A letter has been mailed to the last known address for all members concerning a lawsuit related to pay violations. If you did not receive the letter, then that means you have not updated your mailing address with AFGE, which you can do by going to the AFGE website. Included with this message is a copy of the letter.
The law firm of Woodley & McGillivary has extensive experience and success in recovering pay for federal workers, including cases on behalf of Border Patrol agents to recover FLSA pay, hazardous duty pay, and AUO. The NBPC is confident that Woodley & McGillivary will successfully recover any monies related to this matter.
The National Border Patrol Council supports this lawsuit because we believe that the Agency has committed extensive violations of the law that have led to a widespread loss of pay for agents.
Dear Secretary Johnson
January 29, 2014
I am writing on behalf of the 78,000 DHS employees represented by my union, the American Federation of Government Employees, AFL-CIO (AFGE). I realize that you have only recently taken the helm. I was hoping for a real change in DHS behavior. I am outraged that the Department of Homeland Security (DHS) acted to unilaterally suspend administratively uncontrollable overtime (AUO) for up to 900 employees. DHS has abrogated its statutory obligation to engage and notify AFGE, the largest union representing DHS employees (including the impacted agencies ofICE and Border Patrol), regarding this decision. Thousands of DHS employees receive AUO in discharging their duties as law enforcement officers, and the pay they receive for that work is implicated in this change. DHS has abysmal labor management relations, this act is as one of extreme bad faith.
The first phase of the de-authorization announced yesterday specifically targeted areas that OSC identified in its 2008 and 2013 reports. The only exceptions were the Laredo North and Lyndon (now presumed to be Sumas) Washington, Border Patrol Stations. Due to the field activities being performed at the two stations, a waiver was requested, and the Union will learn more about the waivers this Friday. There is no doubt that these stations perform work that qualifies for AUO and therefore, de-authorization is not appropriate. As such, If DHS denies the waiver request, the Union will have no choice but to take appropriate action, which in turn will cost the Agency a substantial amount of money in lost wages and attorney's fees when the Union prevails.