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?

San Diego Fallen Agents memorial 5k run June 8, 2013

The 2013 San Diego Fallen Agents Memorial 5K run and Kids 1 Mile Fun Run (formerly known as the Roberto Duran Run) is an easy course that winds along the international border access with views of normally restricted areas along the U.S. and Mexico border. This fun, family-oriented event is hosted by the Roberto J. Duran Scholarship Foundation.

 

Where: Las Americas Premium Outlet Center,
4445 Camino De La Plaza #350, San Ysidro, CA 92173en AgenMemorial 5K run and Kids 1  http://www.sdagentmemorialrun.com/ for more information.

Inter-Monthly Meeting April 24, 2013

An informational union meeting will be held near the El Cajon station at Filippis Pizza on April 24, 2013 at 3pm. The address is 10767 Woodside Ave in Santee.

This meeting has been scheduled to disseminate information. More meetings are to be scheduled near other stations within the sector at a later date.

Union Meeting April , 2013

The monthly union meeting will be held at 7pm on April 9, 2013 at The Handlery Hotel located at  950 Hotel Cir N San Diego, CA 92108. This months meeting will be attended by members of the National Border Patrol Council.

AUO cuts and Furloughs put on hold

A memo should be put out by the agency soon stating that they will be postponing their plan to decertify and furlough agents. This is a testament to all of the hard work that was done by Congress, representative, agents, family members and citizens. The word got out and the agency was placed in the spotlight. They were unable to explain themselves once again.

This is not over. We are like deathrow inmates who got a temporay stay of execution. It is a delay not a guarantee! We need to keep up the fight and keep the public and media involved and interested.

NBPC.net will be puting out more information soon.

Stay ready, Stay informed, Stay active!

NBPC member advisory letter.

http://www.nbpc.net/images/memberresources/MemberNotices/2013apr_cbppostpones.pdf