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.
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:
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.
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.