NBPCborder

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.

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.

The NBPC is developing talking points for those members who opt for an oral reply and a template for those who opt for a written. Since the Agency has failed to provide the necessary information, we will have to base our responses off of what we all know and the waste we all see on a regular basis. If the Agency finally provides the information that was requested by the Union two weeks ago, then we are confident the information will provide sufficient information to challenge the proposed actions.

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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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