NBPCborder

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.

The agreement for this Overtime Transition Plan allows agents to earn the same amount of money as they currently do, and in some cases based on their election of tier, earn more money.  This plan removes the albatross that AUO has become and its resultant investigations.  The Overtime Transition Plan will go into effect no sooner than May 31, 2015

In addition to the opportunity to implement improvements in working conditions that will permit an overwhelming majority of agents to achieve a better work-life balance while continuing to support the Border Patrol's mission, the National Border Patrol Council was able to secure the implementation of the following programs:

  • The elimination of "clean shifts."
  • The establishment of Compressed Work Schedules for those electing the 80 and 90 hour tiers.
  • The establishment of a location swap, in which two agents from different duty stations can exchange positions at their own cost.
  • The expansion of the CBP Physical Fitness Pilot Program to all Border Patrol Sectors.  Travel time will not count against the allotted program time.

Upon the signing of this MOU, the National Border Patrol Council will have attained a stable stop-gap measure to maintain pay while the BPAPRA is fully implemented.  It will also have achieved many of the long-standing desires of Border Patrol agents in the form of mobility, alternate schedules, and the ability to improve their physical fitness at work.

More information will be forthcoming concerning the Overtime Transition Plan and its subsidiary agreements.

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.

WMlaborlaw

greenline

Member News

  • Nationwide Swaps Open on June 26, 2017 +

    The USBP Nationwide Swap Program (NWS) will be open from June 26, 2017 at 8:00 am (CT) to July 10, Read More
  • Canine Lawsuit Settlement Update +

    Contrary to rumors that have been circulating recently, no settlement monies have been received or disbursed.  It is estimated by Read More
  • Officer Safety Bulletin +

    Due to recent national events specifically targeting law enforcement and two highly suspicious incidents involving Border Patrol agents, the National Read More
  • 1

Know Your Rights

  • Obey Now, Grieve Later +

    "Obey now, grieve later" - an employee should obey a supervisors lawful order and grieve the order later if the employee Read More
  • Hearing Loss Guidance +

    When an injured federal employee files a workers’ compensation claim for hearing loss, it is common to find challenges when Read More
  • DOL Publications +

    If you have any questions about the applicability of the Federal Employee Compensation Act (FECA) and its application in OWCP Read More
  • 1