that with the passage of a Technical Amendment that will be introduced by Senator McCain, all agents will recoup the loss of FLSA for both Pay Periods 8 and 9.

Q2. I am a canine handler, and in Pay Period 8, for each day that I kept my assigned canine at home with me, I worked and claimed the additional hour of canine maintenance (17/17 pay) authorized under the negotiated and agreed upon Canine Policy. How will the exemption of FLSA affect those hours that I worked and claimed?
A2. Due to the FLSA exemption, you will be paid overtime (code 21) for those hours worked and claimed in Pay Period 8. But as with the above answer, we anticipate recouping the loss of FLSA for Pay Period 8.

Q3. I was authorized and claimed FLSA for travel during Pay Period 8; how will I be paid for those hours?
A3. The agent will have one of two options. The agent may accept comp time as per law or the agent can wait until the...

Continued below...

Allegations and complaints sent to DHS OIG from CBP employees not received

Local 2366 has learned that CBP has had the incorrect DHS OIG email address listed on CBP’s Joint Intake Center (JIC) intranet webpage for at least the past six months. The website previously had the email address DHSOIGHOTLINE@dhs.gov, but then changed it to DHSOIGHotlineMailbox@dhs.gov. Both email addresses are incorrect and employees will receive a bounce-back message if they send an email to those addresses – but they will only receive that message if the employee first sent the email from within the DHS network.

Any employees who have sent an email to those email addresses from outside of the DHS network did not and will not receive a bounce-back message explaining that the above email accounts are not valid. That means that any allegations or complaints submitted to DHS OIG from outside of the DHS network (via Gmail, Yahoo, Hotmail, etc), were not received by DHS OIG, going back to at least October 2014.

If you relied on the information on CBP’s JIC webpage on the intranet and sent DHS OIG an allegation or complaint via email from outside of the DHS network and have not heard from them, you should contact DHS OIG and confirm that they are indeed aware of the allegation or complaint that you submitted – it’s likely that they never received it.

If you attempted to report misconduct to DHS OIG and haven’t been contacted, protect yourself and make sure that they are aware of the issue. The last thing we want to see are employees getting in trouble for failing to report something that they believe they already reported.

To report an allegation or complaint to DHS OIG, it would be best to either manually look up the address in Outlook or use DHS OIG’s online form – at the time of this post, the email address is still incorrect on the JIC webpage on CBP’s intranet.

New overtime transition plan, swaps, and fitness plan

Update, 04/29/2015: The signed MOU is available here. The MOU modifies a portion of the Physical Fitness Plan MOU -- a temporary version of it with the changes is available here until the final document is available.



Overtime Transition Plan Memorandum to be Signed

April 27, 2015

The National Border Patrol Council is expecting a signed Memorandum of Understanding with
Customs and Border Protection, concerning the Overtime Transition Plan, on Tuesday, April 28,
2015.

The Office of Personnel Management has determined that Border Patrol Agents are considered
exempt from the provisions of the Fair Labor Standards Act as of the signing of the Border
Patrol Agent Pay Reform Act (BPAPRA) on December 18, 2014. The determination left the
National Border Patrol Council with the decision to either fight for Administratively
Uncontrollable Overtime (AUO) as the type of pay received during the transition or to adopt a
transition plan that mirrors the provisions of the BPAPRA. The pitfalls of fighting for AUO
included the loss of FLSA exempt days for leave, thus dropping all agents to either 10 or 15%
AUO.

The agreement for this Overtime Transition Plan allows agents to earn the same amount of
money as they currently do, and in some cases based on their election of tier, earn more
money. This plan removes the albatross that AUO has become and its resultant
investigations. The Overtime Transition Plan will go into effect no sooner than May 31, 2015.

In addition to the opportunity to implement improvements in working conditions that will permit
an overwhelming majority of agents to achieve a better work-life balance while continuing to
support the Border Patrol's mission, the National Border Patrol Council was able to secure the
implementation of the following programs:

  • The elimination of "clean shifts."
  • The establishment of Compressed Work Schedules for those electing the 80 and 90 hour
    tiers.
  • The establishment of a location swap program, in which two agents from different duty
    stations can exchange positions at their own cost.
  • The expansion of the CBP Physical Fitness Pilot Program to all Border Patrol
    Sectors. Travel time will not count against the allotted program time.

Upon the signing of this MOU, the National Border Patrol Council will have attained a stable
stop-gap measure to maintain pay while the BPAPRA is fully implemented. It will also have
achieved many of the long-standing desires of Border Patrol agents in the form of mobility,
alternate schedules, and the ability to improve their physical fitness at work.

More information will be forthcoming concerning the Overtime Transition Plan and its
subsidiary agreements.

2015 National Border Patrol Council elections

Below are the results of the election for National Border Patrol Council's executive board. Congratulations to everyone!

President: Brandon Judd
Executive Vice President: Chris Bauder
Vice President, Northwest: Mike Egerton
Vice President, Northeast: Eric Sparkman
Vice President, South: Paul Perez
Vice President, West: Terence Shigg
Vice President at Large: Art Del Cueto
Vice President at Large: Shawn Moran
Vice President at Large: Albert Trevino
Treasurer: Bud Tuffly
Secretary: James Stack

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