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.
On January 22, 23, and 24th (2015), Chief Fisher appeared at several musters in the Tucson Sector and informed agents of the imminent de-authorization of AUO. The timing of his announcement caught everyone off guard; however, the announcement about the de-authorization itself should not have caught anyone off guard. Due to the ongoing legal issues of AUO, the agency has been slowly decertifying Border Patrol Agents in phases. The first phase was management at HQ and all academy personnel; the second phase was upper managers at the sector level; the third phase was second line supervisors and above at both the station and sector levels as well as certain details at both the stations and sectors, and the last phase, which apparently will happen soon is the rest of the Border Patrol. The culmination of which, is the total de-authorization of OBP.