BPAPRA Resources

Below you will find some resources related to the U.S. Border Patrol's new pay system, known as the Border Patrol Agent Pay Reform Act.

Click here (PDF) for a summary of CBP's BPAPRA Directive that went into effect January 6, 2016.

A copy of OPM's BPAPRA regulations, with comments, is available here (PDF).

The directive is available on CBP's intranet in the BPAPRA resource center.

NBPC Statement on Body-Worn Cameras

Despite our best efforts to answer questions posed by reporters and the public, our position on body-worn cameras (BWC) has been misunderstood or worse yet misinterpreted to fit a certain narrative. Several media outlets have incorrectly stated that the National Border Patrol Council opposes body worn cameras. This is simply untrue.

Our position on body-worn cameras is the same position we have on any proposed new technology, equipment or program. It requires us to always ask three simple questions:

  1. Will the equipment work in the harsh and varied conditions our agents operate in?
  2. Does the program/equipment enhance border security?
  3. Is this expenditure more important than other critical needs, including additional
    Agents in the field, vehicles and a communications system that enables agents to talk to each other
    in the field?

The recently completed body worn camera feasibility study report issued by Commissioner Kerlikowkse found that the cameras utilized in the extensive field study did not perform well. The feasibility study report states, “most of the BWCs available in the marketplace today “provide limited effectiveness, and for the most part are not suited for CBP operational use.” In fact, the study pointed out that the video quality in low light was poor and the audio in windy conditions was nearly inaudible.

The Border Patrol is a unique and specialized law enforcement agency that operates in some of the most remote areas of the country. We are not an urban police force and equipment that works in urban areas doesn’t necessarily work for us.

Today, our nation faces enormous challenges at our borders, from the continued onslaught of unaccompanied minors, to the threats posed by drug cartels, human smugglers and terrorists. We must remain focused on securing our border and cannot divert an estimated $100 million-plus for equipment that 1) does not work in our harsh conditions, 2) fails to enhance border security and 3) is a lesser priority than other pressing needs on the border.

AFGE's Endorsement of Hillary Clinton

Today, AFGE announced its endorsement of Hillary Clinton for president of the United States. It is a decision that will please many of its members, but will displease a lot of Border Patrol agents.

AFGE’s selection process is spelled out in detail on its website. AFGE reached out to all announced presidential candidates, Republican and Democratic, with a questionnaire to gauge their positions on federal employees. Two candidates responded and agreed to an interview, all other candidates refused to meet with AFGE.

The National Border Patrol Council, as part of AFGE, made its concerns and preferences known in terms of presidential candidates. We emphasized the issues that are important to our members and voiced our anxieties on border security and immigration.

After reviewing every candidate’s record on federal employee pay and benefits, furloughs, shutdowns, and government services, the AFGE National Executive Council voted to endorse Secretary Clinton.

We recognize that our agenda is not always AFGE’s agenda and so do our supporters on Capitol Hill. This is why our strategy to work both sides of the aisle to advance legislation has benefited agents and their families. In addition, we have also established a Political Action Committee that allows us to support individual candidates that support our agenda of strong enforcement and an end to phantom amnesty programs like DACA, DAPA and “catch and release” that only encourage illegal immigration.

If you do not support Clinton, you have a choice to make. You can be mad at AFGE’s endorsement and disengage, or you help us advance our agenda by joining our PAC. The American public has been demanding border security for far to long. With your support, we will help candidates that recognize that the first line of defense against our borders being infiltrated by transnational criminal cartels, human smugglers and possible terrorists is you, our Border Patrol agents.

The work we do has an impact on every community across this country. We intend to stay focused on that work and not politics. As the exclusive representative of Border Patrol agents, the National Border Patrol Council has not and will not endorse a candidate for president of the United States.

You may send any comments you have on this issue to dearAFGE@nbpc2366.org and we will share them all with AFGE.

Social media and the Hatch Act

The Office of Special Counsel (OSC) has updated their guidance regarding the Hatch Act and federal employees' use of social media and email.

The Hatch Act might not be something you typically think about, so here's an excerpt from the guidance about profile pictures that support a specific political party or have a campaign logo:

"Because a profile picture accompanies most actions on social media, a federal employee would not be permitted, while on duty or in the workplace, to post, 'share,' 'tweet,' or 'retweet' any items on Facebook or Twitter, because each such action would show their support for a partisan group or candidate in a partisan race, even if the content of the action is not about those entities."

We encourage you to read the entire FAQ, which can be downloaded from the link below. It's easy for one of us to violate the Hatch Act and not even realize it, and it's even easier to verify because everything we do on social media is tracked. Read this to learn how to avoid accidentally getting yourself in trouble.

Frequently Asked Questions (PDF)
OSC Press Release (PDF)

Nationwide Swap Program update

Update, 10/21/2015, 1245 hours
Emails for DRT employees will be sent today. Since there are a lot of people to email, give it until tomorrow just to be sure.

We received word overnight that NBPC will be sending emails in the next couple of days to those agents who have been tentatively selected for a swap in the nationwide swap program. These emails will be similar to the ones that were sent to employees in DRT for the local swap program and will simply ask the agents if they are still interested in a swap from their current station to some other station.

The agents will have seven days to respond to the email, saying that they accept or decline. Keep in mind, this email will not be a formal offer, as things could change down the road. For example, the person you may be matched with could decline, he/she could suddenly find him/herself under a major investigation, he/she could quit the Patrol, etc…

If you will be on annual leave or otherwise away from your work email, you will still be responsible for responding within the seven days. If you will be away, keep an eye on the FB group, nbpc2366.org, and Twitter (@NBPC2366DelRio) for an announcement that emails are going out. When we make that announcement, we’ll give an option for you to email us to check the list of DRT employees who have been tentatively selected if you will be away from work.

Final breakdown of Del Rio Sector's Voluntary Swap Program Pilot

Tomorrow, October 18, 2015, the employees selected under the second round of Del Rio Sector’s Voluntary Swap Program pilot will EOD at their new stations. The 64 employees moving tomorrow join 64 other employees who moved during the first round for a total of 128 Del Rio Sector employees in new job locations.

Below is a breakdown of the total number of agents for both rounds at each station who moved:

CAR: 30
DRS: 23
EGT: 23
EGS: 19
BRA: 16
UVA: 14
COM: 3
Total: 128

Round 1

  • 93 agents wanted to move to Uvalde Station, but only 13 Uvalde agents wanted to leave – 9 ended up moving.
  • 11 agents wanted to move to Rocksprings Station, but only one agent from Rocksprings wanted to leave – zero moved.
  • 59 agents wanted to move to Del Rio Station and 29 agents from Del Rio Station wanted to leave – 17 ended up moving, which placed Del Rio Station at the top of the list for number of swaps in Round 1.
  • 28 agents wanted to move to Carrizo Springs Station, but 53 Carrizo Springs agents wanted to leave – 10 ended up moving.
  • There were zero swaps between Uvalde Station and Carrizo Springs Station.

Round 2

  • 63 agents wanted to move to Uvalde Station, but only seven Uvalde agents wanted to leave – five ended up moving.
  • 22 agents wanted to move Carrizo Springs Station and 33 Carrizo Springs agents wanted to leave – 20 ended up moving.
  • 15 agents wanted to move to Rocksprings Station, but zero Rocksprings agents wanted to leave.
  • 31 agents wanted to move to Del Rio Station, but only 16 Del Rio agents wanted to leave – 6 ended up moving.

Del Rio Sector’s VSP pilot was unprecedented, resulting in a total of 128 agents moving, which is approximately 10% of all agents in the sector. At the moment, there are no plans to start a second year of DRT’s VSP pilot because it would unnecessarily complicate the national swap program, along with the VRP and ROB. The pilot was ultimately considered a success and was part of the inspiration for the national swap program, which is currently running.

OPM issues final regulations for BPAPRA

On Friday, September 25, 2015, the Office of Personnel Management (OPM) issued their final regulations to implement Part 2 of the Border Patrol Agent Pay Reform Act (BPAPRA).

A review of the regulations has revealed that OPM is interpreting certain portions of the BPAPRA contrary to what was intended by Congress when they drafted and passed the BPAPRA into law. For example, the regulations prohibit Alternate Work Schedules (AWS) and additional compensation for canine handlers on their assigned days off duty. There is also confusion on the section that deals with CBP being allowed to drop employees from one tier to another; however, it only clarifies what the Union had made clear prior to the regulations being published, which is that employees will not be able to artificially enhance their retirements by working a lower level of pay for the majority of their career and then at the end, bumping up to a higher level in order to get a greater annuity.

NBPC will work with Congress in order to resolve the issues via another amendment to the BPAPRA, or in the case of the canine handlers, through litigation.

Click here to read the OPM final regulations. [PDF]

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