December 22, 2011
NTEU Wins Victory in Overtime Fight for Canine Training
CBP Officers who attend the Unified Canine Training Program are one step closer to receiving overtime pay for studying outside regular work hours, thanks to a grievance won by NTEU. For officers who have already completed the training, an arbitrator ordered CBP to pay two hours of double-time pay for every day of the seven-week training program, plus interest.
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In siding with NTEU, the arbitrator found that because entire classes were forced to study after hours, the overtime was considered "officially assigned" and compensable under the Customs Officer Pay Reform Act (COPRA) double-time rate.
At NTEU's request, the arbitrator issued an alternative finding that the officers performed overtime work compensable under the Federal Labor Standards Act time-and-a-half rate, plus liquidated damages. This alternative ruling was issued as a way to help ensure officers get the overtime pay they deserve in case CBP files an appeal and the COPRA decision is reversed. NTEU is urging CBP to do the right thing and comply with this decision providing officers with the overtime pay they worked during canine training.
CBP Commissioner
Bersin Resigns
CBP Commissioner Alan Bersin announced today he is stepping down on Dec. 30 when his recess appointment expires. The Senate never scheduled a vote to confirm Bersin's permanent appointment to the position.
"Commissioner Bersin was working with NTEU to change the relationship he inherited with the union, one of litigation," said President Colleen M. Kelley. "Working together, we made some progress, but we still had work to do. I am sorry that he is leaving and will not continue the work that he was committed to."
Bersin attended the union’s annual leadership training earlier this year and co-chaired the NTEU-CBP Labor Management Forum with President Kelley.
Deputy Commissioner David V. Aguilar will serve as Acting Commissioner and Assistant Commissioner for the Office of Field Operations Thomas Winkowski will serve as Acting Deputy Commissioner. |
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New Voluntary Reassignment
Process May Come Next Month
CBP has assured NTEU that the transparent voluntary reassignment process NTEU secured in the new contract will be implemented next month.
This highly-anticipated provision ensures that CBP makes decisions about requests from officers and Agriculture Specialists for voluntary reassignments based on seniority as defined in the contract. Under the NTEU-negotiated procedure, one of every two vacancies not filled with probationary employees must be filled using voluntary reassignment rosters.
The reassignment article also contains procedures that govern the voluntary reassignments of employees outside of these two job classifications.
Earlier this month, NTEU raised concerns about CBP's delay in implementing the article at an NTEU-CBP Forum meeting. At that time, CBP assured the union that it would soon implement the new process. The contract contains all of the reassignment procedures that are initiated at the request of an employee: voluntary reassignments, job swaps, and hardship reassignments.
Learn more about the NTEU-CBP contract.
Selected Agriculture Specialists
To be Surveyed in January
Selected Agriculture Specialists will soon be asked to take an online survey developed by the Government Accountability Office (GAO) to evaluate progress made in addressing vulnerabilities identified in a 2006 GAO report. At NTEU’s urging, Sen. Daniel Akaka (D-Hawaii) asked GAO to review the Agriculture Quarantine Inspection program. The survey is part of this review.
GAO will begin sending selected Agriculture Specialists information about the survey by e-mail early next month. Questions will address such important issues as time spent on primary agricultural mission duties, resources, training, staffing and CBP’s overtime assignment policy. NTEU has reviewed the questions and encourages selected Agriculture Specialists to participate. GAO will analyze the results and submit them to Congress.
NTEU Objects to Proposal on Outside Employment
Should employees have to seek permission from DHS before taking a second job as a waiter? NTEU doesn't think so. That is why the union is voicing concerns about proposed rules requiring DHS employees to seek approval before accepting nearly any form of non-federal employment or activity, with or without compensation.
In comments to DHS, NTEU argued that federal employees know when to ask for advice or approval about activities that may be improper. NTEU also criticized the rules as over-broad in that they would require employees to seek prior approval for outside employment that is unrelated to their official duties. What is more, the proposed regulations interfere with the Hatch Act and First Amendment rights of employees who may wish to engage in political activity or take on roles teaching, speaking or writing.
NTEU to Bargain Over On-Call Initiative
NTEU has won the right to bargain over the impact and implementation of the Office of Information Technology (OIT) on-call initiative.
The union filed a grievance to ensure it would have a say in requirements and procedures for OIT Field Support staff who respond to outages during non-duty hours.
NTEU will soon be briefed by CBP on the initiative and then head to the bargaining table.
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