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.