NBPCborder

Attached is the finalized and signed Overtime Transition Plan Memorandum of Understanding.

Overtime Transition Plan MOU

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.

Below is an opinion from the Federal Circuit Court of Appeals in Washington, D.C., in which they reversed the decision of an arbitrator, who had ruled against the Union in an RGV case.

NBPC Attorney Jason Aldrich filed a motion with the Court and we owe him credit for an outstanding job! Aldrich argued persuasively in oral arguments before the Court.

The following is from Episode 39 of the State of the Union podcast which aired on February 20, 2015.  It deals with the OBP's memorandum concerning the decertification of AUO.  http://goo.gl/dOQI53

Shawn Moran: Welcome to the “State of the Union” for the National Border Patrol Council. I’m Shawn Moran.

This is a very special episode as yesterday Chief Michael Fisher put out a memo detailing OBP’s actions for the decertification of AUO and the plans that the Border Patrol is taking moving forward in terms of pay. So we wanted to get some more information on that so we went to the union’s chief point of contact, the president of the National Border Patrol Council, Brandon Judd.

Brandon, welcome back to the show, sir.

Brandon Judd: Thanks, Shawn, I appreciate it.

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

  • NBPC Letter of Support for Kevin K. McAleenan +

    The National Border Patrol Council is proud to support Kevin K. McAleenan to be the next Commissioner of Customs and Read More
  • Operational Mobility Program Announced +

    Border Patrol Headquarters and the National Border Patrol Council are pleased to announce the successful negotiation of the Operational Mobility Read More
  • 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
  • 1

Find your local

Know Your Rights

  • DOL Publications +

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