Special Reports.

As posted on the Department of Labor Website (www.dol.gov):

Union Member Rights and Officer Responsibilities Under the LMRDA

The Labor-Management Reporting and Disclosure Act (LMRDA) guarantees certain rights to union members and imposes certain responsibilities on union officers. The Office of Labor-Management Standards (OLMS) enforces many LMRDA provisions while other provisions, such as the bill of rights, may only be enforced by union members through private suit in federal court. For more information contact the nearest OLMS field office listed on page 2 of this fact sheet.

As most Sector Enforcement Specialists (SES) should be aware by now, Customs and Border Protection (CBP) completed the Consistency Review related to the Office of Personnel Management (OPM) decision to reclassify and downgrade the SES position to Law Enforcement Communications Assistant (LECA). There are significant issues with this notification to employees regarding this reclassification as the notification includes a Legacy Customs Priority Placement Program (CPPP) that was never negotiated with the National Border Patrol Council (NBPC).

On September 22, 2011, the NBPC completed a demand to bargain/request for information and submitted it to CBP LER. The NBPC recommends all affected employees read the demand to bargain to understand what the current situation and what was proposed.

On September 29, 2011, the NBPC received a response from LER. According to the response, CBP will suspend the October 23, 2011 date for the reclassification pending completion of negotiations. All employees should receive notice of this change shortly.
Finally, since this notification occurred, there have been a few rumors regarding this matter, two of which are addressed below:
RUMOR: The NBPC has done nothing to stop this reclassification.
FACT: The NBPC filed a motion for reconsideration with OPM when the initial OPM decision was announced; however, OPM denied the motion. This was the only appeal option the NBPC had with regards to an OPM classification decision.
RUMOR: The NBPC is trying to cancel the CPPP
FACT: By law, CBP is required to have a priority placement program in place so the NBPC cannot cancel the CPPP. The CPPP is a Legacy Customs Program and was never negotiated with the NBPC. As such, the NBPC intends to negotiate a program for use by employees of the U.S. Border Patrol.

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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