Merry Christmas and Happy New Year!

President Barack Obama Signs Into Law The Border Patrol Pay Reform Act

CLICK HERE - President Barack Obama Signs into law the Border Patrol Pay Reform Act

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Pay Reform Passes The House of Representatives

Union Meeting December 9, 2014

Tell the House of Representatives to PASS the Border Patrol Agent Pay Reform Act

Support Border Patrol Pay Reform

The Border Patrol Agent Pay Reform Act of 2014 (S. 1691) has passed the Senate. It will stabilize agent pay amid today’s uncertain budgetary environment and secure the hours necessary to protect the border. It’s time to tell the House of Representatives to pass its companion bill, the Border Patrol Agent Pay Reform Act of 2013 (H.R. 3463).

HERE'S WHAT YOU CAN DO NOW!

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 or against legislation. Do not use your government email address or government phone in contacting your Member of Congress..

Suicide Prevention for Law Enforcement (Video)

The job of a law enforcement officer takes a toll on you. Don't get caught in the "Fatal Funnel." We are family and help is available. Never believe that you are alone and have to get through this on your own. This is a great video that talks about what you can do to keep yourself mentally fit as well as what management can do to foster an atmosphere where it is ok to admit your temporarily not ok.

Breaking the Silence

Happy Thanksgiving from Local 1613

Thank you for all that you do. The holidays away from your families. The shift work. Most of all for risking your lives everyday for strangers not for recognition but because that is what we do! Have a Happy and Safe Holiday from all of us here at local 1613.

November 11, 2014 Election Results

President

Terry Shigg              63.5%

James Harlan           36.5%

1st Vice President

Robert Lopez            57.6%

Dan Mais                   42.4%

2nd Vice President

Thomas R. Ward Jr.        60.0%

Anthony Ponzio               40.0%

3rd Vice President   

Joshua Wilson        56.6%

Gabe Pacheco         43.4%

Secretary

Victor Cantu             55.2%

Christopher Harris   44.8%

Treasurer

Robert Cortez           (uncontested) elected by acclimation

  

Sergeant at Arms

Manny Bayon          62.1%

Everlyn Prado           37.9%

There was a total of 503 ballots cast.

Elected officers will be sworn in at the beginning of the general membership meeting at 7 p.m. on December 9, 2014.

Crown Plaza Hotel

2270 Hotel Circle North

San Diego, CA 92108

All elected officers serve a term of two years.

The Scheduled Date For The Ballot Mailing Is Friday

The scheduled date for the ballot mailing is Friday.

Everyone should know that they should receive their ballots between Saturday and Tuesday next week. After that, if they don’t have their ballot, they should call.

(866) 809-4711

kenny@trueballot.com

www.trueballot.com

Nominations as follows and have been accepted by the election committee:

Nominations as follows and have been accepted by the election committee:

President: James B. Harlen, Terry Shigg

1st VP: Dan Mais, Robert Lopez

2nd VP: Thomas R. Ward Jr. , Tony Ponzio

3rd VP:  Joshua Wilson, Gabe Pacheco

Secretary: Christopher J. Harris, Victor Cantu

Sargent at Arms: Manny Bayon,
Everlyn Prado 

INSTRUCTIONS FOR FILLING OUT THIS BALLOT WHEN YOU RECEIVE IT:

1. Remove your ballot from the outer envelope, and review the enclosed materials.

2. After removing your ballot, and reviewing the enclosed materials, mark the appropriate box next to each of your choices on the ballot by completely filling it in.  Vote for only the number permitted for each office.

3. When you have finished marking your ballot, separate it from the stub on the bottom of the ballot along the dotted lines where indicated and place the marked ballot into the solid envelope marked "SECRET BALLOT ENVELOPE", and seal it. 

4. Take the stub that was on the bottom of these instructions (now separated), and place it, along with the secret ballot envelope into the double window envelope     SO THAT THE ADDRESS AND BAR CODE SHOW IN THE WINDOW (as with a utility bill).  

5. Seal the double window envelope and mail.  (No postage is necessary if mailed in the U.S.A.) 

6. All ballots must be received by November 10, 2014, or they will not be counted.

7. If you lose your Business Reply Mail envelope, you may return the ballot using any stamped envelope to:

AFGE Local 1613

2014 Officer Election

P.O. Box 12888

El Cajon, CA  92022-9842

8. If you do not vote absentee, a polling place will be available for casting your vote from 8:00 AM to 6:00 PM on Tuesday, November 11, 2014. The polling location will be at the Crowne Plaza, 2270   Hotel Circle North, San Diego, CA 92108.

9. If you do not receive a ballot, or lose or spoil your ballot, you may request a duplicate by contacting 866 809 4711 any time during the day or night. A new ballot will be mailed within 24 hours. If you make a request after Wednesday, November 5, you may not receive your ballot in time to return it.

Union Meeting Tonight October 14, 2014 at: Crowne Plaza Hotel 2270 Hotel Cir N San Diego, CA 92108 General Membership: 7 pm Reps: 6:30 pm

FOLLOW-UP POST TO THE VRP and ROB

FOLLOW-UP POST TO THE VRP and ROB

What is the VRP?  On August 26, 2010, the agency and the NBPC entered into the most recent VRP agreement that continued a test program that was approved by Congress and that was intended to provide Federal Agencies and Federal Employees more move opportunities by decreasing the amount of money an agency would have to pay for relocations.  The test program expired on April 29, 2014, which also ended the negotiated VRP.  

Under the VRP, the agency identified vacancies at Border Patrol Stations and posted those openings on USA Jobs.  Agents were provided an opportunity to apply for the openings and were able to put in for a maximum of five locations. OPM compiled referral lists of all applicants by seniority and sent the lists to the selecting officials at the individual sectors.  On each referral list, the selecting official (management) was able to consider the top seven (7) names, which became the list of consideration, for the first vacancy. For each additional vacancy, one more name from the referral list was added to the list of consideration.  Management was able to select anyone from the list of consideration regardless of seniority.  

• Example:  Station “A” has two vacancies and 10 agents apply for those openings. Management would be given the referral list containing the names of all 10 agents but would only be able to select from the list of consideration or the top 8 agents based upon seniority. With their two selections, management would be able to choose the two most junior agents from the list of consideration even if those agents only had 3 years in the patrol and the most senior agents had 20 years in the patrol. Management would be required to take into consideration the seniority of all agents on the “consideration list,” but if they determined the junior agents were more qualified, management would be free to choose those agents.   

• Recent examples of how selections were made under the last few VRP announcements:  After management received their lists, they called the duty stations of the applicants to compile a matrix on each agent.  In many cases, they were looking for specific qualifications or certifications such as Firearms Instructors, Boat Patrol Certifications, Horse Patrol Certifications, etc., and they made their selections based upon those certifications and other factors, including overall seniority.  About 4 or 5 years ago, we saw a great many Firearms Instructors selected in the VRPs even though in many instances they were some of the most junior agents on the “consideration list.”  We also saw an awful lot of senior agents passed over because management claimed they weren't the most qualified agents when they made their selections.

Albeit a big factor, seniority isn't the only component to being selected under the VRP.

What is the ROB?  The Relocation Opportunity Bulletin is almost the same as the VRP.  The biggest difference is that the VRP is a funded program and the ROB is a non-funded program.  There are a few other subtle differences such as: 

• Agents will be able to apply for three locations instead of five. 
• Agents will be required to submit a resume. 
• There are no seniority limitations to make the consideration list.  Seniority will still be a factor and must be considered when making a selection, but it's not the only factor.

Another reason the ROB is considered a non-funded program is because it doesn't provide the same moving benefits as the VRP.  Under the VRP and prior to moving, an agent is given 5 days of admin leave to take a house hunting trip. At the time of moving, agents are given three more admin days to pack their household belongings and another three admin days to unpack upon arrival at their new duty location.  Agents are also given admin leave for travel to get to their new duty station, but there is no per diem.          

Most Commonly Asked Questions:  

Q.  Is the ROB a location swap program?

A.  No, you do not have to find someone to trade locations with you. It is an application and selection program just like the VRP.  It is anticipated that Nationwide ROBs will be announced on USA Jobs and that in sector ROBs will be announced via memorandum.

Q.  Is every station going to have slots available?

A.  Staffing levels are determined by the agency and, like the VRP, those levels will determine the openings.  

Q.  How many agents will be able to leave one station?

A.  Just like the VRP, there is no hard number.  Because this is a test program that will last only two years, and if the agency wants it to continue after the initial expiration, they will make proper selections regardless of the number of agents from one station that will be reassigned. 

Q.  How much time in service must an agent have to participate in the ROB?

A.  Eligibility begins once an agent is off probation.

Q.  If an agent accepts a ROB, is there a waiting period before an agent is eligible to apply for another relocation?

A.  Like the VRP, there is a two-year waiting period.

Q.  Will management prevent agents in focus sectors such as Tucson and RGV from being selected under the ROB?

A.  If management wants this program to continue beyond the initial two-year trial period, they will not exclude anyone from being selected. As management did with some provisions of the VRP, however, they can violate provisions of this agreement and the NBPC will have to take appropriate action. Unfortunately, there are no provisions the NBPC can add that will ensure management does not violate an agreement, but we retain the right to file grievances, ULPs and EEO complaints.

Q.  Can an agent apply for the same number of stations under the ROB as he/she could under the VRP?

A.  No, under the ROB an agent may apply for up to three stations per announcement and under the VRP an agent may apply for up to five stations per announcement.

Q.  Will the ROB inhibit or replace any other negotiated agreements, whether national or local.

A.  No, the ROB does not replace or inhibit any agreement already set forth.

Q.  Is the NBPC working on a location swap program?

A.  Yes, the NBPC proposed a location swap program to the agency more than a year ago and we're still in negotiations.

As you can see, the ROB is an inferior program when compared to the VRP, just like the VRP is an inferior program to fully funded moves, but when the ROB is coupled with the VRP and hopefully a location swap program in the near future, the possibility of agents being able to move will be greatly enhanced.  We haven't had any mobility announcements in almost three years and this agreement ensures there will be regular mobility opportunities for the next two years.  If you have any other questions, please get with your local and they will get you an answer.  

Brandon Judd

President

National Border Patrol Council

Town Hall Informational Meetings October 7, 2014, 6 pm, at La Bella Pizza Garden - 373 3rd Ave Chula Vista, CA 91910 October 8, 2014, 6 pm, at ACES Comedy Club - 39745 Avenida Acaias, Murrieta, CA 92563 Purpose: Legal update on lawsuit from lawyers who represent the union.

Official Nomination Notice

BPAPRA FAQ# 2

QUESTION: Will Agents have to make up hours if they take AL or SL?

ANSWER: Page 11 (F) says that "if the border patrol agent is absent during SCHEDULED overtime described in subparagraph (A)(ii) the border patrol agent shall accrue an obligation to perform other overtime work for each hour (or part thereof) the border patrol agent is absent.  If you take AL or SL you are no longer scheduled to work OT.  But like AUO, if you take a partial day, you will have a requirement to make the time up.  The report language clarifies and makes sure this section is administered properly and it says:  If an agent is absent during scheduled overtime, he or she will accrue an obligation to perform other overtime work for each hour he or she is absent. The intent of this section is not to penalize Border Patrol agents who can otherwise use allowable leave to cover absences during regularly scheduled workdays, but rather to provide a mechanism for allowing agents who must take unanticipated leave in the middle of a regularly scheduled workday to make up the overtime hours that they did not work that day. 

Need To Update You Mailing Address With Local 1613?

RELOCATION PROGRAMS WILL OPEN TO ALL BORDER PATROL AGENTS RESULTING IN INCREASED MOBILITY AND BETTER MORALE

Hello All,

Finally some good news from the National.  Please read the below message.  I was just contacted by Brandon Judd President of the National.  They have worked out transfer opportunities for employee paid relocation as well as a new VRP.  The VRP is pending approval from congress.  Please read the message below for the details.  Any questions please let me know.  

James Harlan
President
Local 1613

RELOCATION PROGRAMS WILL OPEN TO ALL BORDER PATROL AGENTS RESULTING IN INCREASED MOBILITY AND BETTER MORALE

We are pleased to inform you that the Union and Management have agreed to open up two relocation programs. These two programs could start as early as next month.  They are the Voluntary Relocation Program (which originally expired on April 29, 2014) and a new program that will be called the Relocation Opportunity Bulletin (ROB). 

The main difference is that the VRP is a funded program that pays agents to move, whereas the ROB is non-funded and agents will be required to fund their own moves. The ROB will be in place for two years, after which, the NBPC will be able to evaluate and renegotiate if necessary.  The ROB will expire on September 30, 2016. The VRP requires Congressional approval, which the Union and the Agency are currently seeking.  We hope to have a quick resolution to the approval issue so that both programs will move forward expeditiously.  

Under these two programs move opportunities will be announced every quarter, which will greatly enhance the chances for mobility to a far greater number of agents. The VRP and ROB will alternate quarter to quarter and we anticipate that moves under the ROB will be announced in a few weeks while we await Congressional approval for VRPs.  Because moves under the ROB are non-funded, agents may exclusively apply for relocations under the VRP.  Agents selected under the VRP will receive lump sum payments to help with move expenses.  

The VRP Lump Sums pre tax are:

    1.    Multiple person household who own a home - $35,275
    2.    One person household and own a home - $27,375
    3.    Multiple person household who do not own a home - $16,850
    4.    One person household and does not own a home - $8,950

We will update the moment VRP approval is given by Congress.  

BPAPRA FAQ#1

QUESTION: As per the bill and starting on page 24 under subparagraph (e), the comptroller general will do a comprehensive review of all positions and if they determine that we don't need OT, the agency can take it away. 

ANSWER: This subparagraph does not give the agency the right to drop agents in pay.  At best, Congress would have to pass another law rescinding this law.   Also, the intent of this section was specifically put in there to show that if the agency hired the personnel it would take to patrol the border, it would cost a lot more money.

BPAPRA Passes the Senate

The National Border Patrol Council would like to thank Senators Tester and McCain for reaching across the aisle and sponsoring the bipartisan Border Patrol Agent Pay Reform Act.  The BPAPRA was combined with the Cybersecurity Authorization today and it made it past the Senate and has now been sent to the House for consideration.  We still have a lot of work to do as this is not yet a done deal.  But we are grateful for all of those elected representatives that put an awful lot of work into getting this through the senate.  Along with Senators Tester and McCain, we would also like to recognize and thank Senators Cornyn, Heitkamp, Ayotte and Flake for co-sponsorsing this important legislation.

Brandon Judd
NBPC President

DECERTIFICATION of Range and DTAC staff

Labor Employee Relations (LER) informed NBPC Local 1613 on September 12, 2014 that Frank Cruz would be discussing decertification of Range and DTAC staff personnel with the affected bargaining unit members.

VP Dan Mais went to the range and sat in on that discussion. Julie Abad and Frank Cruz gave a brief explanation and said management wanted a decision by this Friday as to whether the Range/DTAC staff would be returning to linewatch duties or if they were going to stay on their detail and earn FEPA (OT).  VP Mais then asked Frank and Julie to clarify if the FEPA was guaranteed, for how long it would be available and how many hours a pay period. Mr. Cruz admitted they didn't know. Mr. Cruz also admitted agents wouldn't necessarily be allowed to work 17 hours of FEPA per pay period.

VP Mais later pointed out that if an agent were to choose to stay at the range and earn FEPA, periods of Annual Leave (AL) or Sick Leave (SL) would cause a major pay loss compared to if the agent chose to work AUO instead.  They admitted this was true.

A pay period of AL under FEPA would result in a pay loss of $1016. Under AUO, it would only result in a loss of $226.

This notice is simply to make our members aware that if they choose to stay at the Range or DTAC they will lose money. There is no guarantee they will be allowed to work OT and if any form of leave is taken it will also result in a pay loss. The union is researching possible challenges to these decisions. We will notified you as soon as we file any and all challenges.

It is ultimately your decision but be informed!

Union Meeting September 9, 2014

Stand Up and Vote 2014

The outcome of this November’s election could hit government employees in the pocketbook. That’s why it’s more important than ever that we Stand Up and vote this November. Care about your paycheck?

Demand To Bargain

Intra-Sector swap program and voluntary physical fitness program.

Sign Up Forms For Lawsuit

Below is a link to the consent and retainer form to be party to a lawsuit that is going to be filed in federal court to recover overtime pay for unpaid work time.

Consent and Retainer Form

NBPC Local 1613 Union Picnic

NBPC Local 1613 Union Picnic
Saturday September 20, 2014 at 10:00 AM
Mountain Hawk Park 1475 Lake Crest Dr.
Chula Vista, CA 91915
Union sponsored food and drinks
Family and friends invited.
Gazebo MTN-1

Walking The Line "Roberto's Gate" NBPC VP Shawn Moran

Walking The Line "Roberto's Gate" - NBPC VP Shawn Moran

Union Meeting August 12, 2014

San Diego Fallen Agents Memorial 5K Run — at Las Americas Premium Outlets. August 23, 2014

San Diego Fallen Agents Memorial 5K Run — at Las Americas Premium Outlets.

Saturday, August 23, 2014

At Las Americas Premium Outlets in San Ysidro, CA

5K starts at 8:30 AM

Kid's 1 Mile Fun Run at 9:30 AM

Kid's Activities and more!

Pre-Registration $25

Day of Race $30

Kids 1 Mile Fun Run $15 (Anytime)

Find out all the details and pre-register at:

www.alegacyofhonor.org/race.html

REGISTER FOR THE FUN RUN HERE*

NBPC 1613 San Diego, CA 2014 - Bylaws - 30 Day Notice August 8, 2014 - 8:27 PM

LINK TO - NBPC 1613 San Diego, CA 2014-Bylaws-Draft July 24

This shall be considered the 30 day notice from August 8, 2014 - 8:27 PM

Members of Local 1613 shall be voting to approve these bylaws at the local union meeting on September 9, 2104.

The Bylaws Committee of NBPC 1613 San Diego, CA has concluded their research, findings, and recommendations to modify or change the existing Bylaws from the 1990's. Please understand that these changes to Bylaws were drawn up for the good of the Local in good faith and are meant to be examined by members of Local 1613.

Press Release

Local 1613 Union Meeting Tuesday July 8, 2014

Union Meeting

Tuesday July 8, 2014 at 7:00 pm

Crowne Plaza Hotel

2270 Hotel Circle North

San Diego, Ca. 92108

Public Safety

Pending arrival of RGV UAC's Health Alert and precautionary protocals

Due to the pending arrival of UAC’s from RGV, The National Border Patrol Council Local 1613 is suggesting the following protocols for the safety of our agents as well as the detainees.

1.      All Agents should bring a second set of clothes (Including socks and shoes) to the station. Change clothes prior to going home so that you can minimize the chances of infecting any of your family or friends.

a.       We will be looking into getting coveralls or some other form of outer clothing for agents.

b.      We will also be looking for a way to launder your clothing so that you don’t have to take it home.

c.       Place clothing in a plastic trash bag and take directly from the bag to the washing machine.

d.      If possible we recommend showering at the station after each shift before going home.

2.      All agents should get tested for TB in order to ensure you have a baseline.

a.       We will be working with the agency to get occupational health out to provide testing.

b.      In the meantime go to your personal health care provider and get TB test done.

3.      Agents should refrain from touching there nose, mouth or eyes when processing.

4.      All bedding and clothing should be handled with protective equipment (gloves) and placed in specifically designed containers (i.e. plastic bag) and laundered ASAP.

5.      Gloves should be worn at all times and changed frequently. Hand sanitizer should be used between changing gloves.

6.      Educational material will be distributed in order to assist agents with the identification of communicable diseases.

7.      Cells should be disinfected regularly.

8.      All detainees who are suspected or report having communicable disease will be documented and reported to a supervisor as soon as possible.

9.      All detainees should be given vaccinations before being released into the communities.

10.  If there are any supplies you believe you need and the service has not provided contact the local union health and safety officer and we will look into purchasing those items directly.

11.  If you have any concerns please contact your local health and safety officer and we will address the issue and get back to you ASAP.

Below are recommendations from the Center for Disease Control on preventing and controlling Transmissible Diseases. We will be contacting command staff to ensure they are aware of these recommendations.

The intervention measures reported to be efficient for the control and the prevention of common transmissible infections. Depending on the populations targeted, these interventions may include education, chest radiography screening for tuberculosis, directly observed therapy for tuberculosis treatment, improvement of personal clothing and bedding hygiene, and widespread use of ivermectin for scabies and body louse infestation. Systematic vaccination against hepatitis B virus, hepatitis A virus, influenza, Streptococcus pneumoniae, and diphtheria is strongly recommended.

Senate HSGAC pass S. 1691 BPPRA

On June 25, 2014 the Senate Homeland Security and Governmental Affairs Committee approved S. 1691, the Border Patrol Pay Reform Act. The bill now goes to the full Senate for a vote. This is a significant win for Border Patrol Agents. No significant changes were made to the bill. Although there were some last minute attempts to amend the bill.

“Border Patrol agents are deeply grateful to Senators Tester and McCain. They stepped up to take action on a measure that will simultaneously improve security at the border and raise the morale of the workforce,”

“We urge swift Senate passage of the bill, and ask the House to take up the Senate-passed measure immediately.

NBPC President Brandon Judd.

We are not out of the woods yet and we need to continue the fight. If you would like to join the AFGE PAC to assist even more, follow the link below.

www.AFGE.org/mypac

San Diego Agents Bound For Texas

DEFENDANT EXTRADITED TO FACE CHARGES IN BORDER PATROL AGENT BRIAN TERRY MURDE

National Border Patrol Council, Union And U.S. Customs and Border Protection, Agency. Office of Public Affairs Directive Arbitration FMCS No. 090926-61285-A SETTLEMENT AGREEMENT

Injured Woman Rescued - Otay Mountain

Message From The President Local 1613

Officer Safety

FACTS YOUR AGENCY DOESN'T WANT YOU TO KNOW

With a little preparation and knowledge you will be able to confidently claim and get paid for your Temp Duty (TDY) expenses.

CLICK ON THE LINK BELOW:

FACTS YOUR AGENCY DOESN'T WANT YOU TO KNOW

Use Of Force Must Match The Threat

National Border Patrol Council

March 19, 2014

Use of force must match the threat

EXPRESS-NEWS EDITORIAL BOARD : MARCH 18, 2014

SAN ANTONIO — “But in terms of them saying rocks don't equate to gunfire, we are diametrically opposed.”

Those were the words of Shawn Moran, vice president and spokesman for the National Border Patrol Council, the union for Border Patrol agents. He was reacting to guidelines issued for agents on the use of force.

In his words might be the seeds of the problem. And why the Border Patrol should issue stricter rules.

Rocks aren't bullets, in the level of threat posed or the likelihood of causing serious injury or death. Rocks can be deadly but not as reliably so as bullets. Rocks can be dodged. Less so with bullets.

Firing on moving cars is also hard to justify for a number of reasons, which is why a whole lot of police agencies tell their officers not to do it. Think unguided missile after a bullet takes out the driver.

Border Patrol chief Michael Fisher's directive advises agents to seek cover from rocks thrown by people across the border.

Good, but this followed last month's Los Angeles Times article about a report on the agency's use of deadly force. Among the findings: Agents were standing in front of fleeing vehicles, seemingly as pretext to shoot. The report, by the Police Executive Research Forum at the Border Patrol's request, examined files on 67 shootings, resulting in 19 deaths, from January 2010 to October 2012.

According to a San Antonio Express-News article by Jason Buch, Fisher placed the agency's figures at 10 dead in 43 instances of deadly force since 2010. In that period, agents were assaulted with rocks 1,713 times. Fisher's directive on seeking cover from rocks reflects a basic principle — the level of force applied must match “the totality of circumstances.”

This obviously applies in the matter of fleeing vehicles, which is why a thorough use-of-force policy Fisher promises should spell that out.

But why, by the way, did it take a newspaper to release that use-of-force report, not the agency?

The report's suggestion that the Border Patrol does not adequately investigate use-of-deadly-force incidents also requires a response and, if true, a remedy.

Union Meeting

Chief Beeson To Attend Muster

President James Harlan NBPC 1613

NBPC 1613

It Begins

DE-AUTHORIZATION OF AUO BEGINS

A U.S. Senate hearing was held on January 28, 2014 regarding alleged abuses related to Administratively Uncontrollable Overtime (AUO) within the Department of Homeland Security. Carolyn Lerner of the Office of Special Counsel (OSC) testified that since last month’s U.S. House hearing, she substantiated another four cases of AUO abuse within DHS.  In response to her investigations, on the same date of the hearing, DHS Secretary Johnson announced and implemented the de-authorization of the use of AUO for certain positions within the Office of Border Patrol (OBP), the Office of Air and Marine (AMO), and the Enforcement and Removal Office (ERO).  The U.S. Citizen and Immigration Service (USCIS) de-authorized the use of AUO late last week for all of it's employees who had previously been certified.  This de-authorization is the tip of the iceberg as Mrs. Lerner continues her investigations. The first phase of the de-authorization announced yesterday specifically targeted areas that OSC identified in its 2008 and 2013 reports.  The only exceptions were the Laredo North and Lyndon (now presumed to be Sumas) Washington, Border Patrol Stations.  Due to the field activities being performed at the two stations, a waiver was requested, and the Union will learn more about the waivers this Friday. There is no doubt that these stations perform work that qualifies for AUO and therefore, de-authorization is not appropriate. As such, If DHS denies the waiver request, the Union will have no choice but to take appropriate action, which in turn will cost the Agency a substantial amount of money in lost wages and attorney's fees when the Union prevails.   The OSC investigations have also caused DHS to look at all positions earning AUO and as Mrs. Emerson testified yesterday, a position-by-position analysis for all components is due by February 15.  This position-by-position analysis will no doubt show that non-FLSA earning managers do not qualify for AUO.  Due to DHS using OSCs interpretation of AUO, many essential support positions filled by bargaining unit employees will also not qualify for AUO, such as but not limited to:  Training instructors, intel, vco, prosecutions, data management, sector details, public relations, liaison units, and checkpoint operations (unless working walk-arounds or similar activities).  Although these positions provide essential support to the field, the Agency will have difficulty filling these positions in the future if they are now ineligible for AUO. Furthermore, DHS is putting together a list of acceptable activities allowable under their interpretation of the law that can be performed during AUO.  In a nutshell, if it isn't irregular and can be controlled by scheduling, it isn't AUO. Example: If agents on swing shift at station B are constantly chasing groups of illegal aliens and narcotics traffickers at the end of their shift that causes them to REGULARLY work AUO it is deemed a scheduling issue and the agency must adjust accordingly. The ramifications this will have on the security of our nation’s borders are huge.  The decision by DHS to interpret the AUO law based on the direction of OSC will be equivalent to the loss of at least 5,000 full time employees. In addition to the loss of 5,000 agents, the Agency will be forced to create at least four shifts at every station, which will reduce the number of agents in the field at any given time further causing the loss of an additional 1,500 agents and unnecessarily jeopardizing the safety of the agents.  The total net loss will be 6,500 agents for a manpower intensive strategy. Congress mandated that the Border Patrol maintain a workforce of at least 21,370 agents to cover all of the land borders of the United States.  They did this knowing agents have always worked ten-hour days. Notwithstanding Congress’ intent, these hours will now be cut to eight. Under these extreme cuts, our agents will never be able to secure the borders and the American public will suffer. This is unacceptable, and we are working as hard as we can to convince the appropriate authorities that this is not the way to do business!

San Diego Sector AUO

NBPC AUO

BPA Mike Tyler IMB

Maintain AUO At Upper Percent Levels

Union Meeting