• Article 10 D

    Article 10 D - If the Agency does not respond to an employee's request for outside employment within 8 calendar days from receipt, the employee may assume there is no objection and begin the outside employment or self-employment. Volunteer activities are not considered outside employment.
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  • Article 14 A

    Article 14 A - Annual leave is a right of the employee and not a privilege. Consistent with the needs of the Agency, annual leave which is requested in advance will be approved.
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  • Article 14 A1

    Article 14 A - It is the supervisors responsibility, in consultation with the employee, to schedule annual leave in order that the leave will not be forfeited.
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  • Article 14 H

    Article 14 H - Employees are not required to submit a form SF-71 for sick leave periods of not more than three consecutive workdays. For sick leave in excess of three days, the employee may be required to provide a medical certificate or a statement of the nature of the illlness.
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  • 1 Statement on BPAPRA Implementation
  • 2 Nationwide Swap Program to Open February 8th
  • 3 NBPC Statement on Body Worn Cameras
  • 4 AFGE's Endorsement of Hillary Clinton for President
  • 5 Senator Cornyn Honors Fallen South Texas Border Patrol Agent Javier Vega, Jr.
  • 6 National Border Patrol Council Joins Boycott of Quentin Tarantino Movies
  • 7 Workers' Compensation FAQ
  • 8 BPAPRA Regulations published by OPM
  • 9 Statement on Agent Swartz Indictment
  • 10 Support for Terry Family
  • 11 Canine Pay Under the BPAPRA
  • 12 GOV Files Motion in Limine
  • 13 FECA Flowchart
  • 14 OWCP Forms and Filing Timeline
  • 15 The Benefits of Union Membership
  • 16 Nation Wide Swap Program Open Period Announced
  • 17 CBP to Implement "High Five" Program
  • 18 National Border Patrol Council Statement on Trump's Visit to Laredo
  • 19 NBPC Statement on CBP Integrity Advisory Panel
  • 20 NBPC Statement on Alleged Collusion
  • 21 NBPC Statement on Operation Strong Safety
  • 22 OPM Releases Proposed Regulations for BP Pay Reform Act
  • 23 CBP Helicopter Shot At Near Laredo
  • 24 H.R. 2252 Passes Senate
  • 25 H.R. 2252 Passes House of Representatives
  • 26 NBPC Demands CBP Classify Texas Agent’s Murder a Line of Duty Fatality
  • 27 Senate Bill to Stop DHS' Partial Implementation of BPAPRA
  • 28 NBPC - FLSA Exemption and AUO Excludability Q&A
  • 29 Update on FLSA Exemption
  • 30 DHS Launches Another Attack on Border Patrol Agents
  • 31 Overtime Transition Plan MOU
  • 32 Overtime Transition Plan MOU to be Signed
  • 33 Both Houses Propose FY 2016 Budgets
  • 34 Testimony of Chris Cabrera Before Senate HSGAC Committee
  • 35 NBPC Wins Against DHS in Federal Circuit Court of Appeals
  • 36 Congress Funds DHS
  • 37 Transcript of State of the Union Episode 39
  • 38 NBPC Blasts Washington Politics for DHS Funding Battle
  • 39 NBPC Commends Lawmakers For Seeing Border Problems Firsthand
  • 40 NBPC Statement on DACA Implementation
  • 41 NBPC Statement on AUO Decertifications
  • 42 National Border Patrol Council Opposes H.R. 399
  • 43 2015 National Convention
  • 44 National Border Patrol Council Statement of Support for the NYPD
  • 45 Congress Passes Border Patrol Pay Reform Bill
  • 46 Loss of Border Patrol Agent Juan Esparza
  • 47 Response to POLITICO Article
  • 48 Lawsuit Forms
  • 49 Body Cameras Another Bad Idea from Washington
  • 50 Border Patrol Agent Pay Reform Act
  • 51 National Border Patrol Council Praises the Senate Passage of Pay Reform
  • 52 Border Patrol Pay Reform Act Passes Senate
  • 53 Not Enough Money For Enforcement, But Plenty For Art
  • 54 NBPC Rocking Documentary Promo
  • 55 Border Patrol Needs Full Staffing Not National Guard
  • 56 Ask Your Border Patrol Agents
  • 57 Secure Borders: Take 100,002,032
  • 58 Murder of Border Patrol Agent Javier Vega
  • 59 Latest Pay Reform Documents
  • 60 Update on TSA Allowing Illegal Aliens to Fly with NTAs
  • 61 NBPC Statement on TSA Allowing Illegal Aliens to Fly
  • 62 NBPC Statement on Influx of Juveniles in RGV Sector
  • 63 Border Patrol Agent Killed in Rollover Accident
  • 64 BPA Reform Act Mark-Up Cancelled
  • 65 State of the Union Podcast - Episode 10
  • 66 NBPC Statement on American Immigration Council Study
  • 67 BP Pay Reform Scheduled for Markup in Senate Homeland Security and Gov Affairs Committee
  • 68 DHS officials broke hiring rules, watchdog alleges
  • 69 CBP Chief: Policies May Be Fueling Spike in Minors Crossing Border Illegally
  • 70 NBPC Issues Press Release on Kidnappings/Assaults in McAllen, TX
  • 71 The NBPC Issues Statement About the Use of Force
  • 72 Senator McCain's Letter Regarding Pay Reform
  • 73 Pay Reform Update (1-15-14)
  • 74 Largest Federal Employee Union Leader Rejects Budget Deal Targeting Federal Pensions
  • 75 HR Committee on Oversight and Government Reform - Hearing on AUO
  • 76 Pay Reform Bills: S. 1691 and H.R. 3463
  • 77 I'm Just A Bill
  • 78 Congressman Chaffetz Aims to Fix Broken Border Patrol Pay System
  • 79 Senators Tester and McCain Introduce Legislation To Reform Border Patrol Agent Pay, Save Billions
  • 80 National Border Patrol Council Rejects Limits on Use of Force
  • 81 National Border Patrol Council Statement on Administratively Uncontrollable Overtime (AUO)
  • 82 Washington Post Report Shines Spotlight on Need for Pay Reform
  • 83 Congressman Barber Goes to Bat Again for Border Patrol Agents
  • 84 Government Shutdown of 2013
  • 85 National Border Patrol Council Calls on CBP to Show Use of Force Data
  • 86 Pay Reform Update
  • 87 Senator Jon Tester Introduces Border Pay Reform
  • 88 CBP Sequester Update
  • 89 NBPC Officers Tell Lawmakers Budget Cuts Will Hurt Security
  • 90 CBP Testimony Before Senate Committee on Homeland Security and Governmental Affairs
  • 91 Texas Congressional Delegates Sign Letter Addressing Impacts of Sequestration on the Border
  • 92 NBPC Pay Reform and Sequestration Update
  • 93 Border Patrol Agents Singled-Out Again for Huge Reductions in Pay
  • Statement on BPAPRA Implementation

    On January 29, 2016, Border Patrol agents began receiving the first paychecks under the recently enacted BPAPRA of 2015.
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  • Nationwide Swap Program to Open February 8th

    The USBP Nationwide Swap Program (NWS) will open on February 8, 2016 @ 0800 PST until February 29, 2016 @ 1600 PST
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  • NBPC Statement on Body Worn Cameras

    Despite our best efforts to answer questions posed by reporters and the public, our position on Body Worn Cameras has been misunderstood or worse yet misinterpreted to fit a certain narrative.  Several media outlets have incorrectly stated that the National Border Patrol Council opposes body worn cameras. This is simply untrue.    Our position on Body Worn Cameras is the same position we have on any proposed new technology, equipment or program. It requires us to always ask three simple questions:  
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  • AFGE's Endorsement of Hillary Clinton for President

    Today, AFGE announced its endorsement of Hillary Clinton for President of the United States.  It is a decision that will please many of its members, but will displease a lot of Border Patrol agents. 
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  • Senator Cornyn Honors Fallen South Texas Border Patrol Agent Javier Vega, Jr.

    WASHINGTON – Today on the Senate floor, U.S. Senator John Cornyn (R-TX) spoke about Javier Vega Jr., a Border Patrol Agent who was tragically killed by illegal immigrants in South Texas in August 2014. Senator Cornyn and Rep. Filemon Vela (TX-34) have written to U.S. Customs and Border Protection Commissioner R. Gil Kerlikowske requesting that Agent Vega’s death be classified as a line of duty fatality.Excerpts of Sen. Cornyn’s remarks are below, and video of his speech can be found here.“Two weeks ago, the Senate was unable to proceed to consider a very important piece of legislation called the Stop Sanctuary Policies and Protect Americans Act. The goal of this legislation is to protect our communities from criminals who violate our laws and who pose a danger to those communities.”
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  • 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.”
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  • Workers' Compensation FAQ

    Below is a list of the most frequently asked questions encountered throughout numerous federal workers’ compensation trainings, individual case representation, and inquiries made to the National Border Patrol Council (NBPC). This FAQ was created in coordination with InjuredFed.com LLC.   Click on any underlined section for more info! Filing a Workers’ Compensation Claim Should I file a CA­1, Notice of Traumatic Injury, or a CA­2, Notice of Occupational Illness or Disease? It is important that injured workers filed the correct claim form at the beginning of their claim. Each type of claim has its own benefits associated with it. Often claims are filed incorrectly, as there is a fundamental misunderstanding about why an injured worker would file one over the other. Do not focus on the medical condition. A torn rotator cuff could be a traumatic injury if it occurred due to lifting a heavy box. It could also be an occupational illness if it occurred due to lifting a series of heavy boxes over several days. Thus the difference is not the medical condition, but rather how and when it happened. If it happened during one shift, you should file form CA­1, Notice of Traumatic Injury. If it happened during two or more shifts, you should file form CA­2, Notice of Occupational Illness or Disease. My supervisor has ordered/told me to file a CA­2 when I know its a CA­1. What can I do? The decision to file a traumatic injury claim versus an occupational illness claim is solely up to the injured worker. The agency support staff should provide injured workers with counseling about which claim may be best for them, but the final decision about which type of claim to file rests with the injured worker. Agencies cannot compel an injured worker to file, refuse to file, delay, or unduly influence the filing of a claim. My supervisor has ordered/told me to file a recurrence claim when I know it is a new injury. What can I do? The decision to file a recurrence claim, using form CA­2a, Notice of Recurrence, is solely up to the injured worker. A recurrence claim should only be filed if the injured worker already has an accepted workers’ compensation claim. The injured worker should carefully review the circumstances of the recurrence to ensure that the facts and medical evidence clearly and objectively shows that they have, “an inability to work after an employee has returned to work, caused by a spontaneous change in a medical condition which had resulted from a previous injury or illness without an intervening injury or new exposure to the work environment that caused the illness.” The agency support staff should provide injured workers with counseling about which claim may be best for them, but the final decision about which type of claim to file rests with the injured worker. Agencies cannot compel an injured worker to file, refuse to file, delay, or unduly influence the filing of a claim. What should I do if I am exposed to someone with an infectious disease (e.g. tuberculosis, HIV, hepatitis, etc.)? You should immediately seek preventative treatment. Many infectious diseases can be prevented if treated at the time of exposure. However, if you did not experience a traumatic injury in conjunction with the exposure, such as a needle stick or laceration, you would not be eligible for preventative treatment related to the exposure. How long does my supervisor/Agency have to file my claim forms (CA­1, CA­2, CA­2a, etc.)? Initial claims forms, such as the CA-1, Notice of traumatic injury, and the CA-2, Notice of Occupational Illness, must be filed with OWCP ten (10) days after they are submitted by the injured worker. Claims for on-going compensation, such as the CA-7, Claim for Compensation, must be filed with OWCP five (5) days after they are submitted by the injured worker. Injured workers should always ask for completed copies from the employing agency after they have been submitted to OWCP to confirm submission and check for accuracy. Agencies cannot compel an injured worker to file, refuse to file, delay, or unduly influence the filing of a claim. I think my current medical condition may be related to a previous work injury/illness. How should I go about claiming benefits? The decision to file a recurrence claim, using form CA­2a, Notice of Recurrence, is solely up to the injured worker. A recurrence claim should only be filed if the injured worker already has an accepted workers’ compensation claim. The injured worker should carefully review the circumstances of the recurrence to ensure that the facts and medical evidence clearly and objectively shows that they have, “an inability to work after an employee has returned to work, caused by a spontaneous change in a medical condition which had resulted from a previous injury or illness without an intervening injury or new exposure to the work environment that caused the illness.” The agency support staff should provide injured workers with counseling about which claim may be best for them, but the final decision about which type of claim to file rests with the injured worker. Agencies cannot compel an injured worker to file, refuse to file, delay, or unduly influence the filing of a claim. Obtaining Medical Treatment How do I find a physician who will treat me for my injury/illness? The Office of Workers’ Compensation Programs (OWCP) has an online search engine for finding FECA Providers. The search engine allows you to search by provider type (rehabilitation, physician, dentist, pharmacy, etc.), specialty (cardiology, psychology, orthopedic surgery, etc.), as well as zip code. Your Federal Employees’ Health Benefit (FEHB) plan is not obligated to pay for treatment that would be covered by federal workers’ compensation. What if my physician is not enrolled with OWCP? If your physician is not enrolled to be a provider under FECA, they can enroll by completing form OWCP­1168, Provider Enrollment Form. It is important to note that OWCP will not pay a provider for services covered under workers’ compensation until they become an enrolled provider, a process that may experience delays and result in out of pocket expenses. What if I cannot find a physician near my workplace or residence? If you cannot find a physician within 100 miles round trip from your workplace or residence, you have two options. If you can find a physician who is willing to treat you, and is willing to enroll to become a workers’ compensation provider, they can enroll online. Following enrollment, they will be listed in the Office of Workers’ Compensation Programs’ (OWCP) online search engine. If you cannot find a physician in your area willing to enroll, nor a physician who is currently enrolled, you can request pre­authorization from OWCP to see a physician outside of your commuting area. Can my supervisor contact my physician(s)? The agency may monitor the injured worker's medical progress/return to work status by obtaining periodic medical reports at reasonable intervals. The injured worker is responsible for providing these updates. Form CA­17, Duty Status Report, is used by injured workers to advise their Agency of their medical status. To clarify any return to work questions, the Agency may also contact the injured worker’s physician in writing concerning the work restrictions due to the injury. The Agency must send a copy of this letter to the injured worker and OWCP at the time it is sent to the physician. The Agency must also provide the injured worker as well as a copy of the physician's response when received. No one from the Agency can contact the physician by telephone or in person. My physician said that I need surgery, how do I proceed? In traumatic injury cases where a CA­16, Authorization for Examination or Treatment was issued, emergency surgery is authorized using form CA­16. All non­emergency elective surgeries, meaning those not required to sustain life, require pre­authorization, which can be made electronically by the physician or using the General Medical/Surgical Authorization Request. Injured workers must also submit copies of medical documentation supporting the need for surgery including all tests results, examination findings, x-rays, MRIs and other objective evidence to support their physician’s request. It is recommended that injured workers obtain and submit copies of all treatment notes and test results electronically via ECOMP. The agency wants me to submit all medical documentation to them, however, I feel that they are stalling or failing to submit my paperwork timely. I also have privacy concerns. Can I bypass the agency and just send or upload all of the paperwork to OWCP? Prima facie medical evidence must be initially submitted to the agency when a traumatic injury claim is filed. Prima facie medical evidence must also be provided to an injured worker’s supervisor within ten (10) workdays of a request for Continuation of Pay (COP). It is the responsibility of the injured worker to submit a detailed medical report to OWCP following all appointments and treatments. Form CA­20, Attending Physician’s Report, can be used for this purpose. Injured workers must also submit copies of all supporting test results, examination findings, x-rays, MRIs and other objective evidence to support their physician’s findings. It is recommended that injured workers obtain and submit copies of all treatment notes and test results electronically via ECOMP. What forms and documentation are required for me to submit to the Agency for an OWCP claim? Injured workers must submit the following forms through the agency: CA­1, Notice of Traumatic Injury CA­2, Notice of Occupational Illness CA­2a, Notice of Recurrence CA­7, Claim for Compensation CA­7a, Time Analysis Form CA­7b, Leave Buy Back  CA­17, Duty Status Report Forms not listed below should be submitted directly to OWCP by mail or electronically via ECOMP: CA­16, Authorization for Examination or Treatment CA­17, Duty Status Report CA­20, Attending Physician’s Report OWCP­915, Claim for Reimbursement OWCP­957, Medical Travel Refund Request If the agency needs a copy of the completed forms CA­16, CA­17, CA­20, any other narrative medical report, or test results, they can request a copy from OWCP, after identifying their need for such information. My supervisor is asking me to fill out a form related to my workers’ compensation claim that the agency has created. Do I have to provide this information? No. Agencies are prohibited from modifying OWCP forms, creating or substituting their own forms required or provided by OWCP. Continuation of Pay, Lost Wages, and Expenses How are my pay and benefits affected while receiving Continuation of Pay (COP)? Continuation of Pay (COP) is paid as regular wages by the employing agency. Therefore, health and life insurance deductions, retirement and Thrift Savings Plan (TSP) contributions, payment of all included shift premiums, union dues deductions, and all applicable taxes and garnishments continue as they would for an injured worker’s regular paycheck. How long does my supervisor/Agency have to file my CA­7, Claim for Compensation? Claims for on­going compensation, such as the CA­7, Claim for Compensation, must be filed with OWCP five (5) workdays after the injured worker submits them. Injured workers should always ask for completed copies from the employing agency after they have been submitted to OWCP to confirm submission and check for accuracy. To ensure that your agency has submitted the forms to OWCP, and to monitor payment status, injured workers can use the Claimant Query System. What is prima facie medical evidence and when do I have to submit it to my supervisor/agency? When filing a traumatic injury claim, an employee must submit prima facie medical evidence of their injury. Prima facie medical evidence is defined “ as medical evidence showing that the employee is disabled for the job held at the time of the injury because of an employment injury.” Generally, this includes a statement of the diagnosed medical condition, that the injury was work related and the date of injury, and whether the injured worker can return to work, and what work restrictions are in place, if any. Prima facie evidence does not require detailed medical information including personal and family medical history, test results, examination findings, medications, etc. Detailed medical information such as this must be submitted to OWCP, but not to the agency. The agency can request a copy from OWCP, after identifying their need for such information. Prima facie medical evidence must also be provided to an injured worker’s supervisor within ten (10) workdays of a request for Continuation of Pay (COP). Prima facie medical evidence in support of COP should include a statement of the diagnosed medical condition, that the injury was work related and the date of injury, and whether the injured worker can return to work, and what work restrictions are in place, if any. What premiums should be included in my disability payments? There are many types of shift premiums that should be included in the calculation of disability payments and Continuation of Pay (COP). Examples of premiums that are included are: Night Differential; Sunday Premium; Holiday Pay; and/or Administratively Uncontrollable Overtime (AUO). A full list can be found HERE. To calculate your weekly pay rate, for the purposes of disability payments or Continuation of Pay (COP), an average of the weekly pay for the previous 12 months preceding the injury or illness should be calculated, including all of the pay elements. Employing agencies should list all applicable premiums in Section 8, when they submit form CA­7, Claim for Compensation. I have returned to work with restrictions, and I still have follow up medical and physical therapy appointments. Do I take COP, LWOP, Sick or Annual Leave to attend these appointments? If you filed a traumatic injury claim, and your absences are within 45 days from the date of injury, you may be eligible for Continuation of Pay (COP). If it has been more than 45 days from your date of injury, or you filed an occupational illness claim, you have the option to use Sick or Annual Leave to attend your appointments. Leave without Pay is granted at the discretion of the employing agency. You may be eligible to repurchase any Sick or Annual Leave with the majority of the cost covered under your workers’ compensation benefits. Can my supervisor/agency instruct me to take a certain type of leave while I am still eligible for Continuation of Pay? No. The supervisor must advise the injured worker of their right to elect between Continuation of Pay, Sick Leave or Annual Leave. If an injured worker was instructed to take Sick or Annual Leave; during a period of time when they would have been eligible for Continuation of Pay, they have the right to request the leave be converted to Continuation of Pay. Agencies cannot compel an injured worker to file, refuse to file, delay, or unduly influence the filing of a claim. How are my pay and benefits affected while in a Leave Without Pay (LWOP) status? While in a Leave Without Pay (LWOP) status due to a work related injury or illness, injured workers continue accrue service credit towards retirement. However, health and life insurance benefits must be transferred to OWCP to prevent cancellation due to unpaid premiums, which should be done by the employing agency. No retirement or Thrift Savings Plan (TSP) contributions are made. Injured workers do not accrue Sick or Annual Leave while in a Leave Without Pay (LWOP) status. While in a Leave Without Pay (LWOP) status, seniority is adjusted based on agency and union negotiated procedures; which for the NBPC is, “for a Work related Injury covered by OWCP, there is no break in service for an injured worker while on LWOP”. Who covers my travel expenses and mileage? Is the mileage rate from home or work? Reimbursement for mileage, up to 100 miles round trip, is automatically covered for all appointments and treatments related to your workers’ compensation claim. Travel beyond 100 miles round trip, overnight stays, and meals must be pre­approved by a Claims Examiner. Travel can originate from home or work, and ends once you return to your home or work, depending on your final destination. Claims for travel reimbursement are made using form OWCP­957, Medical Travel Refund Request. Returning to Work How should I keep my supervisor up to date regarding my medical condition? Injured workers’ are required to provide periodic updates to their agency regarding their ability to return to work. Form CA­17, Duty Status Report, or a written note from the physician containing all of the same information, should be provided to the agency following appointments and whenever there is a change in work status. A copy of the updated work status must be sent to OWCP either by mail or electronically via ECOMP. How should I keep my Claims Examiner up to date regarding my medical condition? It is the responsibility of the injured worker, not the physician or employing agency, to submit all medical documentation, treatment notes, and all diagnostic testing results to OWCP in support of any claim for medical or compensation benefits. All medical reports must meet the standard required by OWCP. This information can be submitted directly to OWCP by mail  or electronically via ECOMP How do I know if a job offer is adequate? Job offers can initially be made verbally in person or over the phone. However, they must be followed up in writing within two business days. A copy of the written job offer must be sent to OWCP. The injured worker should forward a copy of this job offer to their physician for review, to determine if they are medically able to perform the work described. A written job offer must include the following to be deemed suitable by OWCP: A description of the duties to be performed; The specific physical requirements of the position and any special demands of the workload or unusual working conditions; The organizational and geographical location of the job; The date on which the job will first be available; The claimant's work schedule (including telework); Pay rate (salary) information; and The date by which a response to the job offer is required. I have been injured and released to return to work with restrictions. My physician has said that I need an ergonomic chair while sitting. Is the Agency required to provide an ergonomic chair? The agency is not required under FECA to provide an ergonomic chair, though the Claims Examiner may intervene with the agency to advise that the failure to provide the chair would make any job offer unsuitable, as it would not comply with the medical restrictions. Alternatively, a request for an ergonomic chair as a Reasonable Accommodation under the Rehabilitation Act may require the agency to provide an ergonomic chair. This is determined on a case-by-case basis. Long Term Workers’ Compensation Claims (One Year+) I have been injured and off of work for over a year. The agency has verbally stated that they are going to start removal proceedings. What happens now? In the event that you are still unable to work, and you are removed from the agency’s rolls, you will continue to receive OWCP disability benefits until you are able to resume work. Upon your release to return to work (with or without restrictions), you may be enrolled in a vocational rehabilitation program and assigned a vocational rehabilitation counselor. If you are able to obtain skills such as additional training and education to facilitate your return to the job market, you will have the opportunity to do so. Once you have successfully completed the vocational rehabilitation process, your disability payments will be reduced by either your actual wages (if you are able to obtain employment) or a constructed wage earning capacity. Should I consider Disability Retirement? How does this impact my workers’ compensation benefits? Injured workers may file for Disability Retirement with the Office of Personnel Management (OPM) while receiving workers' compensation benefits.  Injured workers must notify OWCP of their application for Disability Retirement benefits, as they make an election between the two. OWCP disability compensation benefits are 75% of wages for injured workers with a dependent, and 66.6% for injured workers without dependents. OPM Disability Retirement benefits are 60% of your three highest years of earnings for the first year of disability, and then 40% of your three highest years of earnings each year of disability until you turn 62 years old, at which point your annuity is recalculated at 1% for every year of creditable service until you turned 62 years old. Official Copy of OWCP FAQ (PDF)
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  • BPAPRA Regulations published by OPM

    On Friday, September 25, 2015, the Office of Personnel Management (OPM) issued their final regulations to implement Part 2 of the Border Patrol Agent Pay Reform Act (BPAPRA). A review of the regulations has revealed that OPM is interpreting certain portions of the BPAPRA contrary to what was intended by Congress when they drafted and passed the BPAPRA into law, for example, a prohibition on Alternate Work Schedules (AWS) and additional compensation for canine handlers on their assigned days off duty. There is also confusion on the section that deals with CBP being allowed to drop employees from one tier to another; however, it only clarifies what the Union had made clear prior to the regulations being published, which is that employees will not be able to artificially enhance their retirements by working a lower level of pay for the majority of their career and then at the end, bumping up to a higher level in order to get a greater annuity. The Union will work with Congress in order to resolve the issues via another Amendment to the BPAPRA, or in the case of the canine handlers, through litigation. Click below to read the OPM final regulations. CFR Parts 410, 550, 551, and 870 Final Rule
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  • Statement on Agent Swartz Indictment

    It is unfortunate that after three years and after being investigated by multiple local, state and federal agencies and then returned to the field to work, Agent Lonnie Swartz is now facing criminal charges.  As the union that represents the men and women of the Border Patrol, we are there with steady support for Agent Swartz as he fights these accusations. To help ensure that he receives a fair trial, we are providing him with excellent, experienced legal counsel. He will be well represented and given every opportunity to tell his story in a court of law. Sadly, our agents and all law enforcement officers operate in a world of political agendas and armchair quarterbacking. But our jobs are dangerous and the decisions we make every day determine if we will return home safely to our families. We ask the public to withhold judgment about Agent Swartz while the legal process unfolds. As for the union, we believe that until proven otherwise Agent Swartz is innocent of these charges. We stand with him and his family during this difficult time. 
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  • Support for Terry Family

    On Decmber 15, 2010, Border Patrol Agent Brian Terry was murdered while conducting operations against rip crews in southern Arizona.  His murder shocked the nation, devastated his family, and left a wound on the US Border Patrol. This week, suspects in Terry's murder will be tried in Tucson.  His family will be forced to relive the pain and suffering they endured in the aftermath of his death.  Our thoughts and prayers are with them as they seek to claim some small piece of justice.  No trial or prison sentence will ever fill the void that exists in their family.  Our support for them and for Brian Terry will never waver. The National Border Patrol Council exists to "protect those who protect our borders."  Brian Terry laid down his life to protect his teammates, his community, and his nation on that fatefull night.  We are grateful for his courage, we mourn his loss, and we will not forget him.  Honor First.
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  • Canine Pay Under the BPAPRA

    Recently OBP published a document on the intranet entitled "BPAPRA Frequently Asked Questions."  One of the answers given to one of the questions had to do with FEPA pay for canine agents on their days off. The Agency stated that canine agents will receive one hour of BPAPRA pay for care of the dog on their regular work days.  This is to cover care of the dog regardless of when that care is performed. The National Border Patrol Council strenuously disagrees with the Agency's interpreatation and will oppose it if it remains unchanged.  Nothing in this section of the law gave our attorneys, including prominent overtime pay attorneys, any concern that canine agents would not be paid fairly for off-duty care of the animals. The NBPC will litigate this, if necessary, and we are confident we would prevail.  This issue is far from over.
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  • GOV Files Motion in Limine

    On August 31, 2015, the U.S. Attorneys filed a motion in limine in the U.S. District Court for the District of Arizona. The motion is related to the criminal case against the defendants who are being charged with multiple offenses related to the murder of Border Patrol Agent Brian Terry. Official Copy of the Motion
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  • FECA Flowchart

    The National Border Patrol Council had the following flowcharts developed to help bargaining unit employees in determining what to do under the Federal Employee Compensation Act (FECA) when injured on the job.  We hope these flowcharts prove to be useful for representatives assisting employees and for employees independently seeking information. While looking at the charts, you may notice there is underlined text. The underlined text are hyperlinks, which will direct a reader  to additional useful information when clicked. Download the charts
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  • OWCP Forms and Filing Timeline

    OWCP Forms and Filing Timeline The National Border Patrol Council developed this table of the most commonly used OWCP forms and the respective timeline for filing each form. For a fillable version of the form, click on the form number. Additional Form are located on the DOL DFEC forms page. Download a PDF version of this table  FORM  TITLE USE  EMPLOYEE TIMELINE  AGENCY TIMELINE CA-1 Notice of Traumatic Injury and Claim for Continuation of Pay/Compensation Traumatic injury, occurs within one work shift Within 30 days of injury to get COP; within 3 years for eligibility Submit to OWCP within 10 days of receipt from employee   CA-2 Notice of Occupational Illness/Disease and Claim for Compensation Long term or chronic illness or disease 3 years from date first aware of nexus to employment  Submit to OWCP within 10 days of receipt from employee  CA-2a Notice Employee’s Recurrence of Disability and Claim for Pay/ Compensation After returning to work, the employee needs to stop work due to injury / illness As soon as possible* Submit to OWCP within 10 days of receipt from employee  CA-7 Claim for Compensation Request compensation for wage loss (not COP In traumatic injury cases, submit 10 days before end of COP; otherwise, as soon as pay stops (tied to pay periods) Submit to OWCP within 5 days of receipt from employee  CA-7a Time Analysis Claiming intermittent compensation, partial days, or repurchase of leave Submit 10 days before end of COP; otherwise, as soon as pay stops (tied to pay periods) Submit to OWCP within 5 days of receipt from employee  CA-7b Leave Buy Back Claiming repurchase of accrued leave used due to injury / illness* Submit 10 days before end of COP; otherwise, as soon as pay stops (tied to pay periods)  Submit to OWCP within 5 days of receipt from employee   CA-16 Authorization for Examination and/or Treatment Guarantees payment of medical care after a traumatic injury  Obtain ASAP, within 4 hours; NLT 7 days from DOI; MD submits to OWCP Issue within 4 hours of injury; 48 hours if verbal authorization given CA-20 Attending Physician's Report Provides medical support for claim Submit to OWCP ASAP following examination(s) N/A CA-35 Evidence Required in Support of a Claim for Occupational Disease Provides medical support for specific conditions Upon completion , should be submitted directly to OWCP N/A OWCP-915 Claim for Medical Reimbursement Claim reimbursement for out of pocket expenses (co-pay, medication, DMEs) Date of service +12 months* N/A OWCP-957   Medical Travel Refund Request  Claim for reimbursable travel r/t treatment  12 months from date of service  N/A OWCP-1500 Health Insurance Claim Form   Standard billing form  Physician submits; DOS +12 months*  N/A
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  • The Benefits of Union Membership

    Pro-illegal immigration groups and criminals are gunning for us, the media vilifies us, and CBP plays politics with our lives. Yes, it seems we Border Patrol agents have few friends and many enemies. At any moment in our unpredictable and dangerous working environment, a situation can erupt that suddenly jeopardizes your life, your job, or your liberty. The National Border Patrol Council is the only organization that has your back. We fight for you when you need it most. We fight for you when no one else will.
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  • Nation Wide Swap Program Open Period Announced

    USBP and NBPC will be opening up solicitations for the Nation Wide Swap Program (NWS) starting August 17, 2015 at 0800 CDT.As outlined in Section 11 of the April 28, 2015 MOU:BPAs will be considered eligible if:
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  • CBP to Implement "High Five" Program

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

    For Immediate Release Contact: Shawn Moran National Spokesman 855-278-6466 ext. This email address is being protected from spambots. You need JavaScript enabled to view it. 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.
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  • NBPC Statement on CBP Integrity Advisory Panel

    The National Border Patrol Council does not condone corruption by Border Patrol agents nor the abuse of illegal aliens.  Those who commit these crimes do not deserve to have the honor of being U.S. Border Patrol agents.   In typical Customs and Border Protection fashion however, they are throwing numbers at a problem by calling for the hiring of 350 Internal Affairs investigators.  The National Border Patrol Council sees this recommendation as premature and calls on CBP to review its internal investigation capabilities.  Overlapping areas of responsibility need to be eliminated, integrity issues amongst investigators eliminated, and clear, concise guidance given to all employees on how investigations will be used.
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  • NBPC Statement on Alleged Collusion

    As uncomfortable as it is for some activist groups to admit, the U.S. border with Mexico is not secure. Daily our agents risk their lives to keep violent people, dangerous drugs, and potential terrorists from entering our nation and causing harm to our citizens. But instead of engaging in a meaningful debate, some immigration activists choose to attack Border Patrol agents for speaking the truth. Rather than discussing the challenges of border security and immigration reform, the Center for New Community decided to attack our organization.
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  • NBPC Statement on Operation Strong Safety

    Over the past year the Texas Department of Public Safety has conducted a surge along the Texas-Mexico border, entitled Operation Strong Safety.  This was in response to an influx of unaccompanied minors and rampant smuggling activity in the Rio Grande Valley and elsewhere. The United States Border Patrol is and has been an integral part of these operations, which have been very successful, belying the Obama administration's claim that the border is more secure than it's ever been.  Customs and Border Protection Commissioner Gil Kerlikowske recently told United States Congressional officials that the Border Patrol, “declined participation in the operation.”  He even went as far to say that the Texas Department of Public Safety falsely claimed Border Patrol stats as their own.  This is not true.  CBP is aware of and has condoned Border Patrol's participation in these operations.  Texas DPS has not manipulated numbers and they have not claimed the Border Patrol's stats as their own.  The operations have been conducted jointly and have proven to be very effective. 
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  • OPM Releases Proposed Regulations for BP Pay Reform Act

    The Office of Personnel Management (OPM) has released the proposed regulations regarding the Border Patrol Agent Pay Reform Act.  These are the regulations that will eventually govern pay administration for Border Patrol agents. We have asked our legal counsel and professional staff to throughly review this document to ensure that these proposed regulations reflect the changes and protections we fought hard for with the passage of BPAPRA of 2014.  Once this review is complete, we will inform OPM of our position and our concerns.  Make no mistake, we will continue to hold OPM’s and DHS’s feet to the fire and to protect our members’ interests and financial security. The public will have 30 days to comment on the proposed regulations.  The proposed regulations are by no means final and may change during this process. We will keep you informed throughout this process. https://www.federalregister.gov/articles/2015/06/17/2015-14809/overtime-pay-for-border-patrol-agents
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  • CBP Helicopter Shot At Near Laredo

    A Border Patrol helicopter was fired upon Friday while flying in a known high drug traffic area near the Rio Grande River in Laredo, Texas. Several shots, which came from the Mexican side of the border, struck the helicopter at about 5 p.m. local time. The rounds penetrated the aircraft, forcing the pilot to make an emergency landing. “Thankfully no agents were hurt in this incident,” said Brandon Judd, NBPC president. “This is another reminder of the dangers of being an agent. As we work to secure the border, drug cartels and human smugglers are becoming more aggressive in their attempts to test our resolve and capacity. “We thank our communities and our families for their support,” he added. “We ask that everyone keep our agents in their thoughts and prayers as we continue to prevent drugs, crime and individuals intending to do harm to our citizens from crossing our border.”
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  • H.R. 2252 Passes Senate

    A short time ago, H.R. 2252 was passed by the United States Senate.  This bill 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.
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  • H.R. 2252 Passes House of Representatives

    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.
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  • NBPC Demands CBP Classify Texas Agent’s Murder a Line of Duty Fatality

    Javier Vega Jr. made the ultimate sacrifice upholding his oath to serve and protect. (Washington, DC) May 13, 2015 As our nation’s law enforcement officers gather this week in Washington, D.C., to honor their 127 brothers and sisters who fell in the line of duty in 2014, there will be one name missing from the stone walls of the National Law Enforcement Memorial. That name is Border Patrol Agent Javier Vega Jr.
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  • Senate Bill to Stop DHS' Partial Implementation of BPAPRA

    As previously stated, the National Border Patrol Council has been working with Congress to address the Agency's attempt to implement parts of the BPAPRA. The following bill is the result of those discussions. Although this bill has not been introduced yet, the NBPC has been informed that the bill will be introduced soon. The bill, as indicated, will prevent the partial implementation of the BPAPRA, such as exempting agents from FLSA, until OPM promulgates and makes effective regulations related to the BPAPRA. Senate Bill to Stop Partial Implementation of BPAPRA
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  • NBPC - FLSA Exemption and AUO Excludability Q&A

    In an attempt to answer some of the questions related to the FLSA exemption and AUO excludability, the NBPC created the following Q&A. This was distributed to local presidents in advance of this posting. Q1.     How will the agency’s recent decision to exempt BPA’s from FLSA impact me? A1.     The impact will be financial in the form of a pay reduction (loss of FLSA payment) for Pay Period 8, the period covering April 19, 2015 – May 2, 2015. We anticipate that with the passage of a Technical Amendment that will be introduced by Senator McCain, all agents will recoup the loss of FLSA for both Pay Periods 8 and 9. Q2.     I am a canine handler, and in Pay Period 8, for each day that I kept my assigned canine at home with me, I worked and claimed the additional hour of canine maintenance (17/17 pay) authorized under the negotiated and agreed upon Canine Policy. How will the exemption of FLSA affect those hours that I worked and claimed? A2.     Due to the FLSA exemption, you will be paid overtime (code 21) for those hours worked and claimed in Pay Period 8. But as with the above answer, we anticipate recouping the loss of FLSA for Pay Period 8.
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  • Update on FLSA Exemption

    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.
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  • DHS Launches Another Attack on Border Patrol Agents

    The National Border Patrol Council was notified today that effective Pay Period 8 (the current pay period covering April 19, 2015 - May 2, 2015), Department of Homeland Security (DHS) decided it was necessary to cease paying FLSA and to eliminate excludable days. DHS irrationally claims these changes are necessary due to the passage of the Border Patrol Agent Pay Reform Act (BPAPRA), which was passed into law on December 18, 2014. DHS also indicated that Border Patrol agents might even suffer greater financial losses by this attack because DHS is considering a plan to recover FLSA payments that were made to agents since the passage of the BPAPRA. Contrary to the absurd claims by DHS, there is nothing in the BPAPRA that says the Agency must wait for OPM to “promulgate regulations.” DHS is choosing to implement portions of the BPAPRA that are harmful when implemented without the other provisions, yet DHS could implement all of the provisions of the BPAPRA to avoid negative impacts to agents.  But alas, that apparently is too much to hope for. The BPAPRA was never intended for piecemeal implementation because it will harm agents when not implemented as intended, but clearly that appears to be the intentions of DHS. The Union has already contacted our attorneys and will be using all of our resources to challenge these disgraceful and unlawful acts. Further, if DHS makes any attempt to recover payments from agents, the Union will fight those attempts with all of the available resources. Official Notice - FLSA Exemption
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  • Overtime Transition Plan MOU

    Attached is the finalized and signed Overtime Transition Plan Memorandum of Understanding. Overtime Transition Plan MOU
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  • Overtime Transition Plan MOU to be Signed

    The National Border Patrol Council is expecting a signed Memorandum of Understanding with Customs and Border Protection, concerning the Overtime Transition Plan, on Tuesday, April 28, 2015. The Office of Personnel Management has determined that Border Patrol Agents are considered exempt from the provisions of the Fair Labor Standards Act as of the signing of the Border Patrol Agent Pay Reform Act (BPAPRA) on December 18, 2014.  The determination left the National Border Patrol Council with the decision to either fight for Administratively Uncontrollable Overtime (AUO) as the type of pay received during the transition or to adopt a transition plan that mirrors the provisions of the BPAPRA.  The pitfalls of fighting for AUO included the loss of FLSA exempt days for leave, thus dropping all agents to either 10 or 15% AUO.
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  • Both Houses Propose FY 2016 Budgets

    Last week both houses of Congress passed proposed budgets for FY 2016 and the contents of these proposals do not bode well for federal employees. Both proposals would require you and all federal employees to contribute an additional $127 billion of your salary from 2016 through 2025. There are also $32 billion in cuts from the Thrift Savings Plan G-Fund, which would reduce the rate paid to retirees for investments in the G-fund. The National Border Patrol Council is currently working with AFGE and other affected components to counter the devastating effects of these proposals. It is estimated that there will be further movement on this issue during the second to third week of April. This process is by no means over and the National Border Patrol Council plans to use every tool at its disposal to deal with these budget proposals.
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  • Testimony of Chris Cabrera Before Senate HSGAC Committee

    Testimony of Chris Cabrera, on behalf of the National Border Patrol Council, in front of United States Senate Homeland Security and Governmental Affairs Committee March 17, 2015 "Chairman Johnson and Ranking Member Carper, thank you for providing me with the opportunity to testify on behalf of the National Border Patrol Council (NBPC) and the 16,500 Border Patrol Agents that it represents.
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  • NBPC Wins Against DHS in Federal Circuit Court of Appeals

    Below is an opinion from the Federal Circuit Court of Appeals in Washington, D.C., in which they reversed the decision of an arbitrator, who had ruled against the Union in an RGV case. NBPC Attorney Jason Aldrich filed a motion with the Court and we owe him credit for an outstanding job! Aldrich argued persuasively in oral arguments before the Court.
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  • Congress Funds DHS

    The National Border Patrol Council, the union that represents more than 16,500 Border Patrol agents, congratulates Congress for today’s passage of a “Clean Bill” to fund DHS. But the NBPC demands Washington politicians stop playing games with Border Patrol agents’ well-being and financial security. Politicians are quick to declare their support for the Border Patrol, said Brandon Judd, the union’s president. “But don’t just tell us you support agents,” he said. “We demand that Congress and the White House show us and stop using our agents as political pawns.”
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  • Transcript of State of the Union Episode 39

    The following is from Episode 39 of the State of the Union podcast which aired on February 20, 2015.  It deals with the OBP's memorandum concerning the decertification of AUO.  http://goo.gl/dOQI53 Shawn Moran: Welcome to the “State of the Union” for the National Border Patrol Council. I’m Shawn Moran. This is a very special episode as yesterday Chief Michael Fisher put out a memo detailing OBP’s actions for the decertification of AUO and the plans that the Border Patrol is taking moving forward in terms of pay. So we wanted to get some more information on that so we went to the union’s chief point of contact, the president of the National Border Patrol Council, Brandon Judd. Brandon, welcome back to the show, sir. Brandon Judd: Thanks, Shawn, I appreciate it.
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  • NBPC Blasts Washington Politics for DHS Funding Battle

    The National Border Patrol Council, the union that represents more than 16,500 Border Patrol agents, calls on Washington politicians to stop playing games with the financial security of agents.    
Politicians are quick to declare their support for the Border Patrol, said Brandon Judd, the union’s president. “But don’t just tell us you support agents,” he said. “Now is the time to show us. We demand that Congress fund the Border Patrol regardless of their disagreements with the White House over immigration policy.”
Lawmakers need to protect those who protect our nation, Judd said.
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  • NBPC Commends Lawmakers For Seeing Border Problems Firsthand

    The National Border Patrol Council commends Sen. Ron Johnson, Chairman of the Committee on Homeland Security and Governmental Affairs, for spending the day talking with Border Patrol agents about our nation’s security. 
 Last month, the House of Representatives sought to push through legislation that would have done little to secure our borders. At that time NBPC President Brandon Judd invited members of Congress to visit the Southwest border to hear from agents on what can and must be done to protect our nation.
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  • NBPC Statement on DACA Implementation

    The primary responsibility of Border Patrol agents is to enforce our immigration laws and protect our borders from those that intend to do our nation harm. Unfortunately, instead of supporting our agents, this administration has decided it is more important to find new ways to solicit complaints and invite ridicule against them.The National Border Patrol Council is dismayed and disappointed that the administration continues to focus on supporting the agendas of extreme pro-illegal immigration groups instead of advocating for additional resources and training for agents and quick implication of a fair compensation system.
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  • NBPC Statement on AUO Decertifications

    On January 22, 23, and 24th (2015), Chief Fisher appeared at several musters in the Tucson Sector and informed agents of the imminent de-authorization of AUO.  The timing of his announcement caught everyone off guard; however, the announcement about the de-authorization itself should not have caught anyone off guard.  Due to the ongoing legal issues of AUO, the agency has been slowly decertifying Border Patrol Agents in phases.  The first phase was management at HQ and all academy personnel; the second phase was upper managers at the sector level; the third phase was second line supervisors and above at both the station and sector levels as well as certain details at both the stations and sectors, and the last phase, which apparently will happen soon is the rest of the Border Patrol.  The culmination of which, is the total de-authorization of OBP.
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  • National Border Patrol Council Opposes H.R. 399

    After careful review the National Border Patrol Council, the union that represents over 16,500 Border Patrol agents, has concluded that H.R. 399 will do very little to secure the border and is a missed opportunity for Congress to meaningfully address border security. Because of this, Border Patrol agents are advocating that members of Congress vote no on the legislation when it is considered in the House next week.  
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  • 2015 National Convention

    UPDATED (2-8-15) The 2015 National Convention for the National Border Patrol Council will be held in April 2015. Advance notice of the Convention was sent to Locals in September 2014, again at the beginning of January 2015, and even more recently. Information about the convention and the process for delegate voting, if necessary (depending on the local's by-laws, entitled number of delegates, and any delegates elected by virtue of office) is available to members in good standing from the member's respective Local.
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  • National Border Patrol Council Statement of Support for the NYPD

    Our thoughts and prayers are with the families of New York police officers, Wenjian Liu and Rafael Ramos, who were gunned down in Brooklyn last month. These brave men gave their lives to protect the community they loved. Their unselfish dedication to their department, their city and their fellow officers is an inspiration to our nation. The more than 16,500 men and women represented by the National Border Patrol Council stand in support of the slain officers and with all the men and women of the New York Police Department.
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  • Congress Passes Border Patrol Pay Reform Bill

    The U.S. House of Representatives today passed S. 1691 - Border Patrol Agent Pay Reform Act of 2014. The passage of this important legislation is a critical step in increasing border security and protecting our nation from dangerous individuals, cartels and terrorists attempting to cross our borders. Brandon Judd, NBPC National President, praised the House for passing this important legislation. “The men and women of the U.S. Border Patrol would like to thank Senator McCain (R-AZ) and Senator Jon Tester (D-MT), Representative Jason Chaffetz (R-Utah) and Representative Beto O’Rourke (D-Texas) for their tireless efforts. We are honored to have worked with these longtime friends and advocates of Border Patrol Agents, our nation’s first line of defense.”
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  • Loss of Border Patrol Agent Juan Esparza

    It is with extreme regret that the National Border Patrol Council reports the death of Border Patrol Agent Juan Esparza. Agent Esparza was traveling home after completing his shift at the Cotulla, TX Border Patrol Station, when the van he was the driver of was struck head-on by a suspected drunk driver. The passenger, a fellow Border Patrol agent, was severely injured but will survive. Border Patrol Agent Juan Esparza was a member of the U.S. Border Patrol Academy's 858th Session, had been a Border Patrol agent for six years, and is survived by his parents. The thoughts and prayers of Border Patrol agents nationwide are with the family of Agent Esparza and his injured partner. This loss is felt profoundly by the Border Patrol family and the millions of Americans who support our Border Patrol agents.
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  • Response to POLITICO Article

    This article is in response to the recent article “The Green Monster” written by Garrett M. Graff. As president of the National Border Patrol Council, I have the honor of representing the hardworking, dedicated and patriotic individuals who protect our nation. I would walk through fire to protect the integrity of our 16,000-plus members. But I will never defend the indefensible. The brutal crimes committed by a Texas-based agent, described in stomach-churning detail in “The Green Monster,” are monstrous, indeed. These heinous acts do not represent the Border Patrol, of course, and should not be used to dismiss or disparage the routine professionalism in our ranks. Wrongdoing should never be covered up, nor should it overshadow the frequent acts of altruism and heroism.
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  • Lawsuit Forms

    IMPORTANT: NBPC members must complete, sign, and mail the below consent-retainer form to Woodley & McGillivary at the address below in order to participate with the lawsuit to recover pay for uncompensated work: WOODLEY & MCGILLIVARY1101 Vermont Ave., N.W.Suite 1000Washington, D.C. 20005
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  • Body Cameras Another Bad Idea from Washington

    Commissioner Kerlikowske announced a pilot project last week that could ultimately lead to a requirement that Border Patrol agents wear body cameras. We are opposed to this ill-conceived, politically motivated idea. Our concerns are numerous. First, trust and respect matter. It was disturbing that the new Commissioner chose to unveil this news in front of an audience of activists who openly advocate against Border Patrol agents and criticize our every action. Not only has he chosen not to sit down with us to discuss this, he failed to mention this change in policy in an interview he did earlier that morning with NBPC Vice President Shawn Moran. This is hardly the best way to establish a respectful relationship with the men and women who protect our borders.
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  • Border Patrol Agent Pay Reform Act

    Attached is the current version of the Border Patrol Agent Pay Reform Act (S. 1691), which was passed by the Senate on September 18, 2014.   Border Patrol Agent Pay Reform Act We have also attached a document which provides an English language breakdown of the bill, the hearings, and amendments. Breakdown of S. 1691, Hearings, and Amendments The bill now heads to the House of Representatives for consideration.
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  • National Border Patrol Council Praises the Senate Passage of Pay Reform

    As the threat from ISIS increases the U.S. Senate has taken steps to increase border and cybersecurity. The passage of S. 2354 - DHS Cybersecurity Workforce Recruitment and Retention Act of 2014 increases resources to protect our nation from cyber attacks and from dangerous individuals, cartels and terrorists attempting to cross our borders. Brandon Judd, NBPC National President, praised the Senate for passing this important legislation. “The men and women of the U.S. Border Patrol would like to thank Senator McCain (R-AZ) and Senator Jon Tester (D-MT) for their tireless efforts. We are honored to have worked with these longtime friends and advocates of Border Patrol agents, our nation’s first line of defense.” Judd said the legislation makes our nation safer. “It effectively puts another 1,500 highly trained agents on the border while saving taxpayers $100 million a year. Given the crisis in the Middle East, it is critical that we secure our borders, and we simply cannot do it without the passage of this legislation.” “It is now time for the House of Representatives to act,” he added. “As the ISIS threat grows, we have less manpower on the border today than we did two years ago. Potentially adding another 1,500 highly trained and motivated Agents will make a huge difference. The House of Representatives is in session only one more week before they recess. The question my Agents keep asking themselves is will they act.”
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  • Border Patrol Pay Reform Act Passes 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 passed the Senate. It has now been sent to the House for consideration. We still have a lot of work to do. This is not a done deal yet. We are grateful for the elected representatives and their staffs who put so much 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.
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  • Not Enough Money For Enforcement, But Plenty For Art

    Feds to Spend $500,000 for New Art at Customs and Border Protection Facility in San Diego For the past few years Customs and Border Protection has seen a marked decrease in budgetary requests and appropriations when it comes to employee salaries.  The start of sequestration saw the first ever across-the-board decrease in the amount of Administratively Uncontrollable Overtime (AUO) for Border Patrol agents.  This cut resulted in a decrease in manpower in the field, equivalent to 1,200 agents, during the shift changes which have always been the most vulnerable times.  
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  • Border Patrol Needs Full Staffing Not National Guard

    Pay Reform Bill Will Save Taxpayers Millions and Put More Boots On The Ground The National Border Patrol Council, the union for Border Patrol Agents, is urging Congress to pass a crucial amendment to H.R. 5230 that will increase border security.  Council President, Brandon Judd says, “At this time of critical need, we are not fully staffed at the border. Currently, federal restrictions prevent us from doing the job we are trained to do.  We must be able to use the resources we have to fulfill our mission of protecting the borders. The Pay Reform legislation introduced by Senator Jon Tester (D-Montana), Senator John McCain (R-Arizona), and Representative Jason Chaffetz (R-Utah) gives us the ability to get our full complement of agents in the field.”
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  • Ask Your Border Patrol Agents

    If Congress wants to seriously start addressing the crisis at the U.S.-Mexico Border, it should first turn to those who risk their lives each and every day to protect the integrity of that border, U.S. Border Patrol Agents.  If you ask the frontline troops what’s needed on the ground, they’ll tell you more agents and better yet, they can do it by saving taxpayer dollars. Only in the political bubble that exists in Washington, could Congress overlook the obvious – a plan that puts more boots on the ground and saves us all money. Yet, that is exactly what’s happening. Border Patrol Agents have been yelling from the Rio Grande all the way to Capitol Hill, that they have a simple, effective, cost-saving path towards alleviating the emergency at the border.
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  • Murder of Border Patrol Agent Javier Vega

    It is with extreme sadness that the National Border Patrol Council announces the murder of Border Patrol Agent Javier Vega last night in Santa Monica, TX.  Border Patrol Agent Vega was spending his time off with his family when two criminals attempted to rob him.  Agent Vega was armed and fought back to protect his family.  During the course of the ensuing firefight Agent Vega's father was hit in the leg and Agent Vega was mortally wounded.  After Agent Vega fell, his family members continued to fight back. Agent Vega's actions were in keeping with the finest traditions of the United States Border Patrol and his will be a place, deserved of honor and glory, when the final story of the United States Border Patrol is written.  Our thoughts and prayers go out to his family, friends, and colleagues in the Rio Grande Valley Sector. We want to commend the Border Patrol agents and other law enforcement officers involved in the manhunt for Agent Vega's killers.  It is through their professionalism and tenacity that the wretched animals who committed this crime will face the full measure of Texas justice.
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  • Latest Pay Reform Documents

    To avoid any confusion or misinformation on the Border Patrol Pay Reform Act, we are providing the following document.   Below is the Senate Bill that was proposed at markup. This is not the final version that passed the committee but it is the Amendment in the form of a substitute that was submitted. The final language that passed committee along with this has not been written and is not available in text.  The other change is a 2nd degree amendment submitted by Senator Tester that superseded the amendment submitted by Dr. Coburn. The 2nd degree amendment affects HQ, the academy, and admin positions but does not affect field agents.  When the text becomes available, we'll post it. Document No. 1
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  • Update on TSA Allowing Illegal Aliens to Fly with NTAs

    It is our understanding that on July 11, 2014 at 11PM local time, TSA employees at the Laredo International Airport notified Border Patrol agents that they had received an email with instructions to no longer allow illegal aliens to fly commercially using an I-862 as their sole form of identification.  The TSA employees stated that illegal aliens would be allowed to fly using an I-862 accompanied by a foreign passport or foreign ID. This malfeasance had been occuring for several weeks putting numerous commercial flights at risk.  Only after media attention was brought to bear did the federal government take action to correct it, after it was repeatedly denied by the TSA spokesperson.  As of this posting no one in the federal government has publicly admitted that this was occuring or that the situation has been remedied. These types of incidents should never happen in the first place.  TSA exists because in 2001, 19 people exploited our immigration system and then brought terror to American cities via our commercial transportation system.  Those who do not study history are doomed to repeat it. 
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  • NBPC Statement on TSA Allowing Illegal Aliens to Fly

    The National Border Patrol Council was recently notified that as recently as July 9, 2014, illegal aliens, who had been processed by Border Patrol agents in the Laredo Sector, were released with an I-862, Notice to Appear, and used that document as identification to board commercial aircraft at Laredo International Airport.
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  • NBPC Statement on Influx of Juveniles in RGV Sector

    The Rio Grande Valley Sector of the United State Border Patrol is currently experiencing record high numbers of unaccompanied juveniles and Other Than Mexicans (OTMs).  These apprehensions are straining a border enforcement system due to the additional regulations, laws, and court decisions that apply to apprehended juveniles and OTMs.
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  • Border Patrol Agent Killed in Rollover Accident

    We regret to report the loss of a Border Patrol agent from the Willcox, AZ Border Patrol Station. Shortly after 7:30 this morning (MST) in Arizona, two on-duty Border Patrol agents were involved in a single-vehicle accident.  The agents were traveling Eastbound on I-10 near Sybil Road when the accident occurred. Both agents were transported to the University Medical Center in Tucson; one via Life Flight and the other via ground ambulance. Sadly, the Border Patrol agent being transported via Life Flight – a 5-year veteran of the Border Patrol – died enroute. As of this writing, the nature of other agent’s injuries is not known and the cause of the accident is being investigated. Our thoughts and prayers go out to the surviving agent and both families. May the fallen Border Patrol agent rest in peace, you will not be forgotten.
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  • BPA Reform Act Mark-Up Cancelled

    As reported by Congressional Quarterly and GovTracker.com, the Border Patrol Agent Pay Reform Act was scheduled for mark-up on May 21, 2014; however, we found out that it was unexpectedly cancelled. It appears that the mark-up was cancelled due to the objections of a Senator on the committee that was scheduled to mark-up the bill. As you can see, in order to get a bill passed into law, it takes a huge effort involving a coalition of members of Congress to come together and agree; yet to kill a Bill, it can take just one member of Congress to ensure that the proposed legislation never sees the light of day. This has been a long and arduous process, but the NBPC is committed to doing everything it can to stabilize our pay and ensure that our efforts are not abandoned.
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  • NBPC Statement on American Immigration Council Study

    The National Border Patrol Council, representing 17,000 United States Border Patrol agents, takes issue with the study conducted by the American Immigration Council alleging that Border Patrol agents are abusing illegal aliens and that Customs and Border Protection is turning a blind eye. The National Border Patrol Council does not condone the abuse of illegal aliens, in any form. Border Patrol agents work every day to protect this nation’s borders.  This same work includes rescuing illegal aliens, treating their injuries, and providing them food and shelter in numbers far beyond what any other aid group has ever accomplished for illegal aliens.  While foreign governments and cartels will abuse, rob, injure, and kill illegal aliens headed to the United States, those that make it across the border know that even if they are caught by the Border Patrol they will be cared for and returned to their native country alive and fed.  This is not to say there are not those within our ranks that have committed crimes against illegal aliens.  Those crimes should be thoroughly investigated and if found guilty, the criminals punished.
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  • BP Pay Reform Scheduled for Markup in Senate Homeland Security and Gov Affairs Committee

    The Senate Homeland Security and Government Affairs Committee is scheduled to meet on May 21, 2014 to markup (debate, amend, and rewrite) the Border Patrol Agent Pay Reform Act. See below post from GovTrack.us: Senate Homeland Security and Governmental Affairs Business meeting to consider an original bill entitled, "DHS Cybersecurity Workforce Recruitment and Retention Act of 2014", S.2113, to provide taxpayers with an annual report disclosing the cost and performance of Government programs and areas of duplication among them, H.R.1233, to amend chapter 22 of title 44, United States Code, popularly known as the Presidential Records Act, to establish procedures for the consideration of claims of constitutionally based privilege against disclosure of Presidential records, S.1045, to amend title 5, United States Code, to provide that persons having seriously delinquent tax debts shall be ineligible for Federal employment, S.1744, to strengthen the accountability of individuals involved in misconduct affecting the integrity of background investigations, to update guidelines for security clearances, S.1691, to amend title 5, United States Code, to improve the security of the United States border and to provide for reforms and rates of pay for border patrol agents, S.675, to prohibit contracting with the enemy, S.1820, to prohibit the use of Federal funds for the costs of official portraits of Members of Congress, heads of executive agencies, and heads of agencies and offices of the legislative branch, H.R.1036, to designate the facility of the United States Postal Service located at 103 Center Street West in Eatonville, Washington, as the "National Park Ranger Margaret Anderson Post Office", H.R.1228, to designate the facility of the United States Postal Service located at 123 South 9th Street in De Pere, Wisconsin, as the "Corporal Justin D. Ross Post Office Building", H.R.1451, to designate the facility of the United States Postal Service located at 14 Main Street in Brockport, New York, as the "Staff Sergeant Nicholas J. Reid Post Office Building", H.R.2391, to designate the facility of the United States Postal Service located at 5323 Highway N in Cottleville, Missouri as the "Lance Corporal Phillip Vinnedge Post Office", H.R.3060, to designate the facility of the United States Postal Service located at 232 Southwest Johnson Avenue in Burleson, Texas, as the "Sergeant William Moody Post Office Building", and the nominations of Sherry Moore Trafford, and Steven M. Wellner, both to be an Associate Judge of the Superior Court of the District of Columbia, Julia Akins Clark, of Maryland, to be General Counsel of the Federal Labor Relations Authority, and Tony Hammond, of Missouri, and Nanci E. Langley, of Hawaii, both to be a Commissioner of the Postal Regulatory Commission. S. 1691: Border Patrol Agent Pay Reform Act of 2013
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  • DHS officials broke hiring rules, watchdog alleges

    Washington Post By Lisa Rein Updated: April 9 at 6:00 am Top hiring officials at the U.S. Customs and Border Protection agency broke federal civil service laws when they tried to hire three politically connected but unqualified candidates who were favored by the agency's then-commissioner, a government watchdog charged Tuesday. The human resources office was warned that choosing the candidates, political appointees who worked on President Obama's 2008 campaign and were then hired at the Department of Homeland Security, CBP's parent agency, would circumvent laws designed to create a fair competition for federal jobs.
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  • CBP Chief: Policies May Be Fueling Spike in Minors Crossing Border Illegally

    The head of Customs and Border Protection conceded Wednesday that the Obama administration’s policies against deporting immigrant children, as well as its practice of reuniting them with their parents, are factors in the steep increase in minors crossing the border without legal guardians. The agency’s new commissioner, Gil Kerlikowske, told the House Appropriations Homeland Security Subcommittee that violence in Central American countries is a major driver of the recent spike in unaccompanied children illegally entering the United States, but he also agreed with the subcommittee’s chairman that some of the administration’s policies on handling immigrant children are part of the problem.
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  • NBPC Issues Press Release on Kidnappings/Assaults in McAllen, TX

    FOR IMMEDIATE RELEASE San Diego, CA – March 14, 2014 – The 17,000 members of the National Border Patrol Council wish to express their deepest condolences over the recent tragedy that occurred on March 12th and 13th in McAllen, Texas. Our thoughts and prayers go out to the victims of this heinous crime. We cannot begin to fathom the pain and trauma they have suffered.
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  • The NBPC Issues Statement About the Use of Force

    FOR IMMEDIATE RELEASE
 San Diego, CA – March 3, 2014 – “Reaching into his bag and taking out a stone, he slung it and struck the Philistine on the forehead. The stone sank into his forehead, and he fell facedown on the ground.”  Samuel 17:49 The stoning of Goliath by David was not the first killing using rocks, nor will it be the last.  Rocks can maim and kill just as easily as a knife or a firearm.  Every day on the border between the U.S. and Mexico, Border Patrol agents are assaulted with rocks, bricks, and other projectiles.  These weapons are readily available and have the potential to do great harm.
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  • Senator McCain's Letter Regarding Pay Reform

    "Senator John McCain has taken personal notice of the affects that the de-authorization of Administrative Uncontrollable Overtime (AUO) will have on border security and is working with Senator Carper to make the security of our border a priority. Not only is Senator McCain concerned about border security, but it appears he's aware of the heavy tax burden being levied on Arizonans, and along with Senator Testor of Montana, has proposed legislation that will give an added measure of border security while also saving tax payers money. In his letter to Senator Carper, he points to the billion dollar savings his legislation will give the government. This is a common sense approach by a legislator, who's working in a government that fails to exercise common sense nearly enough. Border Patrol Agents would like to thank Senator McCain for looking out for the best interest of the United States, as well as their families." Read Senator McCain's letter to Senator Carper.
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  • Pay Reform Update (1-15-14)

    National Border Patrol Council President Brandon Judd is scheduled to testify before a Senate sub-committee later this month on the state of AUO and its use within the US Border Patrol.  We will send out details on that hearing as soon as they become available. The release of the Omnibus Spending Bill indicated positive news for the Border Patrol Pay Reform Act as the House and Senate Appropriations Committees specifically mentioned pay reform in the joint explanatory statement they issued.  It reads as follows: "Administratively Uncontrollable Overtime CBP is directed to support the Department's review of the rampant use of Administratively Uncontrollable Overtime (AUO) across the Department. Recognizing the particular challenges of the Border Patrol, the Commissioner shall work with the National Border Patrol Council to expeditiously develop a pay reform proposal and submit it to Congress. Until such proposal is enacted, CBP shall be judicious in the use of AUO, consistent with current law, policies, and operational needs and cognizant of budgetary constraints." The NBPC views this as a step forward to ensure that Border Patrol agents are fairly and consistently compensated.  We will continue to provide updates as the process moves along.
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  • Largest Federal Employee Union Leader Rejects Budget Deal Targeting Federal Pensions

    FOR IMMEDIATE RELEASE: December 10, 2013 Contact:Tim Kauffman 202-639-6405/202-374-6491 This email address is being protected from spambots. You need JavaScript enabled to view it. AFGE rejects notion that there should be trade-off between federal programs and federal employees WASHINGTON – American Federation of Government Employees National President J. David Cox Sr. issued the following statement in response to the budget deal announced today by the Budget Conference Committee: “Despite the extraordinarily hard work of several Congressional leaders, AFGE cannot support any budget deal that asks for more from federal employees. AFGE represents more than just the 670,000 federal and D.C government employees on the rolls today, but every other federal worker who will one day take the oath and be forced to live with this needless pension cut. “AFGE rejects the notion that there should be a trade-off between funding the programs to which federal employees have devoted their lives, and their own livelihoods. Though the $6 billion in increased retirement contributions for new employees is less severe than the administration’s $20 billion proposal, it is still unacceptable. “Newly hired federal employees already pay 3.1% of their salaries toward their defined benefit pension and 6.2% to Social Security. Forcing employees hired after 2013 to pay an additional 1.3% -- for a total of 4.4% -- toward their pension will make it all but impossible for them to fund their Thrift Savings Plan accounts. The result will be a serious shortfall in their retirement income security, and a substantial lowering of their standard of living. “We also are concerned with the impact of the new self plus one category in the Federal Employees Health Benefits Program, which will raise costs for families with more than two persons. “None of this would be occurring were it not for the perverted logic of austerity politics. The Budget Control Act was a grave mistake, and the spending cuts it imposes year after year have been ruinous for our economy and for the government services on which all Americans depend. Spending cuts hurt the poor and the vulnerable, and they also hurt military readiness, medical research, enforcement of clean air and water rules, access to housing and education, transportation systems and infrastructure, and homeland security. Congress should focus its efforts on repealing the Budget Control Act, not pitting federal workers against the very programs to which they have committed their lives. “While we have not yet seen the language limiting the compensation taxpayers must pay for individual contractor employees to $487,000, AFGE will work to lower the overall amount, which is still too high, and also will work to ensure that there are no unnecessary loopholes or exceptions. Although limiting contractor compensation technically doesn’t ‘score’ for budget purposes, GAO estimates that it will save almost $500 million annually, just in DoD. Agencies will be better off by being able to rid themselves of ridiculously high compensation for contractor employees. “AFGE’s members are extremely grateful for the heroic work of House Budget Committee Ranking Member Chris Van Hollen of Maryland for his efforts as a chief negotiator of the budget deal, and in particular for his extraordinary efforts to protect current federal employees. AFGE also is grateful to House Minority Leader Nancy Pelosi of California, Steny Hoyer of Maryland, Jim Clyburn of South Carolina, Stephen Lynch of Massachusetts, Frank Wolf of Virginia, Keith Ellison of Minnesota and Nita Lowey of New York for their leadership in pushing for a deal that would not unfairly punish federal workers. Finally, Senators Patty Murray of Washington, Ben Cardin of Maryland, Barbara Mikulski of Maryland and Harry Reid of Nevada all worked hard to ensure that the budget deal was fair for federal workers.” ### The American Federation of Government Employees (AFGE) is the largest federal employee union, representing 670,000 workers in the federal government and the government of the District of Columbia. For the latest AFGE news and information, follow us on Facebook and Twitter.
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  • HR Committee on Oversight and Government Reform - Hearing on AUO

    Below is the video from the hearing that the House of Representatives Committee on Oversight and Government Reform held on November 20, 2013 regarding Administratively Uncontrollable Overtime. The hearing starts at 26 minutes into the video so you'll need to fast-forward to that point. Video streaming by Ustream
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  • Pay Reform Bills: S. 1691 and H.R. 3463

    Rather than publish the bills on this site, the NBPC is providing links to the bills that appear on the Congress.gov website so that members can track the status of the bills: Senate version - S. 1691 House version - H.R. 3463  
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  • Congressman Chaffetz Aims to Fix Broken Border Patrol Pay System

    New legislation would save more than an estimated $1 billion over 10 years Nov 13, 2013 Washington, D.C. – Today, Congressman Jason Chaffetz introduced H.R. 3463, The Border Patrol Pay Reform Act of 2013. This bipartisan legislation aims to fix inadequacies in Administratively Uncontrollable Overtime (AUO) – the overtime component within the Border Patrol pay system – by creating a consistent and reliable pay system. These reforms will also enhance border security and save taxpayers more than $1 billion over 10 years according to initial estimates.
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  • Senators Tester and McCain Introduce Legislation To Reform Border Patrol Agent Pay, Save Billions

    Nov 13, 2013 (U.S. SENATE) - Senators Jon Tester (D-Mont.) and John McCain (R-Ariz.) are introducing bipartisan legislation to reform the antiquated Border Patrol Agent pay system and save up to $1 billion over 10 years. The Border Patrol Agent Pay Reform Act of 2013 will provide more reliable pay and work schedules for Border Patrol Agents.
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  • National Border Patrol Council Rejects Limits on Use of Force

    Border Patrol agents work in a unique law enforcement environment and encounter threats that are not often seen by police and sheriff’s departments. One of these threats is the use of rocks by smugglers and illegal aliens to harass, distract, and assault Border Patrol agents. Rocks are prevalent throughout the southwest border, weapons that are close at hand, and are of sufficient size to cause extensive injuries to agents including death.
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  • National Border Patrol Council Statement on Administratively Uncontrollable Overtime (AUO)

    The single and unchanging reality on the U.S. borders is the fact that those who are trying to get into the U.S. illegally never take a day off. Proposals to decertify Administratively Uncontrollable Overtime (AUO) ignore this reality, essentially stripping Border Patrol agents ofthe ability to pursue criminals or prevent an illegal crossing the moment their eighth hour of the shift is over.
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  • Washington Post Report Shines Spotlight on Need for Pay Reform

    It seems only appropriate that the Office of Special Counsel delivered its report on the failings of Administratively Uncontrollable Overtime, known in federal circles as AUO, on Halloween. The Washington Post coverage of the report focused on the aspects of the Treat, referring to the “candy bowl” of overtime money from which some Homeland Security employees have unethically dipped. But the most unappetizing aspect of the issue is the Trick being played on taxpayers, that the government continues to employ a broken and bloated pay system even though an efficient and remarkably logical solution is well within reach.
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  • Congressman Barber Goes to Bat Again for Border Patrol Agents

    Congressman Barber has been a terrific ally to rank-and-file Border Patrol agents. He is always seeking our ideas on better ways to do our jobs and he has been a true friend over the years. Thank you Congressman Barber for once again having our backs. We appreciate it.  
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  • Government Shutdown of 2013

    As most should know by know, if an agreement is not reached by Congress and the White House before the end of the Fiscal Year (today, September 30), federal law requires the government to shutdown. This means all employees who are classified as non-exempt will be furloughed and all employees who are classified as exempt are required to report to work on Tuesday, October 1st. The Office of Border Patrol has determined that the following employees are exempt and must report to work: All Border Patrol Agents All Law Enforcement Communication Assistants (LECA) All Automotive Mechanics If your occupation is not listed above and you have not received an official notice from the Agency, contact your supervisor. According to the Border Patrol, in the event of a government shutdown, all previously approved leave from October 1, 2013, and later will be cancelled. Additionally, paid leave cannot be authorized during a government closure. During the shutdown, employees who report to work will not be paid until Congress passes and the President signs a new appropriations or Continuing Resolution. Employees who are furloughed may be paid only if Congress authorizes payment for the furlough period. All employees should monitor the news and Office of Personnel Management website.
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  • National Border Patrol Council Calls on CBP to Show Use of Force Data

    FOR IMMEDIATE RELEASE National Border Patrol Council Calls on CBP to Show Use of Force Data September 26, 2013 Washington, D.C. – The National Border Patrol Council condemned the decision by U.S. Customs and Border Protection (CBP) to overhaul its basic training on the use of force and mandate the use of cameras in vehicles and on agents. The NBPC’s concerns are myriad: ranging from the privacy violations that cameras would incur, to the fact that Border Patrol agents already receive extensive training in the use of force, to the reality that the decision would cost millions of dollars at a time when Border Patrol agents are lacking basic resources to secure the border and a long-overdue pay reform package.
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  • Pay Reform Update

    September 17, 2013 For the past few months the National Border Patrol Council has been involved in a comprehensive effort to improve border security, obtain essential resources and enact pay reform through the Border Patrol Pay Reform Act. As you can imagine, this process has been time-consuming and frustrating: a real test of our patience. Before the Congressional recess, circumstances changed by the day, if not the hour! Because of that uncertainty, there was no easy way to provide you with accurate and concise updates. We can tell you that pay reform legislation continues to move forward and we've had a number of productive meetings on Capitol Hill with Senators, Representatives, and their teams.
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  • Senator Jon Tester Introduces Border Pay Reform

    For the past two decades, the National Border Patrol Council (NBPC) has successfully derailed attempts to eliminate Administratively Uncontrollable Overtime (AUO). However, in recent years, the frequency and magnitude of the attacks on AUO have dramatically increased, causing the NBPC to reconsider the issue and review the alternatives. As a result, nearly two years ago, the NBPC developed Border Patrol Pay Reform.
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  • CBP Sequester Update

    On Thursday, May 2, 2013 at 5:05 PM EST, Thomas Winkowski sent an ill-advised message to all CBP employees.  His message contained Customs and Border Protection’s (CBP) continued speculation of mere possibilities and failed to shed new light on our current pay issues. The following will provide the most up to date information we have.  It will also explain how we got here, what we've done, and what we're doing. The Budget Control Act of 2011 and the failure of the U.S. Congress to reach a bipartisan agreement to stem the effects of the Act is what triggered what is known as sequestration.  Sequestration is a Congressional mandate, memorialized in law, to cut government spending thereby reducing the federal deficit.
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  • NBPC Officers Tell Lawmakers Budget Cuts Will Hurt Security

    Thursday, April 11, 2013
By Connor Radnovich 
Cronkite News WASHINGTON – Border Patrol agents told House members and congressional staffers Thursday that this is the worst possible time to cut the agency’s budget as the country clamors for immigration reform that includes a secure border. But the automatic federal spending cuts known as sequestration could take the equivalent of 20 percent of the patrol’s manpower at the border through furloughs and elimination of overtime, they said. “By decreasing the number of agents in the field, we’re creating holes. And with those holes, drug smugglers will exploit them,” said Brandon Judd, president of the National Border Patrol Council.
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  • Texas Congressional Delegates Sign Letter Addressing Impacts of Sequestration on the Border

    The National Border Patrol Council would like to thank the following Congressional representatives from Texas for the letter they signed in support of Border Patrol agents and our efforts to secure the borders.  Henry Cuellar (28th District of Texas) Beto O'Rourke (16th District of Texas) Ruben Hinojosa (15th District of Texas) Filemon Vela (34th District of Texas) Read the letter
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  • NBPC Pay Reform and Sequestration Update

    The National Border Patrol Council (NBPC) has been and continues to be actively engaged in pursuing the interests of Border Patrol agents nationwide in regards to pay issues, border security issues, station closures, Border Patrol operations and other issues affecting morale. With regards to pay reform, the NBPC has taken the following actions: In late 2011, the NBPC contracted Woodley & McGillivary, a top-rated law firm devoted to protecting and enforcing the rights and interests of labor organizations and employees in both the public and private sectors. Woodley and McGillivary helped draft pay reform legislation to address the needs of our agents.  
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  • Border Patrol Agents Singled-Out Again for Huge Reductions in Pay

    On February 19, 2013, the National Border Patrol Council (NBPC) received official notice from Customs and Border Protection (Agency) regarding the Agency's proposed sequestration plan. The Agency intends to implement these plans if Congress does not do what is necessary to avoid sequestration. Included with this message is a copy of the notice that details the proposed cuts for the Office of Border Patrol (OBP), Office of Field Operations (OFO) and Office of Air and Marine (OAM). Some of the cuts outlined in the notice include: decertification of administratively uncontrollable overtime (AUO), furloughs, a reduction of travel expenses, and assigning two agents to a vehicle. While it is great to finally receive a notice from the Agency that actually contains some information, the NBPC would like to address a false statement that appears in the beginning of the notice. The statement leads one to believe that the NBPC failed to respond to the invitation to engage in discussions regarding fiscal uncertainty. This statement is a blatant lie, and NBPC representatives are in possession of email correspondence that proves it. Fortunately, when confronted about their lie, the Agency agreed to retract this erroneous statement.
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ODMP Notifications

  • Riverdale Police Department (GA)

    Feb 11, 2016 | 16:08 pm

    Riverdale Police Department (GA) Major Greg Barney was shot and killed while assisting members of the Clayton County Police Department at an apartment complex in the 6600 block of Church Street.Major Barney, who was...

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Member News

  • Statement on BPAPRA Implementation +

    On January 29, 2016, Border Patrol agents began receiving the first paychecks under the recently enacted BPAPRA of 2015. Read More
  • Canine Pay Under the BPAPRA +

    Recently OBP published a document on the intranet entitled "BPAPRA Frequently Asked Questions."  One of the answers given to one Read More
  • The Benefits of Union Membership +

    Pro-illegal immigration groups and criminals are gunning for us, the media vilifies us, and CBP plays politics with our lives. Read More
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