PTIP suspension update

Local 2366 met with Del Rio Sector management to discuss the suspension of the PTIP at multiple stations.

The agency's investigation is ongoing so they are not yet able to disclose the audit/investigation results, but the union was notified that PAICs have been provided with the information relevant to their respective stations.

If you feel that you were improperly swept up in the suspension of the program you may approach your station's management to discuss your particular situation. Vanpools which were in compliance with the policy were allowed to continue with the program and the union was told that PAICs will have the specifics for each person and can discuss individual employee concerns.

2017 National Border Patrol Council national committee election results

Below are the results of the 2017 election for the national committee of the National Border Patrol Council.

Congratulations to everyone!

President: Brandon Judd
Executive Vice President: Paul Perez
Secretary: Rob Russell
Treasurer: Bud Tuffly
Vice President, Northern: Eric Sparkman
Vice President, Southwest: Art Del Cueto
Vice President, Southeast: Albert Trevino
Vice President at Large: Jon Anfinsen
Vice President at Large: Mike Egerton
Vice President at Large: Hector Garza
Vice President at Large: Christopher Kraus

Suspension of PTIP at DRT stations

Several employees at CAR, EGS, and UVA were notified of the suspension of the PTIP over the past two weeks. The agency has conducted an audit and they believe they have evidence that the directive was not being properly followed.

Section 9.1 of the PTIP directive requires a six-month suspension from the program if it is determined an employee failed to abide by the requirements of the directive. However, no one has been provided with specific information or allegations. The Union has filed a request for information so that we can review the audit and investigate the claims that some people may have been improperly suspended from the program.

In the meantime, if you have information you believe may prove that you were properly following the program, contact your respective lead steward.

CBP prepares for hiring surge

CBP has been assigned the difficult task of hiring an additional 5,000 Border Patrol agents, while trying to remain competitive when compared to ICE and other law enforcement agencies.

Therefore, CBP is requesting the authority to take several actions related to hiring, including modifying the way background checks are performed and waiving polygraphs for certain people including military veterans and current law enforcement.

Click here to read the entire memorandum.

Notice of Meeting

NOTICE OF MEETING – January 12, 2017

DETERMINE THE NUMBER OF UNION DELEGATES TO THE NBPC AND AFGE CAUCUS AND, IF NECESSARY, NOMINATE ADDITIONAL DELEGATES, DETERMINE IF DELEGATES CARRY ALL VOTES, AND DETERMINE COMPENSATION FOR DELEGATE EXPENSES

Local 2366 will hold a regularly scheduled membership meeting at 7:00 pm on January 12, 2017, at the Holiday Inn Express located at 2007 Veterans Blvd in Eagle Pass, Texas. During this meeting, members will be asked to determine the number of additional delegates, if any, they want to represent Local 2366. Local 2366’s six elected Executive Board Officers have already been designated as delegates by virtue of office. If members authorize additional delegates, then nominations for the additional delegates will be accepted and, at a future date to be determined, an election will be held for a secret vote to elect the additional delegates.

Members will also be asked to determine if the selected delegates will carry all of Local 2366’s votes, which if approved would preclude the need for alternate delegates. If members do not approve this proposal, then nominations for alternate delegates will be accepted and, at a future date to be determined, an election will be held for a secret vote to elect additional delegates.

The designated delegates will represent Local 2366 at the NBPC National Convention to be held in March 2017 and at the AFGE caucus to be held in May 2017.

NOTE: The NBPC and AFGE National Conventions and Caucuses are considered internal union business and official time to travel to and from these events, or to attend the events is not authorized. As a result, delegates attend and travel to/from these events on days off or annual leave.

Nationwide Swaps to Open December 5th

The USBP Nationwide Swap Program (NWS) will open on December 5, 2016, @ 8:00 am CST and will run through December 19, 2016, @ 8:00 am CST.

Employees will have the ability to submit up to 7 locations from a list of available duty stations. There will be no preference of choice. All choices will be considered as a location the employee is willing to move to, so make sure you only choose locations you truly want. All selections are made on the basis of seniority.

**Please note: initial offers will not be sent out until after January 3, 2017.**

As with previous announcements, employees will receive an email informing them of the duty location they have been paired with. Employees will have 5 days to respond. Employees who decline the pairing will be removed from the current announcement. Employees who are impacted by their partner declining, will have their name placed back into the program for second round of pairings and possibly a third round of pairings.

As per the MOU from April 28, 2105, an employee will be considered eligible if he/she:

  • Has served a minimum of three (3) years as a BPA, is not the subject of any pending performance or disciplinary action, or the subject of an investigation of alleged misconduct that may prevent the performance of the full scope of the required duties;
  • Has not received or been subject to three or more disciplinary actions (reprimand to fourteen (14) days suspensions), or a single adverse action (suspension of more than fourteen (14) days) within the last two (2) years;
  • Is not under a Last Chance Agreement; and
  • Has fulfilled any time-in-station requirements associated with any previously approved relocations or assignments.

Employees who are submitting for the NWS should strongly consider the personal cost and commitment it takes to relocate under this program and the impact it has on their fellow co-workers. Employees should only put in for locations that they truly want and willing to relocate to.

An announcement will be placed on the CBPnet's USBP homepage giving more information and a link to the NWS site. Employees will not have to request access to the site prior to it opening. Employees should carefully read and understand the conditions and requirements before submitting their names for this program. Employees should take great care when entering their data to ensure it is correct.

As with the prior solicitations, we will have the Potential Opening Tabulation Table (POTT) available. The POTT will allow employees to see all employees who are putting in for their station. The POTT does not guarantee any employee a swap but should only be used as a tool to gauge interest.

Update on FLSA lawsuits, first case settled

Update 9/23/2016
As you may be aware, the processing and payment to the law firm of the damages in this case is taking longer than expected. The Government now says that the damages will be paid “within thirty days” of September 13, 2016. Payments will likely be made by the government in weekly increments, so the law firm will send checks as they receive the money. It will be sent to the law firm grouped by social security number, so be patient if you see other employees receive checks before you do.

Original article 8/23/2016
Last week, Union members received a letter from the law offices of Woodley & McGillivary providing an update about the pending FLSA overtime pay lawsuits originally filed in 2014 and 2016. This letter was sent to all Union members for whom the Union has a mailing address on file.

The first of four cases has been settled and the law firm has now turned its attention to the second case involving canine handlers; the other two cases for non-handlers are on hold until the second handler case is resolved.

Only plaintiffs will be paid any monies resulting from settlements or wins in these cases. If you are a plaintiff in one or more of these cases, you already received a letter from us informing you that your claim has been filed in Court.

While it is too late to join the first three cases, you can still join the last case if you are a Union member and you can still be part of a new case that the law firm will file for any canine handlers who did not previously join. To become a plaintiff in the current case or a plaintiff in the new canine handler case, you must complete and return the consent retainer form located here.

Every day that you wait, the statute of limitations is running on your claims. This is because under the FLSA you can recover, at most, three years of relief going back three years from the date that your claim is filed in court. Damages in all four cases and any new canine handler case that we file cease on January 10, 2016, when you became FLSA exempt.

If you are not yet a plaintiff, and you wish to participate, please sign and return the consent retainer form located here. Only dues paying Union members can be plaintiffs. Those who received a letter last week did so because their names appear on the Union's membership listing. As the plaintiffs in the filed cases know, once the law firm agrees to represent you, you will receive a letter from them along with a copy of the counter-signed consent retainer form.

If you wish to confirm if you have already signed up for a case, contact your local union steward.

Should you have any questions, feel free to contact the law firm at 202-833-8855 or info@wmlaborlaw.com.

You can mail the consent retainer form to the mailing address below or scan and email it to info@wmlaborlaw.com.

Download the consent retainer form here.

WOODLEY & MCGILLIVARY
1101 Vermont Ave., N.W.
Suite 1000
Washington, D.C. 20005

Further updates will be posted at nbpc2366.org and bpunion.org.

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