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

FLSA compensation is terminated with the CURRENT pay period

Today the National Border Patrol Council was notified that FLSA compensation is terminated effective with the CURRENT pay period.  This is just another situation where "Honor First" is a one way street.  Local 1613 will continue to disseminate information as it is received.

Oppose HICE Amendment to VA Employees’ Collective Bargaining Rights

Oppose HICE Amendment to VA Employees’ Collective Bargaining Rights

What is official time and how is it used?

· Official time allows federal employees who are volunteer union representatives to represent all their coworkers (those who pay dues and those who don’t) while in an official duty status.  Official time gives workers a voice to resolve disputes efficiently so they can get back to work, protect whistleblowers from retaliation, and implement new technology and other innovations to solve workplace problems.

· Employees ARE ALLOWED to use official time ONLY to perform representational activities. These include setting procedures that protect employees and veterans from injuries and hospital infections; creating fair employment hiring and promotion procedures for veterans in the VA workforce; establishing flexible work hours and developing telework practices to make VA a competitive employer; improving IT systems for paperless benefit claims and medical records; and representing employees in grievances and disciplinary actions in the most efficient manner possible.

· Union representatives ARE NOT ALLOWED to use official time to conduct union-specific business, solicit members, hold internal union meetings, elect union officers, or engage in partisan political activities.

· Official time benefits taxpayers, veterans, and federal employees because it reduces costly employee turnover, improves service to our nation’s heroes, creates a safer workplace, and leads to quicker implementation of agency initiatives. 

Specific examples of official time use in the VA

· Dr. Michelle Washington is a member of AFGE at the Wilmington VA hospital who testified before Congress to sound an alarm on a shortage of mental health professionals, including psychologists, to treat troops returning from war with Post-Traumatic Stress Disorder. Because of her action, VA recently hired more than 1,600 new specialists who provide much-needed help to our country’s veterans.  Instead of being promoted for telling the truth to Congress, hospital managers retaliated against her by stripping her of duties and giving her an unsatisfactory performance review for the first time in her career.  AFGE union representatives used their official time to represent Dr. Washington and roll back the retaliatory actions taken against her by the VA, so she could continue to serve veterans without fear of reprisal.

· AFGE Local 2028 President Kathleen Dahl used her official time to blow the whistle on the VA’s cover-up of the Legionnaires disease outbreak caused by a faulty water system that killed six veterans and sickened 16 others at the Pittsburgh VA hospital. Her courageous action saved countless lives.

Border Patrol Agent Eric Cabral Memorial Bridge Dedication Ceremony

National Border Patrol Council Member Advisory

The National Border Patrol Council Elects a New Executive Committee

On April 25, 2015 delegates from each NBPC local met in Dallas Texas to elect a new Executive Committee for The National Border Patrol Council.  The results are as follows.

President: Brandon Judd
Executive Vice President: Chris Bauder
Vice President, Northwest: Mike Egerton
Vice President, Northeast: Eric Sparkman
Vice President, South: Paul Perez
Vice President, West: Terence Shigg
Vice President at Large: Art Del Cueto
Vice President at Large: Shawn Moran
Vice President at Large: Albert Trevino
Treasurer: Bud Tuffly
Secretary: James Stack

Local 1613 would like to offer a special congratulations to NBPC Local 1613 President Terry Shigg for being elected as Vice President, West.

Other Local 1613 members re-elected to the board include Shawn Moran (Vice President at Large) and Chris Bauder (Executive Vice President.)

Tactical non-Communication Center (TCC)

Recently SDC command staff has informed the union that it intends to end the detail assignments of Border Patrol Agents to the TCC. This will no longer be a detail and will be a daily assignment.

This came about after several attempts by the union to ensure agents working at TCC would be treated fairly and equitably. This was not the case. Agents were not allowed to work the overtime as was promised and were being subjected to disparate treatment.

I want to also mention that our bargaining unit members in TCC (LECA’s) are working under poor conditions and we will be working to improve that.

This is a management problem. They do not have enough LECA’s and are unwilling to do what it takes to fully staff that position and or improve the current working conditions of the LECA’s

The union would like for our agents to know the facts before they volunteer for TCC details.

If you volunteer for a TCC detail:

1. You are not guaranteed to be given overtime hours. The agency knows they cannot guarantee OT and that is why we have insisted on the clause that says if agents are not allowed to work overtime they can terminate their detail.

2. There are no SBPA’s assigned to TCC therefore you will be supervised by a Supervisory Law Enforcement Communication Assistant (SLECA).

3. The working conditions in the TCC have historically been poor and have gotten worse.

4. All contract violations should be brought to the immediate attention of the union.

The union continues to fight against these duties being conducted at the station level and for more specialized training.

We will also continue to aggressively fight for the rights of all bargaining unit employees working in TCC. If you have any questions, comments or complaints email mbayon@nbpc1613.org.