Press Release

Merry Christmas!

An Unsual Human Story Based On Good Investigative Work And Genuine Compassion

In a world where United States Border Patrol Agents are portrayed as uncaring, knuckle dragging, mindless automatons, who succumb to corruption at every turn, it can take an exceptional event to shed luminosity into an unfair caricature.

David Amaya Barrick found himself doing whatever he could to survive on the mean streets of Tijuana, Mexico.  He was told to run across a water culvert that led into the United States, in an area known by agents as “Goat Canyon,” with a group of illegal aliens.  This illegal act set many things into motion.  David was arrested for illegal entry into the United States and transported to the Imperial Beach (IMB) Border Patrol Station for processing and further investigation with the other illegal aliens.  

When he arrived at IMB, David stated that he was a United States Citizen (USC) who was born in Chicago.  He did not have any identification or other documents.  Well, like most agents who are processing the incoming masses, they will hear this was either a false story or David was telling the truth.  An agent could say, “I don’t believe you, next in line.” Or the trail could lead in a different direction and the truth is discovered. Does it seem too idealistic for agents to want to find the truth? For agents to take the extra steps to investigate claims of a man who might be lying for his own self interest?  Whatever it was, agents at the Imperial Beach Border Patrol Station took the extra steps.  They used those Administratively Uncontrolled Overtime (AUO) hours to do what agents routinely do as unsung heroes protecting our nations borders. Verification had to be made of David’s story and claims.

His mother, Kathy Amaya, had lost her 2 year old son to an estranged husband who took the boy to San Luis Potosi, Mexico.  David was told and thought that his mother had abandoned him.  Calls from IMB were made to Cook County vital records office in Chicago to verify his claims.  There was a match.  Since it was such a unique name on the birth certificate, agents decided to look up his mother.  A phone number was found.  This phone call would definitely verify if David was indeed a USC.  However, before the phone call, David stated in the Spanish language that he had NEVER talked to his mother.

Kathy Amaya had spent years searching for her son, and “out of the blue” she gets a phone call from a border patrol agent asking if she had a son named David Amaya Barrick.  She immediately recognized the name and began to cry.  David began to cry.  Even a few agents who were overhearing the conversation on speaker phone became misty eyed.  35 years of separation had come to an end.

Described by the agency as:  "an unusual human story based on good investigative work and genuine compassion,” http://www.cnn.com/2013/11/13/us/mother-son-reunited-border/index.html?iref=allsearch, this is a completely usual and exceptional event that exposes the hearts and minds of hard working agents.  

Agents at IMB Station are gathering funds to help with David’s trip back home with his mother.

by Gabe Pacheco National Border Patrol Council Local 1613

National Border Patrol Council Press Release

Cabrillo Credit Union is working for you during this time of furloughs.

Click THIS Link: Cabrillo Credit Union ~ Furlough Information

 If you are a Federal employee on furlough, we are currently developing plans to help. Please check back soon for details.

There is also a link posted on NBPCLOCAL Borderpatrol on Facebook.

Get the word out to those who might be affiliated with Cabrillo Credit Union.

Members,    

 

      I received the following information from Sector today.  The imminent Government Shutdown will cause an automatic furlough.  This furlough will last until a budget or continuing resolution is signed.  It is anticipated to happen on October 1^st unless an agreement is reached prior to then. 

 

     In the event a shutdown occurs all non-essential employees will not be allowed to work.  All essential personnel will be required to work.  All leave will be canceled, and if an essential employee takes any type of leave during the furlough he will considered to be on furlough and it will be unknown as to whether he will be allowed to return to work during the furlough. During the furlough you will not be paid, but will be paid when the furlough is over. 

I will update you as information is received.

     Essential personnel is considered to be all Border Patrol Agents, Mechanics, and LECAs.  Mission Support, Seized Property Specialists, Paralegals, LER, Sector Counsel, are non essential employees and will be furlough.  I was told that we are to watch the news to see if there is a government shutdown, because if there is a shutdown the non-essential employees will have no-one to tell them to stay home.  For essential employees just go to work as normal.

Certified? Details To The Academy - Just Say NO

A government shutdown could be your reality in two weeks. Send a message to your Lawmakers and tell them to stop playing political games.

IMPORTANT: This information should not be downloaded using government equipment, read during duty time, or sent to others using government equipment, because it suggests action to be taken in support of and/or against legislation. Do not list your government email or government address in filling out this message, and do not use a government provided phone for this action.

Demand your Lawmakers Stop Sequester and Threatening To Shutdown Government!

Dear George,

Unthinkable but entirely possible.

Over a dozen Senators and eighty Representatives are pushing for a scenario that should be unthinkable: they want to use a government shutdown as leverage to enact an extreme, right-wing agenda that includes continuing the Sequester for the next nine years. And these folks are picking up more support every day.

A government shutdown – which could happen as soon as Tuesday, October 1 -  would be disastrous. And continuing the Sequester is just plain wrong for America: Your jobs are on the line. The strength of our economic recovery is on the line. Government’s ability to make people’s lives better is in jeopardy. 

We need to create the political will in Washington to confront our problems responsibly. Let’s work together right now to send that message. Please help us send that message to Congress right now.

Demand that lawmakers Stop the Sequester and Stop Threatening to Shut Down the Government if they don’t get their way.

Every elected official has his or her own favored policy positions. But if folks dig in their heels and threaten to seriously damage America if every one of their demands isn’t met, our government can’t function. In fact, nothing could be more irresponsible.

This isn’t a game of chicken. It’s governing. When there are problems with our laws, individual representatives need to work together to fix them.

Please add your name to our message to Congress demanding an end to the Sequester and the dangerous shutdown threats.

In Solidarity,

J. David Cox, Sr.

President, AFGE

SAFETY ALERT

Based upon the recommendation of the National Institute for Occupational Safety and Health. Local 1613 would like to inform our members of these recommendation to minimize possible lead exposure after participating in activities at the firearms ranges.

Personal hygiene is important for protecting employees from exposure to lead dust and for preventing the transfer of lead out of the workplace. All employees exposed to lead should wash their hands and faces (cold water) with lead removal wipes or soap before eating, drinking, or smoking. Additionally, they should not eat, drink, or use tobacco products (cigarettes, cigars, chewing tobacco, etc.) in the firing range, gun cleaning area, or classroom.

Employees should change into work clothes and shoes upon arrival at the worksite. Street clothes and shoes should be stored separately from work clothes in a clean area. Contaminated work clothes should be removed before eating and replaced with a clean set of work clothes. Alternatively, disposable shoe covers could be put on prior to entering the range and then discarded upon leaving the range. Employees should change back into their street clothes and shoes after washing their hands and faces and before leaving the range.

 

We encourage you to discuss your work and possible lead exposures with your healthcare provider. If you have children, we recommend you discuss this possible source of lead exposure with their doctor.

Ronald Zermeno
NBPC 1613 Health and Safety Officer

BUDGET ALERT

The Office of Border Patrol (OBP) is approaching the end of the fiscal year. This is the time to ramp up our efforts to let our agency and our representatives know that we will not support another year of grandstanding, whitewashing and finger pointing. If we do nothing we will be in the same place we were last year come October 1, 2013. We will be facing sequestration, furloughs, decertification and a decrease in man-hours. Operating under Continuing Resolutions (CR) and Sequestration has damaged the safety of America and made it impossible for Border Patrol Agents to effectively do the jobs they have sworn an oath to do. Due to budgetary restraints manpower has been limited and invaluable resources have been underutilized. A perfect example is our canine teams. Every year OBP managers refuse to allow these teams to work the hours they are needed in order to accomplish the mission. Managers know this is going to be an issue every year around this time yet they draw a line in the sand and say they will not allow these resources to be deployed as needed because of a bean counting, bonuses threatening issues referred to as the salary cap. Canine teams are subject to the same salary constraints as other agents (even though they have the added responsibility of housing and caring for their canine partners). This causes them stress and hardship every year. Due to these constraints a waiver process was put into place so that this would not affect the mission. The problem is that the managers responsible for requesting and allowing the waivers are directly affected by having their bonuses diminish if they spend the necessary funds to keep these canine teams in the field all year. So, you can see the conflict of interest. If they allow the canines to work it directly affects their bottom line. This is just one effect of the budgetary restraints placed on The Border Patrol every year.

 

The following statements are directly from the DHS website. This is what was requested and their reasoning.

 

Department of Homeland Security’s (DHS) fiscal year (FY) 2014 budget request of $39.0 billion in net discretionary funding.  Recognizing the current fiscal environment, the Department’s net discretionary amount is 2 percent below the FY 2012 enacted level.

 

Securing and Managing Our Borders - The FY 2014 Budget continues the Administration’s robust border security efforts, while facilitating legitimate travel and trade.  It sustains historic deployments of personnel along U.S. borders as well as the continued utilization of proven, effective surveillance technology along the highest trafficked areas of the Southwest Border to continue achieving record levels of apprehensions and seizures.

 

Nationwide, Border Patrol apprehensions of illegal aliens, a key indicator of illegal immigration, decreased from nearly 724,000 in fiscal year 2008 to approximately 365,000 in fiscal year 2012, a nearly 50-percent reduction and a 78% decrease from their peak in 2000. This indicates that, as a result of increased enforcement, fewer people are attempting to illegally cross the border.

 

Under this Administration, DHS has dedicated historic levels of personnel, technology, and resources to our borders. The number of Border Patrol agents has more than doubled in size since 2004, to 21,370 agents. The number of Customs and Border Protection officers has also increased to 21,775.

 

According to these statements (accomplishments?) they will continue to ask the Border Patrol to do more with less. That has been the prevailing mantra of Chief Fisher and the current OBP management for years. I can understand that business model if this was a business that had a product and produced a profit (as does The Office of Field Operations). Border Patrol does not produce a profit and someone needs to stand up and say no more. The nation’s security is more important than a bottom line, a bonus or a promotion! Border Patrol Agents are having their pay cut, their hours “managed”, their canine partners kenneled and their ability to perform their mission dulled. Agents are being terminated, disciplined and committing suicide in record numbers. It is time to take a hard look at our policies. It is time to realize this is one of the premier law enforcement agencies in the country and not McDonalds.

I suggest every agent, their friends and family call their local representatives and tell them the following.

What we need:

1.      Pass a Budget!

2.      Secure the Borders!

3.      Give and utilize the waivers for our canine teams every year!

4.      A smarter pay system that allows for the optimal utilization of current and future workforce. (Border Patrol Pay Reform Act)!

5.      Reform of our Labor Employee/Human Resources system!

 

Terence L. Shigg

Proposed Constitution And Bylaws

Local 1613 Official Notice of Intent To Amend Constitution

Current Constitution And Bylaws

Legislative Update

The National Border Patrol Council continues to meet with representatives in Washington DC in order to explain and garner support for the Border Patrol Pay Reform Act.

With the assistance of our lobbyist McAllister and Quinn last month alone we had over 30 meetings with representatives and several meetings with Agency representatives. Some of them included staff members of the following legislators:

Senator Heidi Heitkamp of North Dakota

Senator Ron Robinson of Wisconsin

Senator Tammy Baldwin of Wisconsin

Senator Mark Pryor of Arizona

Senator Rand Paul of Kentucky

Senator Jeff Chiesa of New Jersey

Representative Ruben Hinojosa of Texas

Senator John McCain of Arizona

Senator Kelly Ayotte of New Hampshire

Senator Rob Portman of Ohio

Senator Mark Begich of Alaska

All of the meetings went very well. All members were very receptive to Border Patrol issues. Some of the highlights of what we discussed are below. If you are currently stationed in these representatives area or if you have family in these districts it would help our efforts if you could call their offices and tell them you want them to support Border Patrol Pay reform.

Border Patrol Pay Reform

The Border Patrol Council and the Administration have come to agreement on a pay reform package.  This package modernizes agent pay, greatly enhances border security, and saves the federal government money.    Key components include:

·         Agents will have three options on overtime.  They may work 100 hours per pay period and receive a 25% differential, work 90 hours and receive a 12.5% differential, or work no overtime at all. Agents make the election once a year.      

·         Overtime worked beyond 100 hours will be treated as compensatory time off. 

·         Agents who are a GS 12 and below will receive a one- time two step increase to offset the loss in FLSA overtime.

The Border Patrol estimates that this reform package will save the government $134 million per year.  This reform was introduced as an amendment by Senator Tester to the comprehensive immigration reform package, but was not considered as part of the floor debate due to objections to procedural rules. 

Hoeven-Corker Amendment to Immigration Reform

The Senate adopted an amendment by Senators Hoeven and Corker that increased the funding for border security to $46 billion.  This amendment included: 

·         $30 billion to double the number of border patrol agents to 40,000

·         $4.5 billion for border security technologies

·         $7.5 billion to double border fencing

The intent of the Hoeven-Corker amendment is to double the manpower at the border.  However, there is no need to double the workforce to achieve this objective.  Under the Tester amendment, over 90% of the agents could be scheduled to work a 10-hour day instead of an 8-hour day.  This additional two hours per day gives the Border Patrol an additional ¼ of an Agent and greatly increases manpower in the field when it needs it most.

By our estimates, if the Tester amendment were applied to both the existing number of Agents and potentially new Agents hired under Hoeven-Corker, we could double manpower in the field by hiring only 12,500 new Agents – not 20,000 new Agents.  The rough estimate is this would save the federal government approximately $12 billion in payroll and benefits alone.

The National Border Patrol Council believes whether they hire 1 or 20,000 new agents we need our archaic pay system reformed.

Terence L. Shigg

NBPC Legislative Committee member

 

Next Union Meeting August 13, 2013 @ 7pm.

Agenda:
Bylaws and Constitution changes will be voted on.
Legislative committee update
Media training report
K9 Kenneling issues
AUO issues
Arbitrations update
Union office update

 

"Sequestration Or Political Gain" by President James Harlan

The Agency, in their “infinite wisdom,” reduced man hours as ordered by DHS.  This has limited the number of units on patrol.  This action has not gone unnoticed by our adversary.  All of this to save money or for political gain? 

The agency must make cuts.  The Union understands this.  However, “Sequestration” has affected operations in a negative way.  How severely has this affected border security and operations? 

Here is a list of activity that has resulted negatively:

On July 25, 2013, two (2) vehicles rammed their way through the San Ysidro Port of Entry and drove into the United States from Mexico loaded with illegal aliens.  They drove northbound in the southbound lanes of Interstate 5 with no regard for life or property.  About twenty-six illegal aliens made that extremely dangerous and illegal desperate action crammed into these vehicles like animals.  This resulted in an accident where two innocent United States citizens were hurt and had to be taken to the local hospital with injuries.    

June 10, 2013, Smugglers coordinated their efforts from the north and south sides of the United States / Mexico International Boundary.  They cut the primary fence in the Imperial Beach Border Patrol Station's area of operations.  Two (2) vehicles loaded with their human cargo drove through the fence after it was cut with welding equipment and when the secondary fence gate was disabled from the north side.  

June 5, 2013, two (2) vehicles drove through the Campo area of operations in which in one of the drivers attempted to run over and murder Border Patrol Agents.  Agents felt their lives were in danger of grievous bodily harm or death and fired their agency issued weapons at the driver of the vehicle.  Both vehicles were filled with narcotics.  The occupants of one of the vehicles absconded back into Mexico.

May 10, 2013, a smuggling vehicle drove into the United States from Mexico in the same manner as the July 25^th incident by ramming through San Ysidro Port of Entry and absconded with an unknown cargo.  This “unknown cargo” possesses the greatest threat and danger to border security.

In the past there have been numerous deaths and human suffering associated with this wanton disregard for life.  Sometimes, the public forgets that the responsibility for this deadly behavior falls squarely on the drivers of these vehicles and their associates.  Border Patrol Agents are authorized to use whatever means necessary to protect the public and themselves against such callous behavior.  This brazen and aggressive behavior that is exhibited by the smuggling organizations is controlled and directed by the Cartels.  It affects national security, innocent lives, and the lives of the men and women who are sworn to protect our country.  

There are, of course, other incidents that occur, and these definitely appear to be on the rise.

Which leaves one to wonder, is this due to a combination of budget cuts and looming amnesty?  

Or, for the sake of political gain disguised as saving money?

James Harlan 

President 

Local 1613 

National Border Patrol Council

The Border Patrol Is Breaking up Families

 

Since my indoctrination into the Border Patrol I have heard the saying repeated over and over that “The Border Patrol is a Family.” My question is, if we are family then why is the Border Patrol keeping families apart and in some cases breaking up families?

 

I had an interesting meeting with Border Patrol Management in Washington DC. The meeting was to discuss the Compassionate/Spousal transfer and the hardship program. The meeting began very cordially with discussions of children and personal introductions. My intention was to get the answer to a simple question: “What needs to happen to allow the over 40 agents nationwide who have been approved by the aforementioned programs to be allowed to complete the transfers they have qualified for?” This was my only real reason for the meeting. I will not keep you in suspense. I never received a direct answer to this question. Instead I was told about manpower levels, needs of the service and what the agency could not do.

 

For example:

 

I was told due to the numbers even though these agents are in dire circumstances that qualify them to move they can’t be permanently relocated. Instead, in addition to the stress of their current situation they will have to wait until the location they desire to go to drops below an established staffing level set by headquarters. The number was a hard number that could not be change for any reason (unless they are told to change it). It should be noted that this “hard” number can change from year to year. Employees can also request temporary details every 30 days that are subject to denial at any given time for any reason whatsoever.

 

I was told that due to the budget agents who are enduring a hardship and qualify to move, will not be moved. Get this, the reason they would not do this is because these agents ‘deserve’ to be paid so until there is funding the service can’t move them. So, because the service cares so much about these agents they “can’t” move them. How about the fact that “IT’STHE LAW!” You have to pay them. Here is a novel idea. Allow them to move with the promise (legal contract) that you will pay them when funding becomes available. I know that’s just crazy talk.

 

I was told that agents should be more reasonable about where they request to go. In other words if one spouse is in San Diego and one is in Calexico (no offense to my brothers in CAX) they should consider going to the less desirable location because they would have a better chance of getting it approved. In my mind I am thinking, but you told me the numbers in these two areas did not allow anyone to move to either of these locations, so what difference does it make using your logic from earlier in the conversation you still will not move them. Part of this conversation went into the fact that managers out there are misinforming agents about the programs. Agents are being told the agency will ignore what they requested and make an offer that is opposite of what they requested and then drop them from the program if they turn down the offer. Or better yet agents are being told they can’t put in for the program because they are too junior. The response I got to these real case scenarios was well we can’t control what our managers say? What?  Pause for a head shake! This really happened. That conversation ended with the most ludicrous statement of all. I was told that maybe I should tell my members that they would have a better chance of relocating if they promoted!

 

All these excuses boiled down to the agency saying the equivalent of “I don’t have to so I will not do it!”

 

I’m sorry, excuse me but I thought this was a compassionate transfer program. I thought we were family. I thought the agency “cared” about its employees. In order to effectively run a compassionate program you first have to have compassion.

 

We will be getting with the attorneys and the media in order to continue this fight. If you are waiting for a compassionate/hardship or spousal transfer we highly recommend notifying your local representatives (Congress and Senate) and asking them for assistance also. We as a union will find a way to make these moves happen! These agents deserve better from the agency that says “we are family” and we as a union will not allow the incompetence and bureaucracy of the agency to further harm these agents who are already going through trying times.   

Happy 4th of July

Fourth of July 2013, finds us enjoying the great weather and beaches and other assorted activities which involve BBQ’s with friends and family.  These seem to be the usual sorts of activities on such a wonderful warm summer holiday.

We are celebrating the 4th of July as a National holiday, remembering freedom from tyranny of the British Empire.  Tyranny is described as the “arbitrary or unrestrained exercise of power; despotic abuse of authority.  Synonyms: despotism, absolutism, dictatorship.  The government or rule of a tyrant or absolute ruler.  A state ruled by a tyrant or absolute ruler.  Oppressive or unjustly severe government on the part of any ruler, and undue severity or harshness.”  Sounds kinda like “some” (not all) of our managers?  Again, there are some very good managers who work very hard for the same goal as your Union; the welfare of the agent.  

We can and we have made mistakes, and we will make mistakes, while performing our duties as agents.  However, your treatment as an agent should not be met with tyranny when the Agency rules you negligent in professional matters of the position according to the Table of Offenses and Penalties.  The Union does not possess a “magic wand” and cannot make things “go away” whenever an agent finds himself in trouble.  The Union is in the position of mitigating the discipline and adverse action by the Agency.  

What does the celebrating on the 4th of July, tyranny, and negligence have to do with anything?

You, members of United States Border Patrol, San Diego Sector, are some of the finest members of our community, who work constantly keeping our borders secure and our streets safe.  The temptation will be to place yourself under the tyranny of the Agency and to be negligent by the choices you make while celebrating the 4th of July.  You may choose to drink and have fun with friends and family, but do not place yourself under the tyranny of the Agency by being arrested for driving under the influence.  The Agency’s stance is very clear when you hear an agent exclaim, “I am a good person, I don’t deserve to get fired.”     

And now choose not to place yourself under their tyranny.  Sector Management “DOES” treat bargaining members and non-bargaining (managers) differently.

The choice is yours.

Members

Meeting

June 25, 2013

5:00 P.M.

Location:  La Bellas Café Chula Vista

Please join the Local 1613 for it's second inter-monthly Meeting to be held at La Bellas Café in Chula Vista.  The address is 373 3rd Ave Chula Vista, CA 91910.  The meeting will start at 5:00 P.M.
This is meeting is set for members living near the "Big 3" but all members are invited and encouraged to attend.  The meeting will be a town hall style meeting.  See you all there.

Senator Jon Tester (Montana) introduces pay reform bill

Check National Border Patrol Council for update and progress on pay reform bill.

http://www.nbpc.net/index.php?option=com_content&task=view&id=439&Itemid=1




 

Members

Last week information was received from a few anonymous SBPA's from Campo that CPA Besson had offered to drop us down to 15% AUO in order to make up for the shortfall created by other Sectors not following the 20% AUO amount.  I spoke to ACPA Herrera and she has assured me that this is not on the table, and is inaccurate information.  I have no reason to doubt the sources that brought the information to us, however I have no reason to doubt the response and word that ACPA Herrera has given me.  This is not a retraction to the earlier message as we only put out what we believe to be accurate, but new information that has come to us concerning this issue.

Furthermore I was shown a matrix showing that the other sectors were at a lower rate than we are at this time.

James Harlan
President
Local 1613

Proposed amendments to bylaws and constitution

Alcon:

 

In accordance with AFGE Constitution ARTICLE XI

 

This shall serve as a notice for proposed amendments to the current Local 1613 constitution and bylaws.

 

Changes will take place at the meeting held on August 13, 2013.

 

 

Breaking News

 

Yesterday June 4, 2013 the Chula Vista Station initially assigned approximately 30 agents to Processing.  This was supposedly due to the Station running out of money for gas.  Due to managements mismanaging of their budget, they have placed our National Security in Jeopardy. 

 

This is just the tip of the iceberg for the Managerial Shenanigans.  It was brought to our attention by a few concerned anonymous low level managers that due to other sectors refusing to drop their agents to 20% AUO, that Chief Beeson has volunteered San Diego Agents to drop to 15% to make up for the shortfall.    

 

Stay Tuned for more info as it comes.

Next Union Meeting
June 11, 2013
Handlery Hotel
950 Hotel Circle North
San Diego, CA 92108

Priorities

There certainly seems to be an assault on law enforcement and military from the Chief Executive Officer of the land.  This is no frontal assault, it is happening behind close doors.  Where, at the highest levels, managers are being told that their funding is drying up. Or in some cases, they are given “incentives to play ball;” bonuses.  They appeal to the ego or the pocket book of their managers.  This type of behavior trickles down from the top to the lowest level managers and their excuse is, “I am just following orders.”  We can look back sixty years and these were the same excuses given by Germany Nazis during World War II, “Just following orders.”  There is nothing wrong with following orders.  It is imperative in some cases that this happens quickly, however, in some cases the circumstances dictate the action needed.  

Five years ago, US Border Patrol managers were worried about keeping employees around long enough to make a difference in border enforcement.  Agents who had been in long enough and who were educated enough to have a college degree, used the USBP as a stepping stone to their real career and profession; some where else.  

In response to this, the Agency "rushed" to hire new border patrol agents to fill empty "boat spaces."  The order was given that no one would fail the Border Patrol Academy; even if they didn’t fit the job.  Pay increases were authorized and uniforms and equipment were funded.  Congress got on board and mandated levels of manpower to be operating on the border and these operations were fully funded.  Overtime was never a problem.  An agent could work his regular schedule and could count on three extra days of 1945 Act Overtime.  Managers would monitor agents so that they didn’t fall below the 25% level of AUO.  One agent was fired because he refused to work any AUO, after he went to 0% AUO.  

Priorities.  Sequestration, this idea, came from the White House.  Even though Congress funds programs, the White House has the final say to where the funds are being spent.  Yes, Congress was in collusion.  What difference does that make?

What difference does it make?  The Chief Executive Officer of the land meets with Illegal Aliens and doesn’t have them arrested while on Federal property?  

What difference does it make whether to salute or not salute the Marine standing at the door of Marine 1?

Actions of an individual say more about what is going on than their “speak,” no matter how well their “speak” is delivered.

Actions.  This is the Memorial weekend some of you will be working enjoying that overtime.  Some will be mandated not to work the holiday because management is watching the budget.  Remember you are an American and some of your fellow Americans aren’t here to enjoy the Memorial Day Holiday because their devotion to God, duty, and their country.

Say a prayer, have a toast, and thank God for that person who once was and now is gone, never forget the love and respect.

What Are They Really Saying?

From: ACTING COMMISSIONER WINKOWSKI
Sent: Thursday, May 02, 2013 2:06 PM
Subject: Budget Update

In my last budget update on April 1, 2013, (on April Fool's Day.) I advised you that President Obama had signed into law an appropriations bill that funded CBP for this fiscal year.  (We got the money to pay you.)  After closely reviewing the appropriations bill, DHS and CBP leadership have been working to mitigate, to the greatest extent possible, the impacts to employees which had previously been communicated. (We looked at it, and after the public outcry and pressure, we temporarily decided not to furlough.)  However, our FY 2013 budget contains nearly $600 million in sequestration reductions and as a result, CBP must make significant cuts across the agency, which will affect operations through the end of the fiscal year.  (Since you didn't support our version of Immigration Reform we will cut your pay, "as a result.")

CBP is working with DHS and OMB on Congressional reprogramming requests to move funding between various CBP accounts in order to preserve essential capabilities and mitigate the impact of sequestration on the workforce, while still meeting the overall reduction requirements.  (We are using this excuse of moving monies from one account to another account to say we are doing everything we can, but we are still cutting your pay.)  Based on our preliminary reprogramming requests and pending Congressional approval, the number of potential furlough days is expected to be less than the 12 to 14 days originally anticipated under the previous FY13 Continuing Resolution.  (Congressional approval? You are not following the Oversight of Congress?)  While we work to reduce the number of furlough days, we are also doing what we can to limit reductions to frontline overtime. (You will be furloughed and you will work less overtime AUO.)

We will continue to provide updates as information becomes available. (You will be told by managers how we intend to reduce your AUO to 20%.) Thank you again for your patience and for your continued dedication to our critical mission.  (Thanks again for waiting to be screwed.)

Thomas S. Winkowski  (I hate AUO and I will take it away.)
Deputy Commissioner of CBP,
Performing the duties of the Commissioner of CBP  (I will take it away from you on my watch.)

Translation provided by NBPC Local 1613 San Diego, CA

THE ARREST

On March 13, 2012, Customs and Border Protection (CBP) Directive No. 51735-014 was signed by then Acting Commissioner of U.S. Customs and Border Protection, David V. Aguilar.

The purpose of this directive was to establish policy and assign responsibilities when a CBP employee was arrested for an "on-duty or off-duty misconduct."  Even though they are not considered 24 hour law enforcement agents.

According to Article 4B (1) of the Collective Bargaining Agreement (CBA):  "Management officials of the Service retain the right to determine... internal security practices of the Service; and in accordance with applicable laws and regulations - (1) hire, assign, direct, lay off, and retain employees in the Service, or to suspend, remove, reduce in grade or pay or take other disciplinary action against such employees;...."

 Incident to an arrest, CFR 550.162 Payment provisions allows management to reduce an employee's Administratively Uncontrollable Overtime (AUO).

In other words, there are a whole lot of policies and directives in place to "punish" the CBP employee before and after his or her case is adjudicated where there involves an arrest.  Constitutional guarantees are thrown out the window.

For example, a Border Patrol Agent (BPA), in "good faith," reported to El Cajon Border Patrol Station (ECJ) Management about his contact with California Highway Patrol (CHP), where this BPA was detained and NOT arrested.  Management quickly responded to this BPA's good faith gesture with confiscation of his Agency-issued firearm, badge, and credentials, even though there were "...insufficient grounds for making a criminal complaint."  He was placed on administrative duties and decertified AUO,  which amounts to about 25% automatic pay reduction based on the grounds of the arrest.  This does not take into account the alleged misconduct or the civil, criminal, and administrative action pending adjudication.  Management will prolong and drag out the administrative process and will contend that this action was not punitive in nature and was the consequence of one's own actions and that management had no control over the duration of said proceedings after the arrest.

Arbitrators have ruled in the Union's favor many times citing Article 32G in the CBA.  Management's executive arms are the Office of Inspector General (OIG) and the Office of Internal Affairs (OIA), each playing a significant role in fighting corruption within the ranks of CBP.  OIG will take criminal complaints from the Joint Intake Center (JIC) and review the complaints for criminal prosecution.  If they do not meet criminal threshold guidelines, they are sent to OIA for administrative adjudication.  This is where management gets "two bites at the apple."  All the while BPA's linger, wondering about their fate, when these proceedings can last a few years without AUO.

So let's get back to the arrest.  Let's suppose, the BPA had a "life," a wife, a family, a house payment, bills, and ..., I think you get the picture.  Then let's also say, his AUO was dramatically reduced because of the arrest.  Also, what if that BPA was found NOT Guilty by a jury of his peers in a court of law?  Do you think because he was found NOT Guilty that the Agency would immediately allow that BPA to get back to work?  No.  Administratively this BPA is still held responsible, when he has lost his wife, his family, foreclosure of his house, and facing complete bankruptcy and possible termination.  Does management care?  No.  How much is enough?  U.S. Border Patrol statistically has the highest rate of suicide, and some wonder why.

When does management place the proper use of discretion and common sense to the forefront of their leadership skills?  Almost never, because they are being directed by their superiors to be the "bad cop."  Of course, there are times when managers have looked past the Table of Offenses and Penalties (TOP) and have demanded the warranted reduction in punishment for BPA's who deserve a "fair shake."  These same managers who have shown common sense are also directed, when it is not in their authority, to cover for their superior's decisions.  

You see, it is stacked up against the BPA on purpose.

   State Of Things to Come

 

The United States Border Patrol has achieved great strides over the last twenty years. The agency that protects our Nation’s borders has established its own training academy in Artesia, New Mexico. This Federal Law Enforcement Training Center or FLETC is staffed by Border Patrol Agents and employees who are responsible for training men and women into becoming disciplined, honest and loyal Federal Officers. According to the Secretary of Homeland Security Janet Napolitano and the Chief of the Border Patrol Michael Fisher, “The border is safer and more secure than it’s ever been”. With the ever increasing threat of terrorist activity as well as the thousands of pounds of illegal drugs that infiltrate our country every year, it is no argument that the task of protecting these borders is dangerous. The fact that the Border Patrol has been able to make these great strides towards the control of our Nations Borders is due in no small part to the heavy presence of Border Patrol and Customs enforcement officers in these areas. These men and women who protect our borders have a camaraderie and trust unlike any other and this is seen throughout any hardship an agent is going through whether it is at work or in a personal capacity.

I am sad to inform you that all these gains are in danger of being washed away by incompetence and petty bickering. The Border Patrol has been taken over by human resource specialists and Labor Relations Specialists who often make final decisions regarding the livelihood of these men and women. Border Patrol Management no longer makes decisions but instead at best informs these specialists what decisions are desired. The Labor Relations Specialists or LRS’s then make every attempt to track down regulations and laws to support these views, even if integrity has been removed from the system. For example, an Agent is employed by the Border Patrol for 5 years and then he begins to struggle with alcohol addiction due in part by job related stress and depression. The given Agent is never disciplined and on his own decides to seek help, something that is not an easy task for anyone to do especially in law enforcement. The agent pays for his treatment on his own. The agent’s initial attempt at sobriety fails and the agent realizes he needs long term treatment. In the middle of a 3 month treatment, the agent is told to return to work. The agent then decides with doctors help that he may need long term treatment (one year) and requests leave without pay (in accordance with the Adults with Disabilities Act). The agent’s request is denied and the agent is ordered to discontinue treatment and return to duty immediately.

What type of manager makes this decision? One who is led around by the nose by Labor Relations Specialists?

Another example, you have a manager who is assigned on temporary detail to a department. The employees under his supervision have property stolen from their work area and suffer from depression and anxiety due to the stress. When the issue is brought to the attention of the command staff in an attempt to temporarily separate the employees for time to deal with the issues, the agents’ are told that while the situation is known as dangerous and toxic, no assistance will be given. Not only does the command staff offer no help or counsel regarding the problem, but they begin to investigate the employee who had property stolen from their work station and give an award to the manager for work he did not do.

What type of leader makes this decision? One who does not care about integrity as well as the health and well-being of his employees, but rather his ability to move up the so called “ladder” in his career?

Now let’s talk about sequestration. The Border Patrol was funded by continuing resolution so that Border Patrol Agents could be fairly compensated for the work that they perform. DHS, CBP and OBP have chosen to ignore this fact and continue to threaten Border Patrol Agents with decertification and furloughs. US Representatives have made it clear that DHS, CBP and OBP have poorly managed their budgets, yet managers are being promoted and more management positions are being created. Are you seeing the point here?

What type of manager continues along this path? One who is not being held accountable and is more concerned with protecting his position than protecting those who make his position necessary.

I am afraid this is the state of things to come. Command Staff from the top down has lost its will and ability to be leaders. They are more concerned with their reputations than doing the right thing because it is the right thing to do. It is clear that there are many great men and women in management but we must be aware of the type of individual that is being promoted at this time. The agency is whittling away managers who think for themselves because of pointless legislation. The men on the ground are not making the decisions at this time. There is a dangerous separation between agents who work hard on their feet to accomplish the Border Patrols Mission and the Command Staff. I hear every day how horrible morale is and how much distrust there is between the two entities. Border Patrol Agents feel betrayed and things must change quickly or not only the lives of these men and women may be at risk but the security of our Nation’s Borders may be as well.

Famous author Warren Bennis said, “Leaders are people who do the right thing, Managers are people who do things right.” What type of people do you want leading our men and women?