NBPCborder

A letter has been mailed to the last known address for all members concerning a lawsuit related to pay violations. If you did not receive the letter, then that means you have not updated your mailing address with AFGE, which you can do by going to the AFGE website. Included with this message is a copy of the letter.

The law firm of Woodley & McGillivary has extensive experience and success in recovering pay for federal workers, including cases on behalf of Border Patrol agents to recover FLSA pay, hazardous duty pay, and AUO. The NBPC is confident that Woodley & McGillivary will successfully recover any monies related to this matter.

The National Border Patrol Council supports this lawsuit because we believe that the Agency has committed extensive violations of the law that have led to a widespread loss of pay for agents.

NBPC Lawsuit Letter

The National Border Patrol Council (NBPC) is frequently asked who is behind the plan to reduce the number of Border Patrol agents on the border, which is what will occur if Customs and Border Protection (CBP) is successful with de-authorizing Administratively Uncontrollable Overtime (AUO). In one prior article, the NBPC reported how Bianca Warner openly stated in a meeting with the NBPC how she believed Border Patrol agents are overpaid. In response, the NBPC reported Bianca Warner's base salary in 2011, which was $170,512.00. Interestingly, after reporting this information, the NBPC heard from several sources who said they have heard Bianca Warner make similar outrageous statements on various occasions.

The NBPC just discovered there is a chart of the 1000 highest paid employees in Customs and Border Protection. The data was obtained from the same source that was previously used to report the base salary of Bianca Warner and the Labor Employee Relations Specialists in CBP. Guess what? Bianca Warner is number 31 on the CBP highest paid list.

Donald R. Stakes
Director Labor Management Relations
U.S. Customs and Border Protection
1400 L Street NW Washington DC 20229

Subject: Sequestration

Dear Mr. Stakes,

On Feb. 19,2013, CBP provided notice of its intent to furlough all CBP employees for up to 14 work days and to reduce overtime compensation by decertifying all Border Patrol Agents ("BPAs") who had been authorized to work Administratively Uncontrollable Overtime (AUO). These proposed actions constitute changes in the employee's conditions of employment.

In a Feb. 25, 2013 letter, the National Border Patrol Council ("NBPC") demanded to bargain over CBP's sequestration plan, including, but not limited to the plan to furlough employees and decertify all BPAs for AUO. In addition to listing a number of initial bargaining positions, NBPC requested information needed to forward its proposals. Although the agency has not yet responded, NBPC was forced to set a bargaining date because the agency had unilaterally and inappropriately begun to implement its proposals. You and I have agreed to commence bargaining on Tuesday, March 19,2013, and you have further agreed to exert your best efforts to provide me with our previously requested information prior to the start of bargaining.

UPDATE (3-7-13): The request for information template has been added to the end of this article. Every employee should exercise their right to request and receive information related to this proposed action in order to properly prepare an official response. This is especially important given the Agency's official response to their decision to increase the salaries of the patrol agents in charge. In that response, the Agency claims that those salaries are not associated with the sequester. What they do not explain is how they chose not to associate them with the sequester and instead opted to associate your pay instead.

OT Lawsuit

If you are a border patrol agent who is a member of the NBPC union, click here for info to sign up for the overtime lawsuit.

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