Please Help Support Murietta agent Pete Adamo

NBPC Local 1613 sends our condolences to Murietta agent Pete Adamo who lost his infant son Michael to a prolonged illness over the weekend. ‪

Please click HERE to make a funeral donation.

Local 1613 Standing up for Border Security

Last week Local 1613 Vice President Joshua Wilson appeared live on Boston's WMEX1510 radio and spoke with host Michele McPhee about border security.  The streaming audio can be heard HERE

CBP is FAILING

The recently completed Body Worn Camera feasibility study report issued by Commissioner Kerlikowkse is a perfect example of the dysfunctional operations within CBP. BWC’s are but one piece of equipment that has come to the forefront in regards to Border Patrol Agents. CBP continues to focus its efforts on appeasing special interest groups rather that improving the efficiency, safety and morale of the men and women who risk their lives every day protecting this country.

CBP needs to meet its obligation to these men and women by providing the infrastructure, equipment and training necessary to allow the Border Patrol to continue to evolve as a  professional law enforcement organization. This cannot be done by simply placating the masses. Decisions need to be made and a commitment to the well-being of the country and the agents is critical.

Border Patrol Agents need:

1. Updated technology;
1. Radios
2. Cameras
3. Vehicles
4. Weapons (to include less lethal devices)
2. A negotiated contract
1. CBP needs to stop stalling and resume face to face negotiations
2. Stop allowing LER to run the show
3. A wellness program that provides confidentiality.
4. Improved training.
5. Increased manpower.
6. A new Chief who will make enforcement of US Immigration laws a priority. 

The Border Patrol is steeped in tradition and a culture that is slow to change. This culture is endangering the lives of the American public and the Agents in the field. CBP must change course and address the threat of political correctness and pandering. CBP has a duty to give every agent the necessary resources to protect this country and themselves. CBP is failing in that regard and it needs to change.

Local 1613 December Membership Meeting

What: NBPC Local 1613 Monthly Membership Meeting
When:Tuesday December 8, 2015 7:00p.m.
Where:Crowne Plaza Hotel 2270 Hotel Circle North San Diego California 92101

This will be strictly an informational meeting. No motions or voting will be entertained.

Help BPA Alex Urzua Fight Spinal Cancer

Alex's Fund for Cancer Treatment

Alex Urzua was diagnosed with Stage II Ependymoma Cancer in June of 2014. In September of 2014, a malignant tumor was removed from Alex’s spinal cord. In January of 2015, Alex was informed that he had another malignant tumor on his spinal cord, but this time the tumor is inoperable. Doctors have decided that the best course of action is for Alex to receive proton therapy radiation to treat the tumor. Alex’s insurance has denied their claim and several appeals for the proton radiation treatment. He is going to move ahead with treatment in December regardless of coverage.  The estimated cost for treatment is $50,000.

Alex is a loving husband, a well-respected co-worker, and a gentleman. His humble personality has stopped him from asking anyone for help, so his friends and co-workers are banding together to raise the money he needs for this life-saving treatment. Getting Alex cancer-free will mean an immense amount to his friends.  It will mean EVERYTHING to Alex and his wife.

Click HERE To Donate

NBPC Local 1613 November Membership Meeting

What: NBPC Local 1613 November Meeting
When: Tuesday November 10, 2015 @ 7:00 p.m.
Where: Crowne Plaza Hotel 2270 Hotel Cir N, San Diego, CA 92108 

Border Patrol Agent Lonnie Swartz (MUR)

All,

Border Patrol Agent Lonnie Swartz was suspended without pay recently for an alleged on duty officer involved shooting. He was exonerated by several different agencies but circumstances have changed three years later.

Since Lonnie has been suspended without pay, you can help by contributing to his cause. An account has been opened at Cabrillo Credit Union in San Diego, CA Account#246550-00 on his behalf.

Thank you in advance for your support.

National Border Patrol Council Joins Boycott of Quentin Tarantino Movies

Leaders of the National Border Patrol Council, the union that represents more than 16,500 men and women who protect our nation’s borders, expressed their outrage at Quentin Tarantino, who last Saturday joined a New York protest of police brutality and called police “murderers.”

The Hollywood filmmaker’s words and actions are “a disgusting and dangerous insult” to all law enforcement officers, said NBPC president Brandon Judd. The Border Patrol, he pointed out, is one of the nation’s largest law enforcement agencies.

“We stand strongly in support of our brothers and sisters in uniform who have called for a boycott of Tarantino movies,” Judd said. “His hateful words, spoken just four days after a NYPD officer was gunned down in East Harlem, will only embolden those who would do harm to police officers. Aren’t we a big enough target already?”

The NBPC is proud to join the nation’s five largest police unions, all of which have called for a boycott of Tarantino’s work, including his upcoming movie, “The Hateful Eight.”

Judd said he agrees wholeheartedly with the Los Angeles Police Protective League, which issued a statement saying "Tarantino took irresponsibility to a new and completely unacceptable level.”

http://www.bpunion.org/newsroom/press-releases/1808-national-border-patrol-council-joins-boycott-of-quentin-tarantino-movies

Local 1613 Newsletter

 

 National Border Patrol Council Local 1613 Newsletter
November 2015
Click Here

Nationwide Swap Program UPDATE

This message is in regards to those employees that have been paired and their match has either; not responded or declined the Swap (negatively impacted).

Your name will not be forwarded to DC at this time. 

Also, those that declined will still be eligible for the next round of SWAPS.

Agents negatively impacted will be put back into the program and we will try to get them another pairing (one last try). But we should remember, this is done by computer and once again, everything will be done by seniority. There is a good probability that some of these Agents will not get another pairing. We hope to have round 2 out by the end of next week.

You will not be guaranteed another offering or the same station that was given to you last time.

If you are paired again, you will be notified via email.

Over 40 Agents who did decline, did so because they have already accepted a ROB or VRP.

Out of the 386 pairings (772 Agents); 138 denied the pairing, but some of them cancel each other out (both denied the pairing).

Border Patrol Agent Alex Urzua

CAO PAIC D. BeMiller refuses to play by the rules.

Campo’s PAIC David BeMiller has stated that he does not have to and will not abide by the stations DMT because he doesn’t like it! Apparently BeMiller believes that he can ignore the agreements he does not like. He believes he knows what's best and he's going to do it his way whether we like it or not. The DMT has been in place for years and has governed selections with transparency and fairness. BeMiller has decided he’s going to fix it and do it his way. This is the same attitude we dealt with at Chula Vista when PAIC Parks decided to implement his TEAM concept. Parks thought he knew better and the union fought him and won. We will fight this decision by BeMiller and we will prevail. 

OPM BPAPRA Regulations Cheat Sheet

NBPC is working on legislative solutions to certain aspects such as AWS. The regulations also refer to portions being subject to impact and implementation bargaining. Such as time limits to make up "debt hours."

To read full OPM final regs click here.

Here are some of the highlights to the OPM final regulations.

Take effect first pay period of 2016 (January 10, 2016)

Agents will select a level once a year.

·        Must be provided selection form by November 1^st

·        Elections made no later than December 1^st

90 % must be at level 1 at each location

Payable during paid leave or other supplemental pay

Hours in excess of level if scheduled will be OT, if unscheduled will be Comp time.

Comp Time.

·        Max 240 per year

·        Max 10 hrs per pay period

All PA’s are FLSA exempt

Title 5 premium cap applies

OT is either approved after the fact or ordered in advance

Instructors and administrative positions

·        Assigned basic tour (40 hrs)

·        Can be assigned level 1 or 2 based on “comprehensive staffing analysis.”

·        This level assignment may be delayed 90 days if agent on detail.

“Unable to perform “ OT

·        Law enforcement authority revoked

·        Inability will last for an extended period of time

·        Any other appropriate reason as determined by CBP

·        CBP must delay “effective day” (level drop) if due to on the job injury covered by OWCP.

·        May delay effective date for LWOP under FMLA

·        CBP may use this provision to allow agents to voluntarily drop levels due to personal circumstances.

BPAPRA and retirement (high 3)

·        Computed with the avg OT% on or after Jan 10, 2016 or

·        The avg of all time in service (continuous 36 months).

Paid Leave

·        An Agent will receive the applicable OT supplement (25, 12.5, 0).

Canine Handlers

·        Will be level 1

·        1 hour per day for care of k9 will be considered part of 20 hours scheduled OT (nothing in regs say they can’t work more than 20).

Debt hours

·        No time limit to when they must be made up

·        Agency can schedule the OT to be made up

AWS

               Not allowed

Official Time

·        If not performing specific tasks as mentioned in regs union official will accrue “debt” hours.

MUR Command Staff puts up temporary checkpoint!

This sign was posted on the doors to the entrance where the command staff has it’s offices at the MUR station. Really is this how we deal with employees now. Just lock them out and everything will be ok! No, there is no construction going on. Come on man!

Local 1613 membership Meeting

National Border Patrol Council
Local 1613
September Membership Meeting

When: Tuesday September 8,  2015
             7:00 p.m.
Where: Crowne Plaza Hotel
              2270 Hotel Circle North
              San Diego California 92101

National Border Patrol Council Local 1613 August Membership Meeting

When: Tuesday August 11,  2015
             7:00 p.m.
Where: Crowne Plaza Hotel
              2270 Hotel Circle North
              San Diego California 92101

NBPC National President Brandon Judd will be in attendance.

NBPC Local 1613 Facebook Page

Like Us on FACEBOOK

Get all the latest updates, Local 1613 photos, and news stories on Facebook by clicking HERE.

CBP To Implement High Five Program...Yawn

Link to Official NBPC Statement at www.bpunion.org

Recently, the National Border Patrol Council was notified of U.S. Customs and Border Protection’s intent to implement a recognition program amongst employees.

It is called the “High-Five” program, which is ironic since that is what they wanted to call a watered down retirement program for employees and “is expected to foster a sense of teamwork, help build good morale, and promote employee engagement, and will be made available to all CBP employees.  To recognize a colleague’s exemplary efforts, employees can access the “High Five” webpage to select a recognition category, and include a personalized message that will be delivered to the recognized employee by e-mail.”

At this moment of all-time low morale due to pay cuts, curtailment of enforcement operations, and a blatant disregard for the rule of law by the Obama administration, it is shameful how CBP will attempt to pacify its employees, who know the failings of this agency the best, with a meaningless and hollow rewards program. The gold stars handed out in elementary schools have more meaning and value than any kudos brought forth by CBP.

In the spirit of the program, we thought we’d hand out our own “High-Fives.”

• President Obama: Thanks to your non-enforcement of this nation’s immigration laws, especially in the Rio Grande Valley Border Patrol Sector, resulting in thousands of families and children over-running the border…with nearly all of them still here.
• Secretary Johnson: High-five for successfully destroying what little morale remained within DHS. You’ve managed to keep us at the bottom of the barrel of job satisfaction amongst all federal agencies.
• Commissioner R. Gil Kerlikowske: Here’s an award for telling us how you really feel about employees when you said, “If some of these folks are so unhappy, they really need to reassess what they do and where they are.” Your 30+ years of law enforcement experience have really taught you how to inspire your subordinates!
• Chief Michael Fisher: You get a “High-Five” for your math skills. Even when objective measurements show us to be less than 50% effective, your calculations state they we are 78-79% effective with 95% accuracy! In some worlds 1+1 really does equal 4.

Since Secretary Johnson is busy creating programs like “High-Five” and ignoring the real issues, we offer these solutions to strengthening border security and improving employee morale.

Take the leash off of the Border Patrol. Let Border Patrol agents do their jobs and enforce the laws on the books.

Protect those who protect this nation. Implement a zero-tolerance policy for those who assault Border Patrol agents.

Stop sacrificing Americans upon the altar of political correctness. American demand secure borders and the removal of those who break our immigration laws. End the Priority Enforcement Program and sanctuary city policies.

Stop scape-goating Border Patrol agents to appease special interest groups. The U.S. Border Patrol is a model law enforcement agency that uses force only when needed and that serves both this nation and the communities in which our agents work. Supporting the narrative espoused by pro-illegal immigration groups negates the good work done by agents.

We look forward to a time when DHS and CBP will take border security seriously and work with the agents standing watch on the front lines. Our agents don’t need an e-mail from a manufactured program to reinforce their worth, the thanks of a grateful nation and support of fellow agents on the border will suffice. Let us know when you’re ready to talk about real issues and problems, until then you can keep your trinkets and gold-stars.

Physical Fitness Program

National Border Patrol Council Statement on Trump's Visit to Laredo

After careful consideration of all the factors involved, the National Border Patrol Council has called for and local 2455 has agreed to pull out of all events involving Donald Trump.

Trump’s comments deriding the military service of our friend John McCain are disrespectful not just to the Senator but to all veterans, many of whom serve as Border Patrol agents.

Link to NBPC statement at www.bpunion.org

As a presidents of NBPC affiliated local unions, we have a duty to support and protect the men and women who protect our borders. Make no mistake, our border with Mexico is not secure and there’s no doubt that we need to have an honest discussion about that with the American people. Unfortunately, Trump’s comments have created an environment hostile to that conversation.

If the president of Local 2455 had consulted with NBPC leadership or any of the other 15 local union presidents, he would have realized that appearing with Trump might imply that the NBPC was endorsing his presidential candidacy. Just to be clear, an endorsement was never discussed, much less offered.

A campaign-style visit by Trump to Laredo at this time would only serve as a distraction from the important work our agents do daily to secure the border. For these reasons, we are pleased that Local 2455 will not participate in any events with Trump.

Brandon Judd, President NBPC
Anthony Fiorita, President Miami Local 3725
Art Del Cueto, President Tucson Local 2544
Brett Worsencroft, President Yuma Local 2595
Christian Porras, President, Swanton Local 2266
Jon Anfinsen, President, Del Rio Local 2366
Lee Smith, President, Big Bend Local 2509
Kylie Johnson, President Grand Forks Local 2789
Lombardo Amaya, President, El Centro Local 2554
Michael O’Connor, President, Buffalo Local 2724
Mike Cox , President Blaine, Spokane and Havre Local 2913
Paul Perez, President, Rio Grande Valley Local 3307
Rob Mcardle, President Houlton Local 2349
Rob Russell, President, El Paso Local 1929
Terence L. Shigg, President, San Diego Local 1613

Message from NBPC Local 1613 President Terry Shigg

Ladies and Gentlemen,

I would like to invite you to our monthly meeting on

Tuesday July 14th at 7:00 p.m.

Crowne Plaza Hotel

2270 Hotel Circle North

San Diego, CA

Here are a few topics of discussion for this meeting:
OPM's guidance on the BPAPRA
OPM data breach and possible lawsuits
Physical Fitness Program
Job Swap
New website
Arbitrations update

At this meeting there will be:
No Alcohol
-No union bar tab
-No alcohol in the meeting room
No Vouchers handed out
-Treasurer will be absent and I will collect all vouchers.
-Be advised we will be instituting new voucher procedures soon.
Disruptive members will be removed.
-This will be done in accordance with Roberts Rules of Order.

The meeting will  be audio taped.

It is unfortunate, but we will have to take stronger measures to minimize the possibility of events that reflect negatively on the membership as well as possible civil litigation.

I personally apologize for anything that has occurred that has done this in the past and I will take all necessary steps to ensure it does not happen again.

Thanks,

Terence L. Shigg 

President

National Border Patrol Council, Local 1613 

National Border Patrol Council  Vice President, West

NBPC Local 1613 Monthly Membership Meeting

When: Tuesday July 14th,  2015
             7:00 p.m.
Where: Crowne Plaza Hotel
              2270 Hotel Circle North
              San Diego California 92101

There  will be no  bar tab this month.Reminder: No alcohol is allowed in the meeting room.The will be no voucher checks handed out at the meeting.Anyone who is disruptive will be removed.The meeting will be audiotaped.

Local 1613 Quarterly Newsletter

Click HERE to read the signcutter

Local 1613 Picnic Saturday June 20, 2015

OPM Releases Proposed Regulations for Border Patrol Agent PayReform Act

http://www.bpunion.org/legislative-affairs/legislative-advisories/1783-opm-release-proposed-regs

Border Patrol agents, facing scrutiny over shootings, have harsh words for their leaders

http://www.latimes.com/nation/immigration/la-na-ff-border-patrol-agents-20150617-story.html

NBPC Local 1613 June Meeting

NBPC Local 1613 Monthly Membership Meeting Tuesday June  9th, 2015 at 7:00 p.m.

Where:  Crowne Plaza Hotel
              2270 Hotel Cir North

              San Diego, CA 92108

When:   Tuesday June 9th, 2015

              7:00 p.m.

Office of Personnel Management Data Breach

The U.S. Office of Personnel Management (OPM) recently became aware of a cybersecurity incident affecting its systems and data that may have compromised the personal information of current and former Federal employees.

Within the last year, OPM has undertaken an aggressive effort to update its cybersecurity posture, adding numerous tools and capabilities to its networks. As a result, in April 2015, OPM became aware of the incident affecting its information technology (IT) systems and data that predated the adoption of these security controls.

Since the incident was identified, OPM has partnered with the U.S. Department of Homeland Security’s U.S. Computer Emergency Readiness Team (US-CERT), and the Federal Bureau of Investigation to determine the impact to Federal personnel. And OPM immediately implemented additional security measures to protect the sensitive information it manages.
Beginning June 8 and continuing through June 19, OPM will be sending notifications to approximately 4 million individuals whose Personally Identifiable Information was potentially compromised in this incident. The email will come from opmcio@csid.com and it will contain information regarding credit monitoring and identity theft protection services being provided to those Federal employees impacted by the data breach. In the event OPM does not have an email address for the individual on file, a standard letter will be sent via the U.S. Postal Service.

In order to mitigate the risk of fraud and identity theft, OPM is offering affected individuals credit monitoring services and identity theft insurance with CSID, a company that specializes in identity theft protection and fraud resolution. This comprehensive, 18-month membership includes credit report access, credit monitoring, identity theft insurance, and recovery services and is available immediately at no cost to affected individuals identified by OPM.

Additional information is available beginning at 8 a.m. CST on June 8, 2015 on the company’s website, www.csid.com/opm (external link), and by calling toll-free 844-222-2743 (International callers: call collect 512-327-0700).

Steps for Monitoring Your Identity and Financial Information
Monitor financial account statements and immediately report any suspicious or unusual activity to financial institutions.
Request a free credit report at www.AnnualCreditReport.com (external link) or by calling 1-877-322-8228. Consumers are entitled by law to one free credit report per year from each of the three major credit bureaus – Equifax®, Experian®, and TransUnion® – for a total of three reports every year. Contact information for the credit bureaus can be found on the Federal Trade Commission (FTC) website, www.ftc.gov (external link).
Review resources provided on the FTC identity theft website,www.identitytheft.gov (external link). The FTC maintains a variety of consumer publications providing comprehensive information on computer intrusions and identity theft.

You may place a fraud alert on your credit file to let creditors know to contact you before opening a new account in your name. Simply call TransUnion® at 1-800-680-7289 to place this alert. TransUnion® will then notify the other two credit bureaus on your behalf.

Precautions to Help You Avoid Becoming a Victim
Be suspicious of unsolicited phone calls, visits, or email messages from individuals asking about you, your employees, your colleagues or any other internal information. If an unknown individual claims to be from a legitimate organization, try to verify his or her identity directly with the company.
Do not provide personal information or information about your organization, including its structure or networks, unless you are certain of a person’s authority to have the information.
Do not reveal personal or financial information in email, and do not respond to email solicitations for this information. This includes following links sent in email.

Do not send sensitive information over the Internet before checking a website’s security (for more information, see Protecting Your Privacy,www.us-cert.gov/ncas/tips/ST04-013 (external link)).

Pay attention to the URL of a website. Malicious websites may look identical to a legitimate site, but the URL may use a variation in spelling or a different domain (e.g., .com vs. .net).
If you are unsure whether an email request is legitimate, try to verify it by contacting the company directly. Do not use contact information provided on a website connected to the request; instead, check previous statements for contact information. Information about known phishing attacks is also available online from groups such as the Anti-Phishing Working Group (www.antiphishing.org (external link)).

Install and maintain anti-virus software, firewalls, and email filters to reduce some of this traffic (for more information, see Understanding Firewalls, www.us-cert.gov/ncas/tips/ST04-004 (external link); Understanding Anti-Virus Software, www.us-cert.gov/ncas/tips/ST04-005(external link); and Reducing Spam, http://www.us-cert.gov/ncas/tips/ST04-007 (external link)).
Take advantage of any anti-phishing features offered by your email client and web browser.

Employees should take steps to monitor their personally identifiable information and report any suspected instances of identity theft to the FBI’s Internet Crime Complaint Center at www.ic3.gov (external link).

Additional information about preventative steps by consulting the Federal Trade Commission’s website, www.identitytheft.gov (external link). The FTC also encourages those who discover that their information has been misused to file a complaint with the commission using the contact information below.

Identity Theft Clearinghouse
Federal Trade Commission
600 Pennsylvania Avenue, NW
Washington, DC 20580
www.identitytheft.gov (external link)
1-877-IDTHEFT (438-4338)
TDD: 1-202-326-2502

Today all Border Patrol Agents Received an Email From The Deputy Commissioner of DHS

In this email, the Deputy Commissioner states "Secretary Johnson has personally worked with Congress to urge them to pass a technical correction that would reinstate FLSA pay. "

Make no mistake about it, Secretary Johnson was not responsible for preserving the FLSA that DHS had no right to take in the first place.  The Secretary was taken to task by Congress for defying their legislative intent in yet another morale killing move by the agency with the worst morale in all of the federal government. 


You can't take credit for watching someone else to fix what you royally screwed up in the first place.  The National Border Patrol Council, Congressman Jason Chaeffetz, Senator John McCain, Senator Jon Tester, Senator Ron Johnson, Senator Ben Cardin and Congressman William Hurd are responsible for preserving your FLSA.

FLSA Preserved Until Pay Reform is Enacted

H.R. 2252 has been signed into law by the President.

 

This Bill will restore FLSA for BPA's until January 2016, when the BPAPRA should be fully implemented. We are hopeful that immediate restoration of FLSA will allow for payment to be made within the current paychecks.

The State of The Union Episode 49 - May 19, 2015

http://feedproxy.google.com/~r/hipcast/LKkI/~3/jIOSR6TIEJ0/usbp481-20150519090537.mp3


Deputy Spokesperson Chris Cabrera hosts The State of The Union...

S. 1356 Passes Senate

http://www.bpunion.org/legislative-affairs/legislative-advisories/1781-s1356-passes-senate


 S. 1356 was passed by the United States Senate.  This bill is the companion to H.R. 2252 and will restore Border Patrol agents as employees that receive Fair Labor Standards Act pay until the Border Patrol Agent Pay Reform Act is fully implemented.  The National Border Patrol Council would like to thank Senators Johnson, McCain, Tester, and Cardin, their staffs, and the many others who helped make this happen.

H.R. 2252 Passes House of Representatives

http://www.bpunion.org/legislative-affairs/legislative-advisories/1780-hr2252-passes


May 14 2015

Earlier today, H.R. 2252, a bill to clarify provisions of the Border Patrol Pay Reform Act of 2014, was passed by the House of Representatives by unanimous consent.  The bill will now head to the United States Senate for consideration.  We have been advised that it should receive swift passage there as well.

The National Border Patrol Council would like to thank Rep. William Hurd of Texas's 23rd Congressional District and his staff for their efforts in shepherding this bill through the legislative process.  Rep. Hurd’s championing of this bill will have a significant impact on border security and the financial well-being of Border Patrol agents nationwide.

“The men and women who serve as Border Patrol Agents are hard working and dedicated law enforcement officials,” said Hurd, whose district includes over 800 miles of border between the U.S. and Mexico. “They often work in harsh conditions, sometimes putting their own lives at risk, in order to protect our nation and their communities. They and their families deserve our support and the security of a steady, dependable monthly income. It’s outrageous that the lack of action by a bunch of Washington bureaucrats is putting at risk the paychecks of these courageous agents.”

Hurd represents portions of four Border Patrol Sectors, including Big Bend, Del Rio, El Paso and Laredo, manned by more than 6,400 Border Patrol Agents.
  

National Border Patrol Council President Brandon Judd commented, “We want to thank Representative Will Hurd for his leadership on this important issue. This legislation will provide our Agent’s and their families’ financial stability by fully implementing the BPAPRA of 2014. Every day our Agents put their lives on the line to protect our communities from drug cartels, human smugglers, and other individuals intending to do harm. We appreciate the support of Rep. Hurd and thank him and his staff for their hard work and commitment to the men and women of the Border Patrol.” 

One Local 1613 Member Responds to DHS Secretary Jeh Johnson

On May 11, 2105 all DHS employees were sent the following message regarding Police Week 2015...

From: Office of the Secretary
Sent: Monday, May 11, 2015 11:49 AM
Subject: Message from the Secretary

May 11, 2015

Dear Colleagues,

This is National Police Week. This week we honor the sacrifice and commitment of men and women in law enforcement. We pay a special tribute to those in law enforcement who have given their lives in the line of duty, and we offer our support to their families.

This past year our Department lost two Border Patrol Agents in the line of duty -- Alexander Giannini and Tyler Robledo. This week Agents Giannini’s and Robledo’s names will be added to the National Law Enforcement Officers Memorial in Washington, D.C. I am also mindful of Border Patrol Agent Javier Vega Jr, who last August was killed during a robbery while fishing with his family in Texas.

Wherever you are this week, I encourage you to honor those who have chosen the law enforcement profession.

Sincerely,

Jeh Charles Johnson
Secretary of Homeland Security

One Local 1613 member responded...

Mr. Secretary,

Merely being “mindful” of Border Patrol Agent Javier Vega Jr. is not enough.  He died trying to effect the arrest of two illegal aliens who were committing armed robbery against himself and family members.  The fact that he was off-duty does not negate the fact that he was duly exercising his law enforcement authority.  It is tragic and does not reflect well upon this agency or its’ senior leadership that we have failed to declare this death as “line of duty.”  It certainly contributes to the rapidly declining morale of a department that already has abysmal morale.  If you truly want to improve employee confidence in our leadership, act now and declare this death line of duty.  It is certainly low hanging fruit.  Until someone changes the way DHS treats its’ workforce, we will continue to have low morale…and we will continue to talk about that low morale, as will congress.  How an agency treats a fallen hero and the surviving family goes a long way towards how employees feel about the agency and its’ leadership. 

 

Joshua Wilson

Border Patrol Agent

SDC/BLV

Local 1613 Monthly Membership Meeting Tuesday May 12, 2015 @7:00 p.m.

What: Local 1613Monthly Membership Meeting
When:  Tuesday May 12, 2015 @7:00 p.m.
Where:  Crowne Plaza Hotel             

              2270 Hotel Cir N

              San Diego, CA 92108

For Directions, Click HERE.

Eric Cabral Memorial Bridge Dedication Ceremony May 8, 2015

Letter to DHS Secretary Jeh Johnson Regarding Border Tunnel in Southern Arizona

On March 17, 2015 Border Patrol Agent, Chris Cabrera of National Border Patrol Council Local 3307 (RGV) testified before a Senate Committee on Homeland Security and Governmental Affairs. In his testimony, he said: “our intel knew for some time that that tunnel was being used and that we should patrol that area more aggressively.” To my amazement, he went on to say that Border Patrol agents were not allowed by management to work in or patrol that area.

One Congressman was not amused...

Click here to download the full letter

Update on FLSA

On April 30, 2015, Customs and Border Protection’s Acting Director of Labor-Management Relations, Barry Carpenter, issued a notification to the National Border Patrol Council exempting all Border Patrol Agents from the Fair Labor Standards Act effective pay period eight (8), which is the period covering April 19, 2015 - May 2, 2015. The NBPC was notified that also effective pay period eight (8), excludable days would no longer be calculated towards the calculation of AUO. The agency’s reasoning was that excluding days from AUO calculations was an unlawful practice.

The NBPC disagrees with both assertions and is taking proper action. In the meantime, the NBPC negotiated an MOU that will ensure agents, at their election, will receive 2-hours of FEPA in pay period nine (9). This will be concurrent to the AUO calculation that agents are currently certified to receive. The loss of FLSA for pay period eight (8) will be approximately $150.00 per agent, but the FEPA and the AUO calculation in pay period nine (9) will be approximately $600.00 more per agent. The net gain after subtracting the FLSA will be approximately $450.00.

The MOU states that agents will be decertified the use of AUO beginning pay period ten (10), at which time the Overtime Transition Plan (OTM) MOU will become effective. This is not de-authorization. De-authorization is a personnel action and all agents must be given notice. Decertification; however, doesn’t require notice.

Because the NBPC disagrees with the FLSA exemption, until the BPAPRA is implemented, the NBPC is working with Congress on a legislative fix. The agency has agreed to also work towards that same fix. The sponsors of the BPAPRA have made it clear that it was not their intent nor was it the intent of Congress to exclude Border Patrol Agents from FLSA before the implementation of the law. If we are successful, the FLSA exemption will be reversed and all Border Patrol Agents will continue to earn FLSA until the implementation of the BPAPRA.

The Overtime Transition Plan previously referenced on this website will be fully implemented on May 17, 2015. With the implementation of the Overtime MOU and the legislative fix as referenced above, all agents will earn FEPA and FLSA and will not lose any money at all. Should you have any questions or concerns please contact your Local President or a NBPC Regional Vice President.

Important Message From Local 1613 President Terry Shigg concerning FLSA

Local 1613 Members,

In order to give you an update on the FLSA issue, I will give you all of the information I have on the topic. NBPC was notified today that the agency was no longer going to pay FLSA to agents and that they would seek to regain over payments they feel have gone to agents. This is due to the fact that OPM has told the agency that they believe that agents should not have been paid FLSA once the pay reform act was passed. This means the agency CAN ask for the over payment back. The law also states that the agency CAN waive this request. The union will aggressively seek these waivers!

The Agency has also determined based on the opinion of legal staff and the language from the multiple investigations concerning AUO that paying excludable days is illegal. The union currently has a grievance on this issue and disagrees with this position.

The union is preparing to file a lawsuit to expedite the implementation of the Border Patrol Agent Pay Reform Act. This would mitigate some of these issues.

I know you have a lot of questions. I do too. Please forward them to any Executive Board member and we will get you the answers. One thing I ask you to remember is the fact that the agency has made these decisions without the consultation of the union. The union will fight these decisions! It has become evident to me that this agency does not care about the harm it is doing to agents and their families. Our command staff (Chief Fisher in particular,) seems to be more concerned with their careers than our well-being.

The Overtime Memorandum of Understanding is in effect and OT will be paid out in accordance with that plan. The union will ensure the Job Swap, Health Improvement Plan, and bid for shift programs are initiated as promised by the agency.

Feel free to disseminate this information. Check the national and local website for updates as they occur.

Thank you and stay safe,

Terence L. Shigg

President

National Border Patrol Council

Local 1613

1.800.620.1613 ext. 80

Twitter@nbpc1613

Facebook: NBPC 1613 San Diego

www.nbpc1613.org