BUREAU OF CUSTOMS AND BORDER PROTECTION


LINKS OF INTEREST

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NEWS OF INTEREST

Note:  Please remember that it is against federal law and/or agency regulations to use government resources (duty time, agency computers, agency property, etc.) to support or oppose legislation, to lobby congress, and/or to support any candidate or party in partisan elections.

 Stewards/Officials     CBP      CIS      ICE     NewsletterUnion-Agency Collective Bargaining Agreement NHSC Union Fair Practices/EEO

 

 

CBP Workers


 

1-31-07  Federal Diary  Homeland Security Employees Feeling the Blues

The Federal Human Capital Survey 2006 results are in, and not by surprise to this AFGE Local President, DHS scored last or almost last in job satisfaction, leadership and workplace performance.

What were the problem areas?  (Federal Diary) "...Those areas appear to include communicating with and getting feedback from employees and how the department rewards employees for their accomplishments, Schneider said. He called the survey results "a wake-up call for the leadership that we have to pay attention to these basic communication skills."

And, now, what does DHS propose to do?  Communicate and partner with DHS employees' union?  Make their employees stakeholders by communicating with them more often at the workplace, getting their feedback and suggestions, and rewarding them?  Ah, no....... (Federal Diary) "Chertoff has asked an outside group of advisers to suggest a strategy for creating a stronger common culture at the department." 

Need I say more?

 

Federal Human Capital Survey 2006:
Results from the 2006 Federal Human Capital Survey
Download Report
4MB
Federal Human Capital Survey 2006:
FHCS Report by Demographics - 4 parts
Part 1 (1.7MB)
Part 2 (1.8MB)
Part 3 (1.8MB)
Part 4 (1.9MB)
 
Federal Human Capital Survey 2006:
FHCS Report by Agency - 5 parts
Part 1 (1.6MB)
Part 2 (1.3MB)
Part 3 (1.3MB)
Part 4 (1.3MB)
Part 5 (1.5MB)
 
Federal Human Capital Survey 2006:
FHCS Report on Demographic Questions by Agency (unweighted data)
Download Report

 

1/26/07 - Ken Blodgett

It is with great sadness that I announce to all Florida ICE and CIS employees and management, that I was just advised a short while ago that ICE employee and Local 1458 Steward Ken Blodgett passed away early this morning. 
 
We extend our condolences to his wife, children and family, and to the ICE family.  
 
Ken Blodgett volunteered to be a Local 1458 Steward for ICE, and his efforts to represent his fellow employees (especially the IEA's in CBP BP sectors) certainly made a difference. 
 
His spirit will live on in all of us who were and are reminded daily of the way he lived.   We were uplifted by his concern and willingness to do the right thing by his ICE employees, his fellow IEA's and the agency he served, by his brave fight against Leukemia, and by his family values. He represented the best in ICE and in Local 1458.
 
The Local 1458 family would also like to extend our very sincere and heartfelt appreciation to Mr. Rozos, ICE FOD, and his Miami ICE Management staff for how they supported Ken during his time of need. That surely will not be forgotten by his wife, children, family or by our Local. 

Those who wish to offer their condolences and financial support, can write Ken's wife, Tammy, at  966 Princeton Dr, Clermont, FL  34711, or call Tammy at (352)255-2933.

12/6/06 - OPM Regulatory Review Schedule (Revision of important regulations relating to federal employment (Dec 2006 -June 2007)

Local 1458 December 2006 Newsletter (New Councils, CIS and ICE National Arbitrations, CBP National Grievance, Help Your Union, Membership Benefits)

Special Call Meeting (11/20)

Key Federal Employee Advocates and the Mid Term Elections (Gov Exec 11/9/06)

Statement by AFGE President John Gage on the Mid Term Elections 11-8-06
More >

New. Oct 25, 2006.  AFGE splits one national union Council into three - one for ICE, one for CIS, and one for CBP

*New* The Government Standard -October/November 2006 (Members Only) 10-3-06
More >

9-30-06   NEW MEMBERSHIP CARDS

In November, AFGE membership cards will be reissued with the new expiration date of 12/31/09 and mailed to all members at their home address. Please make sure that AFGE has your correct address by clicking on "My Profile" in the Members Only section to view your address. If the address is not current, please make the appropriate changes directly on your profile and this will automatically update AFGE's data base.

9-26-06
Another AFGE Victory as DHS Drop Appeal (Re:MaxHR)

Hear Our National Radio Ad 9-19-06
More >
Heard the Ad? Take Action 9-21-06
More >

 

CBP Post-Election Update The Work of the Union Continues [more] 9-8-2006

09/08/06  CBP 9A notice to Council click Firearms removal MOU click 

Local 1458 August and September 2006 Newsletters

 

August 2006  Help a Brother! 

 

Local 1458 is calling upon all DHS employees to help a fellow employee and officer -- ICE IEA and Local 1458 Steward, Kenneth Blodgett.  Ken needs and appreciates your support and leave donations. Ken has been diagnosed with a severe form of Leukemia and will be off work for at least a year.  It looks like Ken will be undergoing the needed bone marrow transplant next month, and after that will need up to one year to recover. 

 

Suffice to say Ken, his wife and his children could really use ALL our support, leave donations, and donations.  (Ken does not have disability insurance.)

 

You can find two different leave donation forms below -- one for ICE employees and one for employees outside ICE.  These VLTP forms must be completed in full, signed and you must attach a recent (preferably last) T&A or pay statement (showing your leave balances).  The leave recipient’s block should be completed as follows: Kenneth Blodgett, DHS.ICE, 7880 Biscayne Blvd, Miami, FL 33138.

(On the Internet, these forms can be found at:  http://www.opm.gov/forms/html/opm.asp )

OPM 630A Request to Donate Annual Leave to Leave Recipient Under the Voluntary Leave Transfer Program (Within Agency)]
[26 KB]
OPM 630B Request to Donate Annual Leave to Leave Recipient Under the Voluntary Leave Transfer Program (Outside Agency)
[26KB]
 

 

You can fax your completed, signed VLTP form and copy of your latest pay statement or T&A to:

 

(a)   ICE Employees:  ICE Laguna Niguel Benefits & Retention, Fax: (949)425 – 4919, Attn:  Nina Condol

 

(b)   CIS and CBP Employees:  CIS/CBP SBP, Attn: Tamara Gabel, Fax: (802) 660-1148.

 

Also, you can give donations to Ken at:

 

(a)   Ken Blodgett, 966 Princeton Drive, Clermont, Florida 34711

(b)   Greater Clermont Cancer Foundation, Donation for Kenneth Blodgett fund, PO Box 2222, Minneola, FL 34755. (Place Ken’s name on your letter and your check/money order.)

 

DHS employees, unionists, law enforcement officers and the law enforcement community have always prided themselves on being “one”.  It is now time to walk-the-walk. Thanks!

 

8/17/06.  CBP Body Armor/Vest.   The national union Council filed a national grievance with regard to the body armor issue, and CBP approved the grievance and has been getting the local management firearms folks on board.  If anyone has not received a vest or has not been allowed to be fitted and a vest ordered, Local Presidents need to know.  Local1458@aol.com

CBP Nat'l Grievance Re: mandatory SRI training click

        8/10/2006 - John Gage Wins Second Term as President of Nation's Largest Federal and DC Government Workers Union

8-9-06  AFGE Local Participates in National Veterans Wheelchair Games 8-9-06
More >

8-8-06
AFGE Reacts to Resignation of ...

 
The EEO Advocate Volume 2, Number 2 The EEO Advocate
Volume 2, Number 2
Back Issues
The Equalizer Volume 5, Number 4 The Equalizer
Volume 5, Number 4
Back Issues
The Rep Wing Volume 3, Number 1 The Rep Wing
Volume 3, Number 1
Back Issues

Council FP Coordinator's December 2005 Newsletter (Fitness for Duty Exams and Preponderance of the Evidence; Can a Progress Review or PIP Be Discriminatory?)

Council FP Coordinator's January 2006 Newsletter (Sick Leave and You)

Council FP Coordinator's February 2006 Newsletter (Statutory EEO Complaint vs. Grievance)

Council FP Coordinator's March 2006 Newsletter (Prohibited Personnel Practices)

Council FP Coordinator's April 2006 Newsletter (EEO Complaint: Pre-Complaint Counseling and Investigation of a Formal Complaint)

Council FP Coordinator's May 2006 Newsletter  (Non-Competitive Hiring Authorities; Veterans - Type of Appointments in the Civil Service; MSPB Rules Veterans' Preference Trumps Outstanding Scholar Program - OPM Files Petition; Outstanding Scholar and Bilingual/Bicultural Program (Luevano Consent Decree))

Council FP Coordinator's June 2006 Newsletter  (Reasonable Accommodation and Executive Order 13164)

July 26, 2006

  • Questions And Answers about the Appointment Of Persons With Disabilities And Career And Career-Conditional Employment Regulation [more...]
  • Federal Register: Excepted Service--Appointment of Persons With Disabilities and Career and Career-Conditional Employment [more...]
  • News Release: OPM Issues Final Regulation on the Appointment of Persons with Disabilities [more...]

From www.afge.org:

D.C. Circuit Overturns FLRA: Bargaining Over Increased Staffing Might Be Negotiable as an Appropriate Arrangement
Based on an earlier AFGE victory, the D.C. Circuit has once again affirmed AFGE’s position regarding what should be properly considered as an “appropriate arrangement.” [more] 7-27-2006

Comments on Proposed FLSA Regulations
AFGE comments on proposed OPM regulations that put overtime in jeopardy. [more] 7-25-2006

INS/FLSA News Update
The second supplemental decision was issued on July 24 concerning several unresolved matters. [more] 7-25-2006

AFGE Applauds Senate Committee Action to Give All Federal Workers 2.7 Percent Increase
AFGE applauds the Senate Transportation, Treasury and Housing and Urban Development Subcommittee for its approval of a 2.7 percent increase for all federal employees, regardless of their employer and their pay system. [more] 7-19-2006

AFGE Elects New Hisco Officers
The American Federation of Government Employees’ Hispanic Coalition (HISCO) members recently met in Las Vegas at AFGE’S multi-district training to elect members for chair, vice president and treasurer. [more] 7-19-2006

10th Circuit Court of Appeals Overturns FLRA Test on Granting Union Information Requests, AFGE Local 2263 v. FLRA
[more] 7-18-2006

AFGE to Appeal CBP Election Results (6/28)

July/August Government Standard is Available
[more] 6-29-2006

 

AFGE Staff Testifies on Capitol Hill

AFGE Director of Public Policy Jacque Simon testified on pay for performance before the Senate Voinovich Subcommittee on Homeland Security and Governmental Affairs. (Testimony)

AFGE Assistant General Counsel Joe Goldberg testified about whistle blower protection Thursday, June 29 before the House Committee on Government Reform at a hearing on the Ceballos decision. (Testimony)

Related News Coverage

AFGE, Other Unions Win Court Appeal on DHS Labor Regulations

AFGE Wins Again in Legal Battle Over DHS Regulations
Court of Appeals Adds to Prior Victory; Union Looks For Victory in Similar NSPS Case [more] 6-27-2006


 

AFGE to Launch Radio Show June 30


 

AFGE has a New Radio Show

Hear Talk Show Host GCO Assistant General Counsel Ward Morrow talk about AFGE's new show on "Fed Talk" on Federal News Radio

Good News! Action!

As a follow-up to the below, I received a personal phone call from AFGE National President John Gage. Thereafter, the Local has (and other Locals have)  received updates, copies of new notices/filings, etc., from our Council 117.

At the end of the AFGE CBP Election DVD, one employees says that the AFGE "identifies problems and resolves them...its just a remarkable thing".

How true.

So I say "Thanks" to the AFGE leadership team for helping to resolve one of mine!

Bridgette Rodriguez

5-26-06

Help, AFGE!  This is Affecting Local and Bargaining Unit Representation Within CBP, CIS and ICE!

As a bargaining unit employee, AFGE union member, AFGE Local 1458 President and AFGE National Homeland Security Council 117 officer, I have very recently filed formal letters with the AFGE and its national NHS Council 117 regarding  the Council's pattern of not advising all of its Locals via email/notice as to formal agency letters/bargaining notices it has received, its Demands to Bargain, national grievances/unfair labor practice charges and the like.

In case you do not know, AFGE holds the FLRA's "exclusive representative" certificate for legacy INS employees within DHS, but it has chosen to "delegate" that national authority to its national Council (NINSC, now known as the NHSC 117).  Both as a current Council officer and Local President, I have expressed my dismay at the conduct of some on the Council -- conduct relating to their failure to insure that all formal agency national 9A notices, national Council demands to bargains and the like are (a) timely sent to the NHSC Locals via email, and (b)  timely placed in the Council's database for viewing by all officers.  (This despite my formal, passed motions that require such.)

To say that this can and does adversely affect our Locals and their representation of their bargaining unit, goes without say.

I will keep you aware of whether this conduct changes for the better.

Bridgette Rodriguez

5-23-06

AFGE President Talks Homeland Security With House Subcommittee

Homeland Security Union President Testifies on DHS
On May 18, AFGE National President John Gage testified before the House Homeland Security Subcommittee on Management, Integration and Oversight about issues and procedures at the Department of Homeland Security (DHS). [more] 5-18-2006

National CBP, CIS and ICE union information (click here)

Local 1458 Certificate of Recognition - AFGE Legislative Action Fund

DHS Personnel Officer Resigns as Department Tackles Crucial Workplace Issues 5/30 

OTP, FLAP and other national union information (click here)

 

AFGE Calls For 6(c)Benefits After Border Shooting Incident

Homeland Security Union Responds to Border Shooting
As the union representing Border Patrol and Customs and Border Protection officers, including the two officers involved in the San Ysidro border shooting, the American Federation of Government Employees today issued the following statement. [more] 5-19-2006

AFGE Border Flyer
CBP Officer, Border Patrol Officer Both Receive AFGE Legal Representation Within Minutes of Fatal Border Shooting [more] 5-19-2006

 

AFGE President Talks Homeland Security With House Subcommittee

Homeland Security Union President Testifies on DHS
On May 18, AFGE National President John Gage testified before the House Homeland Security Subcommittee on Management, Integration and Oversight about issues and procedures at the Department of Homeland Security (DHS). [more] 5-18-2006

AFGE National President John Gage (second from left) testified before Congress on May 18. At the hearing were (L-r) Reps. Mike Rogers, Sheila Jackson-Lee, and Kendrick Meek, among others.

See the AFGE CBP Election Video
With members in CBP, Border Patrol, ICE, CIS, FEMA, FLETC and TSA, AFGE represents employees in EVERY Department of Homeland Security Agency. We are the nation's homeland security union. But don't take our word for it. AFGE may speak on your behalf, but we don't speak for you. Hear what your fellow colleagues have to say. And come election time, vote for AFGE as the sole representative for CBP. AFGE. One DHS, One Union, One Voice [more] 5-8-2006

 

CBP and NTEU Deny Employees Access to Election Information

Despite repeated requests that CBP allow each union to pay for the right to mail election information to the 20,000 + employees voting in more than 300 locations around the world, NTEU and CBP have agreed that it is better to keep voters in the dark.


 

American Federation of Government Employees 

May 2006 

In recognition of Public Service Recognition Week, AFGE Local 1458 hereby honors our Florida and Bahamas CBP, CIS and ICE employees for their hard work and public service. 


Marcelino Bowen

Prior Local 1458 Steward

April 2006


CBP Election Information

From NHSC Website:

Homeland Security Union Puts CBP Officer Back to Work
A Customs and Border Protection officer is back on the job thanks to the efforts of AFGE, which recently won an arbitration involving the officer's removal from his position. [more] 4-20-2006
March/April Government Standard is Available
Includes articles on the upcoming Customs and Border Protection election for union representation, the 2006 Legislative and Mobilization Conference, DEFCON's 'no confidence' vote in Defense Secretary Rumsfeld, and a Headquarters Spotlight on the Education and Leadership Development Department. [more] 4-10-2006
Unions Present Oral Arguments Against DHS Personnel System
For a group of unions, including AFGE, oral arguments began today against the Department of Homeland Security's (DHS) personnel system before the U.S. Court of Appeals for the District of Columbia Circuit. AFGE is the largest union in DHS. [more] 4-6-2006
AFGE Responds to Administration's Suggestion to Drop Labor Relations Provisions of Personnel Reform
American Federation of Government Employees National President John Gage issues a statement in response to suggestions that the administration may be willing to shed the labor relations portion of its personnel regulations. [more] 3-30-2006
AFGE National President John Gage Discusses CBP Campaign
John Gage, National President of American Federation of Government Employees (AFGE), will hold a conference call today to discuss the union’s campaign to represent Department of Homeland Security’s Customs and Border Protection employees. [more] 3-23-2006

Customs and Border Protection Election Balloting Begins May 9
Ballots for the election to decide which union would represent Department of Homeland Security soley will be sent out May 9th. [more] 3-23-2006

A Special Letter From AFGE President John Gage Concerning the Upcoming CBP Election
Letter addressing the reason for the election, voting process, and why you should vote. [more] 3-21-2006

Congressman Chris Van Hollen (D-MD) and Congressman Al Wynn (D-MD) Address AFGE 2006 Legislative and Grassroots Mobilization Conference
Congressman Chris Van Hollen (D-MD) AND Congressman Al Wynn (D-MD) speak at the AFGE 2006 Legislative Conference. [more] 3-7-2006

Hundreds Attend AFGE Annual Legislative Conference
AFGE National General Officers Address Hundreds at Annual Legislative and Grassroots Mobilization Conference [more] 3-6-2006

AFGE Wins Decisive Ruling Against DoD Personnel Rules
Federal Judge Guts Labor Relations and Employee Appeal Provisions of Personnel System [more] 2-27-2006

More on the NSPS victory in the Defense Workers Page


 
AFGE Delegation Takes on San Diego Ports
AFGE Delegation return from a port tours where they found ports to be short-staffed and underfunded. [more] 3-3-2006

Knight-Ridder Story on Ports Features interview with AFGE Homeland Security Council President Charles Showalter
Charles Showalter comments on the disconnect between port workers and their bosses [more] 3-2-2006

Charles Showalter on Ron Insana Show about U.S. Ports
Head of AFGE's Homeland Security Council will address U.S. ports issues on radio. [more] 2-23-2006

AFGE Media Campaign on Behalf of Port Inspectors
National President Gage reaches out to national media about U.S. ports. [more] 2-23-2006

AFGE Certified as Sole Union for DHS Citizenship and Immigration Services Employees
CIS workers join ICE and Border Patrol in union representation [more] 2-21-2006

AFGE Urges Congress to Hold 'Field Hearings' Before Reworking Law Enforcement Personnel System
Call Responds to Subcommittees' Push to Revise Officers' Benefits [more] 2-17-2006

AFGE Local 1458 Letter to DFO Mr. Winkowski -  Want a copy?  Click here to request. (2/20/2006)

CBP Corner:  PEV CBP arbitration was rescheduled (from 2/17/06),  due to an agency request and the arbitrator granting such. A "status" call with the arbitrator in due in early March. AFGE GC attorney Gony Freider  Goldberg is handling this and another Local CBP MIAP grievance. There are other (pending) Local CBP grievances (arbitration invoked) that will move forward after the decision on the PEV arbitration case.   A Demand to Bargain and Step A grievance were recently filed on CBP PEV unilateral changes in overtime distribution and shifts.  As always, union representatives are actively representing employees in individual actions (employee grievances/EEO complaints), management inquiries and responses to proposals for disciplinary or adverse action.  The National Council has pending grievances (invoked arbitration) on FLAP, IA's, and other matters. A ULP charge against CBP for failing to bargain over CBP employee transfers resulted in FLRA issuing a Complaint against CBP and a future hearing date is set in April.  (2/16/06)

AFGE Rep Wing, January 2006 edition 2-14-06

January/February Government Standard is Available
Our efforts to become Homeland Security workers' sole union, activism, and Legislative Department spotlight. [more] 2-14-2006

Black History Month Message from Andrea Brooks
Andrea Brooks, AFGE National Vice President for Women’s and Fair Practices sends a special Black History Month message [more] 2-13-2006

AFGE National President Continues Tour on Border Protection Issues   2/12/06
 

Oral Arguments for Department of Homeland Security Personnel Regulations Case to Be Heard April 6
AFGE continues to lead fight against MaxHR [more] 2-12-2006

Last FLRA Hurdle Cleared; Spring Election Likely for CBP Workforce
FLRA dismisses NAAE appeal to separate Agriculture specialists and technicians from CBP [more] 2-12-2006

 

Press Releases
AFGE National President Continues Tour on Border Protection Issues

 

OTP Canvass (Jan 17 2006)

 

AFGE Expands Win of Multi-Million Dollar Decision with Additional Money to Compensate DHS Employees for Unpaid Overtime
"Suffer or Permit" claims finalized by the arbitrator. [more] 1-11-2006

ICE Workers Win Overtime Ruling
DHS employees win over $20 million in upaid overtime. - CQ Homeland Security [more] 1-11-2006

AFGE Wins Arbitration for CBP Employee Rights
The American Federation of Government Employees recently won a victory in its efforts to protect the rights of Customs and Border Protection officers on shifts and work assignments. [more] 12-7-2005

Local 1458 Proposed 2006 Annual Budget Mailed Out  -- A proposed Local 1458 2006 Annual Budget notice was very recently mailed out to Local 1458 members in good standing at their last known "good" mailing address.  If you have not received such, please immediately contact Local1458 (email) or by phone ((786)419-4876) and you will be mailed or faxed another notice. The deadline for you to mail back (postmark) your mail-in vote on the proposed budget is Dec. 15, 2005.  The votes will be opened and tallied on Dec. 22 at 12 noon at the union office at 7880 Biscayne Blvd, 1st floor union office, Miami, FL 33138. (Nov 27, 2005)

 Pictures of AFGE Attorney Andy Grajales, Local 1458 President Bridgette Rodriguez, Local 1458 VP at Large Cynthia Kohlmeier-Parker and DHS LE employee Juan Moreno working together to prepare for an arbitration case in October 2005.

Department of Homeland Security

Homeland Security Union Cross-Appeals DHS Plea
The American Federation of Government Employees (AFGE) and other unions today filed a cross-appeal in response to a Department of Homeland Security appeal regarding a federal court decision to block implementation its proposed personnel regulations, known as MaxHR. Among its more than half a million members, AFGE represents DHS workers across the board, from Customs and Border Protection to FEMA to TSA. [more] 11-14-2005

New Bylaws Adopted at Special Call Meeting of Oct. 22, 2005 

Special Call Membership Meeting for Oct 22nd (On-going)   (NOTE: As always, members may request and mail in absentee ballots, as long as it is received by Friday, Oct 21.  Also, the meeting is a "ON" for Saturday, Oct 22 at 11:00 am, unless Hurricane Warnings are issued for Miami-Dade County for Saturday morning.)

 
Important Information:

Attachment 1: AFGE won injunction.pdf (application/pdf)

Attachment 2: DHS Delay MAXHR.pdf (application/pdf)

Attachment 3: What do we know about MAXHR.pdf (application/pdf)

Attachment 4: What do we know about MAXHR 2.pdf (application/pdf)

 

 

AFGE National Homeland Security Council Press Release  on  6C Bill - Rapid Response Border Protection Act of 2005 (HR4044) (10/17/05)

 

    AFGE DHS News (10/7):

AFGE Beats Back Agency Bid to Implement New Work Rules  

Judge Rules in Favor of AFGE and Other Unions in Lawsuit to Stop DHS Regulations

Throw Out MaxHR, And Work Together To Improve Personnel System, AFGE Tells DHS Secretary Chertoff

Agriculture Union Backs AFGE for Representation of Customs and Border Protection Officers

6(c) and Law Enforcement Officers Retirement Benefits for CBP Officers

AFGE Wins Back DHS Employee’s Job after Wrongful Termination

 CBPEO Meeting notes (Oct 6)  

AFGE Letter to Chertoff on Max HR

 Gage letter to Secretary Chertoff re: NHSC name (Oct. 4)

Gage letter to Secretary Chertoff re: MaxHr (Oct. 4)

 

FLRA Grants Successorship to AFGE's Border Patrol Union, Orders Election for Control of Remaining CBP Employees
As the nation’s Homeland Security union, the American Federation of Government Employees is secure that Customs and Border Protection (CBP) employees will elect AFGE as their union in an upcoming election,” AFGE National President John Gage said. [more] 10-11-2005

   AFGE National President John Gage's Visit!

America Federation of Government Employees

AFGE Local 1458

“All that serves labor serves the nation. All that harms is treason…If a man tells you he loves America, yet hates labor, he is a liar…There is no America without labor, and to fleece one is to rob the other.”  Abraham Lincoln 

AFGE NATIONAL PRESIDENT VISIT, OCT. 12th  - 14th 

Local 1458 President Bridgette Rodriguez has invited AFGE National President John Gage to visit our Local, tour some ports/offices, and have lunch and dinner with our employees.  Mr. Gage is taking the time out of his busy schedule to visit from Oct. 12 – 14, as follows: 

·                    President Gage, Council and Local officials will visit and tour PEV and FLL and remain in employee lunch/break rooms for a meet-and-greet, to answer questions, and the like, on Wed., Oct 12, from 9AM – 2PM.

·                    President Gage, Council and Local officials will visit and tour the Miami Seaport and remain in employee lunch/break rooms for a meet-and-greet, to answer employee questions and the like, on Thursday, Oct. 13, from 8AM – 12:30 PM.  Time and permission permitting, President Gage, Council and Local officials will also try to visit Miami Asylum and Miami Citizenship the early afternoon of Thursday, Oct. 13.  

·                   President Gage, Council and other officials will visit MIAP and remain in employee lunch/break rooms on Friday, Oct. 14, from 8AM – 10AM.  Then, they will tour MIAP from 10AM - 12:00 noon and have an “open” lunch and dinner from 12:30 p.m. - 7:00 p.m.  (See below.) 

·                  All DHS employees are invited to a free “open” lunch or dinner with Mr. Gage and other union officers at the Miami Int’l Airport Hotel, Business Room  E/F, located inside the airport, 7th fl., Concourse E

Lunch, Friday, Oct. 14 at 12:30 p.m. and after (finger foods). 

Dinner, Friday, Oct.14, from 5:30 p.m. – 7:00 p.m.  (Italian buffet.)  

Bring your parking stub, and we will pay you for parking at MIAP. 

See you soon! 

Bridgette Rodriguez, President; Antonio (Tony) Lozada, Acting First Executive VP; Cynthia Kohlmeier-Parker, Acting First VP

The Council FPC's Fair Practices E-News has been updated.

AFGE Newsletter July/August 2005
Volume LXXII, Number IV PDF (1642 Kb)

AFGE Files Amicus Brief on behalf of Federal Employees
AFGE's General Council Office teamed up with Covington & Burling, DC's most prestigious firm, to file an amicus brief with the Supreme Court on a crucial issue for federal employees: Their right to go to court and not have to file a grievance on statutory violations like Fair Labor Standards Act cases, Privacy Act violations, etc. Susan L. Wilson, the Covington partner who worked with us on the brief was the former Claims Court Judge who ruled in our favor at the Claims Court and was upheld by the Federal Circuit. In Whitman the 9th Circuit ruled that even constitutional claims could not be brought to court by fed'l employees. Therefore, the Supreme Court agreed to resolve the conflict. [more] 9-22-2005

OTP Arbitration Case “Immediate response needed”

Any potential grievants in the OTP Immigration Inspector arbitration this is a last chance to be included on the Union list. To be eligible for consideration a person must have been employed as an OTP Immigration Inspector on February 21, 1997. To register send an e-mail message to this address SAILSTAR65@aol.com  , including your name, current address, current and past (on 02/21/97) duty station, Sept 23, 2005.

 
Jerry B. Emory
NHSC/C-117/AFGE
Exec Vice President, Council 117 (posted on Local site 9/17)

 

Special Call Membership Meeting for Oct 22nd (Posted 9/17/05)

 

AFGE Local 1458 Remembers...

(Click on the picture for tribute links and request for employee/member comments.)

Though I speak with the tongues of men and of angels, and have not charity, I am become as sounding brass, or a tinkling cymbal.   

1 Corinthians 13:1

Hurricane Katrina donation links:

AFGE FEEA Fund

Red Cross

Donate Now!Call 1-800-HELP NOW to Donate by Phone

Salvation Army - USA webpage

 

 
Hundreds of CBP Officers to Provide Support in Katrina's Wake
9/9  AFGE To Oppose DHS Motion To Limit Scope Of Judge's Order

ATTENTION ALL INSPECTIONS ASSISTANTS (LEGACY INS) BACKPAY GRIEVANCE (9/7/05)

Dan McKinney, Our Hero

(9/5)  Approximately 10 days ago, Daniel McKinney, a CBP Officer from the Port of Miami, was severely injured by a suicide bomber while serving in Iraq.

I am sure Dan would appreciate receiving Get Well cards and letters during his hospital stay and throughout rehabilitation.

Officer McKinney's current address is:

Walter Reed Army Medical Center

6900 Georgia Avenue, NW

Washington, DC 20307

Patient: Sergeant First Class Daniel McKinney, Room 65-15

Cynthia Kohlmeier-Parker, newly appointed national union Council Vice President at Large (ICE)

(9/6/05)   As both Council Fair Practices Coordinator and Local 1458 President, I would like to congratulate Cynthia Kohlmeier-Parker for being appointed Council VP at Large (ICE) this last Saturday, during our Council teleconference meeting.
 
Cynthia will kindly remain on as Local 1458 VP at Large/Chief Steward.  However, her primary role will be VP at Large for the Council and she will also help mentor and train Local ICE stewards and represent the Local in bargaining.
 
Congratulations, again, Cynthia!  As Council FP Coordinator and Local 1458 President, I look forward to working with you.
 
Bridgette Rodriguez
Local 1458 President
TEL: (786)419-4876

  From NHS Council 117 website (PDF file) :  CBP(EO) aka SRI issue update (sept 2)

DRAFT DHS performance standards draft (sept 2)

  Interested in Becoming a Local 1458 Union Steward?  Contact Local1458@aol.com  (on-going)

FLSA Update report of teleconference today (aug. 26)

AFGE Remains Steadfast in Opposition to DHS Personnel System, Despite DHS Response
As CPB employees know, AFGE joined four other unions in winning a huge legal victory to stop the Department of Homeland Security from implementing personnel regulations that would have limited your rights. [more] 8-29-2005

INFORMATION FROM http://www.afge.org/

AFGE Wins Back DHS Employee’s Job after Wrongful Termination
The American Federation of Government Employees (AFGE) recently helped an employee of the Department of Homeland Security win her job back after the agency fired her claiming she was medically incapable of completing job training. [full release] 8-26-2005

AFGE Saves Hundreds of DHS Worker Jobs
AFGE has saved the jobs of tens of thousands of federal employees in agencies ranging from the Department of Defense to the Department of Veterans Affairs to the Department of Agriculture. [more] 8-26-2005

  AFGE, Other Unions Score Major Victory as Judge Rules to Block DHS Personnel System
(Washington)-In a major victory for Department of Homeland Security (DHS) employees across the nation, DHS has been ordered to cease implementation of its personnel system. In January, the American Federation of Government Employees (AFGE) and four other unions filed suit challenging the proposed system on the basis that it violated the Bill of Rights, among other issues. In June, the unions filed a motion to stop the implementation of the rules and on July 15, Judge Rosemary M. Collyer suggested to DHS that it withhold implementation until Aug. 15. [full release] 8-14-2005

Council CBP Grievance update:  Violation of articles (9.10, 15, 16), failure to notify of a change and failure to adhere to articles 5, 9, 10, 15 and 16, (CBPEO) Classification, training and utilization (Aug. 12)

Council CBP Grievance update National Level Grievance: (CBPEO) Violations of Articles, (9, 16, and 27) of the negotiated agreement (Aug. 10)

Congressman Bennie Thompson letter to NHSC re MaxHR (Aug. 10)

Council OTP UPDATE: 08-03-2005

Currently the OTP issue is with the FLRA for a negotiability appeal ruling.  The council is waiting for the FLRA to rule on the negotiability of the demand to bargain (DTB) and proposals that were presented to the agency.  The DTB and proposals are regarding the 9A issued by the agency on OTP training requirements and full time employment.  The FLRA was contacted today 08-03-2005, and the council was assured the case was going forward and that a ruling would be made soon.  Additional updates will follow as the council gets more information.

 

AFGE to Address Homeland Security on Labor Radio Program on July 27
Charles Showalter, president of the National Homeland Security Council, will be a guest on the Cleveland-based labor radio program America’s Work Force on Wednesday, July 27. America’s Work Airs between 7 and 8 EDT a.m. daily on WERE 1300 AM. Showalter will discuss how the proposed personnel system for DHS could hinder efforts to keep our nation secure and ways in which AFGE is fighting the proposed changes. Showalter will also address the essential role federal employees play in keeping Americans safe and tenacious lobbying efforts on the part of AFGE to secure the necessary resources for homeland security programs. 7-21-2005

National Homeland Security Council Praises Congressional Effort to Increase Number of Federal Inspectors/Officers
(WASHINGTON) – The National Homeland Security Council today praised Congressman Tom Tancredo for introducing legislation that would increase the number of federal officers and inspectors within the Department of Homeland Security (DHS) responsible for immigration enforcement. Introduction of the legislation follows months of lobbying, on the part of the Council, for increased levels of immigration staff within DHS. [full release] 7-19-2005

 

FOOD, DRINK, GOOD FRIENDS AND VALUABLE INFORMATION!

July 18 - 22nd


Local 1458 is proud to announce that Joe Goldberg, AFGE Attorney, and Chuck Showalter, Council 117 President, will be visiting South Florida Local 1458 and DHS employees.   For those who may not know, Joe Goldberg is the AFGE Attorney who was instrumental in winning the recent $20 million FLSA back pay award for thousands of legacy INS employees.

Below is a schedule relating to the first of many upcoming visits planned for DHS offices in Florida.

Monday, July 18:  Miami International Airport, Concourse E & B, 8:00 am - 4:00 p.m

Mr. Goldberg and Mr. Showalter, along with Tony Lozada, Local 1458 Acting Exec. VP, will tour MIAP and will, thereafter, remain in employee break rooms from 8:00 a.m. - 4:00 p.m.    An AFGE Benefits Rep will also be present.

Monday, July 18: Miami International Airport Hotel, Business Rooms E & F, 11:30 a.m. - 9:00 p.m.   Food, drink, and information.  

An AFGE Benefits Rep will be present at all times.  Mr. Goldberg and Mr. Showalter will be there from about 4:15 p.m. until 9:00 p.m.

Tuesday, July 19:  Miami International Airport, Concourse E, 8:00 a.m. - 10:00 am.  

Mr. Goldberg and Mr. Showalter, along with Tony Lozada, Local 1458 Acting Exec. VP, will remain in employee break rooms in Concourse E from 8:00 a.m. - 10:00 a.m.    An AFGE Benefits Rep will also be present.

Tuesday, July 19: Miami International Airport Hotel, Business Rooms E & F,  8:30 a.m. - 7:00 p.m.   Food, drink, and information.  

An AFGE Benefits Rep will be present at all times.  Mr. Goldberg and Mr. Showalter will be there from about 10:15 a.m. until 7:00 p.m.

Wednesday, July 20: Miami Seaport, 8:00 a.m. - 4:00 p.m

Mr. Goldberg and Mr. Showalter, along with Tony Lozada, Local 1458 Acting Exec. VP, will tour Miami Seaport, and will, thereafter, remain in employee break rooms at 903 S. American Way.   An AFGE Benefits Rep will also be present.

Thursday, July 21:  Port Everglades (Eller Drive) & Ft Lauderdale Airport (FLL), 8:00 a.m. - 4:00 p.m.

Mr. Goldberg and Mr. Showalter, along with Tony Lozada, Local 1458 Acting Exec. VP, will tour Port Everglades and FLL, and, thereafter, will remain in employee break rooms at FLL.   An AFGE Benefits Rep will also be present.

Friday, July 22:  West Palm Beach Port, 8:00 a.m. - 12 noon

Mr. Goldberg and Mr. Showalter will tour WPB, and, thereafter, will remain in employee break rooms.   An AFGE Benefits Rep will also be present.

ADDITIONAL INFORMATION/POTENTIAL VISITS TO ICE AND CIS OFFICES THE SAME WEEK: 

Thursday, July 21, 2005:  Miami Information Svcs/Miami 7880 CIS/ICE Office Visit and Lunch and Learn, 8:00 a.m. - 1:30 p.m.

Council 117 Executive Vice President Randy Callahan -- who was the lead Council person on the FLSA back pay matter - will tour our CIS Information Services and the 7880 Building (ICE/CIS), with Local 1458 Secretary Gloria Anderson. Thereafter, from 11:30 a.m. - 1:30 p.m., there will be an open Lunch and Learn meeting with food and drink on the 2nd floor of the 7880 Building. 

Friday, July 22, 2005: Krome SPC Visit, 9:00 a.m. - 4:00 p.m.

Council 117 Executive Vice President Randy Callahan -- IEA -- will tour Krome SPC with Local 1458 VP at Large, Cynthia Kohlmeier-Parker.  There will be an open Lunch and Learn meeting with food and drink thereafter. 

 

 Bridgette Rodriguez, AFGE Local 1458 President

 

 

  AFGE Injunction Request Results in DHS Delay in Implementation of Controversial Work Rules
At the suggestion of the U.S. District Court for the District of Columbia, the Department of Homeland Security (DHS) today notified the court that it would withhold implementation of major portions of its proposed new personnel regulations, known as "MaxHR," until Aug. 15, 2005. [more] 7-15-2005

  July 15 2005 -- FLSA BACK-PAY CONCERNS? PLEASE EMAIL Council 117 AT eboard@nhsc117.org  .  We will need your social security to see if your are an old claimant.  Please also provide your current mailing address and daytime telephone number.  If you are an old claimant (SURE THAT YOU ARE) and did not receive a payment and a letter or a letter alone, then the Department probably lost your information.  If you received a letter, please follow the directions on page 4 of the letter and send correspondence to the Department and to AFGE-GCO (we are tracking the problems) via the eboard@nhsc117.org .

  Interested in Becoming a Local 1458 Union Steward?  Contact Local1458@aol.com

  June 27 2005 - Employee "Transfer" Information Exchange (for ALL CBP employees, brought to you as a courtesy of AFGE Council 117).

 June 27 2005   Important!  AFGE Council Local Members!  If you haven't received information and/or a newsletter at your personal mailing address from AFGE within the last 3 months, then your current personal mailing address is NOT known, and you are missing out on very valuable updates.  DHS members cannot afford this, given our challenging times.  Please go to our New Address page, and input your current information into our database for transmission to your Local and to the AFGE.    If you have any questions, please contact Peggy Hunter , Staff Assistant.  Tel: (302) 395-9124  - FAX  (302) 395-9102

  Local 1458 Newsletter - JULY 2005  (Sign up here to receive our Newsletter at your e-mail address)

  June 27, 2005 -- Legacy INS FLSA Grievance Backpay Payout - Left the agency or retired and didn't receive your backpay check yet?  Contact: DHS, Wayne Coleman at (202) 344-2603

DHS management directives spark union outrage(6/24)
Directives outline discipline, official responsibility and labor relations in the new Homeland Security personnel system.
 
Unions battle to represent border agents (6/24)
Customs and Border Patrol employees are likely going to the polls to decide who will represent them.

Study finds 'fear and uncertainty' among border inspectors (6/24)
Migration Policy Institute releases second of three reports assessing border control measures since 9/11.

Department of Homeland Security Announcement - June 22, 2005:

June 22, 2005 - DHS employees and AFGE Local union members, check out  "Locals United!":  http://www.localsunited.com

Job swap issues, spousal and hardship transfer problems are being documented and we have filed a ULP charge at the national level (against CBP) for its unfair practices.  We may file against CIS and ICE, should we hear the same complaints from those employees.  We are seeking information from the field so that we can use appropriate documentation and construct the proper remedies.  In this matter, we do seek your  information: your name, grade, duty location, desired duty location, and your specific contact information (including personal email and phones).  Send this information to CouncilEEO@aol.com .  We will follow up and ask you to fax certain documents to us thereafter.   June 14, 2005 

Eastern Region OTP Upgrade Grievance: IF YOU WERE AN OTP / WAE  / MIXED TOUR, INTERMITTENT INSPECTOR IN THE EASTERN REGION AT THE TIME (AUG. 11, 2002)  THE WHO DID NOT RECEIVE THE UPGRADE TO GS 11 AND WHO HAD THE REQUIRED TIME IN GRADE WE NEED YOUR INFORMATION: NAME, GRADE, DUTY LOCATION(THEN AND NOW), CONTACT INFO INCLUDING PERSONAL EMAIL.  AN AFGE BACKPAY ATTORNEY IS WORKING WITH THE COUNCIL TO BRING THIS CASE FORWARD TO HEARING.  PROVIDE US THE REQUESTED INFORMATION BY EMAILING : eboard@nhsc117.org. posted June 13, 2005

 
Headlines
AFGE Wins $20 Million Initial Payment For DHS Employees
 

June 8, 2005 - From Randy Callahan, Council Exec. VP on the old 1990's FLSA grievance:

 "...I just received a call from Joe Goldberg. Joe told me
the Agency has confirmed that they are sending
payments out next Wednesday for the FLSA case. Our
members are being sent their share of twenty million
dollars ($20,000,000.00) in back pay claims! This does
not include suffer or permit claims, which could net
millions more!"

("Great Job" and a special "thanks" to Joe Goldberg, AFGE Attorney, and to all AFGE and Council officers who worked on this for the last 10 years  -- especially to Randy Callahan.)

Local 1458 honors those who so bravely served our country this Memorial Day.

And, to those who currently serve or have served, we say a special, "Thank you".

 

Memorial Day and Unionism

FYI.  Mike Knowles/DHS/privatization fight is mentioned on Page 3 of the current Capital Report (May/June).  There are also some other interesting articles.
 
http://www.afge.org/Index.cfm?Page=TheCapitalReport&Fuse=Document&DocumentID=788
The Capital Report
 

Volume 1, Number 1 

Download: Choose File Format
Adobe PDF   1900K   (Approx. 9 minutes over a 56k modem)
Back Issues
 

May 20, 2005 - New OTP Update; H.R. 1917 Comments of Interest; Campaign for LE Retirment Coverage for CBP Officers

May 5, 2005 - Local 1458 Step A grievance filed on CBP change of consecutive days off (as required in our CBA), etc.

4/27/05- Great news regarding FLSA payment!!! 

On April 27, 2005, a teleconference call was held with the Agency, the Arbitrator and the Union. The Agency updated us on their efforts to meet the June 15, 2005 deadline to pay backpay for “straight” overtime claims. The Agency indicated that they had spoken with the National Finance Center (NFC), and was told that the NFC believes they are on schedule to make that deadline! AFGE Attorney Joe Goldberg said he also spoke with the NFC and was told the same thing. 

While this is excellent news, the fact that the NFC says they are “on schedule” does not mean that the checks are cut. To put it bluntly, don’t spend the money until you receive the check and it clears! 

As for Suffer or Permit (SOP) claims, the Arbitrator is going to spend the next couple of month making individual decisions on those claims where the Agency has disputed the claims. There are some 400 plus claims to be adjudicated by the Arbitrator, so it may be several months before those claims are paid. There is no timetable for payment on SOP claims that the Agency has “accepted for adjudication.” 

If you know claimants that have retired, quit, or have otherwise left government service, please contact them and let them know to contact the Agency to update their current address. Also, estates or family members of deceased claimants should do the same. The Agency’s mailing address is:  

            U. S. Immigration and Customs Enforcement

            ATTN: INS-NINSC FLSA Case

            Office of Human Resources

            Office of Employee and Labor Relations

            800 K Street NW Rm 5000

            Washington, DC 20536

Questions about the case can be directed to me at randy_callahan@yahoo.com, but please look at the AFGE website (www.afge.org) to see if the answer to your question is already addressed. The December 3, 2004 update lists specific criteria to determine if you are or should be a member of the class, which has been my most common question. 

Fraternally,

Randy A. Callahan, Executive Vice President, AFGE Council 11

April 21,2005 - Council Letter to Congress on CBPO Positions

April 20, 2005 - FLRA (1995 Grievance)     (Randy Callahan is the lead national Council officer.)

April 20, 2005 - INS FLSA Update   (Older news: December 3, 2004  Agency Trying to Track Down Claimants   December 1, 2004 AFGE and AFGE C-117 Are Proud To Announce a Payment Schedule for (Former) INS Employees)

4/5/05  OTP IMMIGRATION INSPECTOR ARBITRATION AWARD 

FINAL NOTICE FOR INCLUSION ON UNION'S LIST OF CLAIMANTS

The National Homeland Security Council (previously known as the National Immigration and Naturalization Service Council) is posting this as final notice for Other than Permanent (OTP) Immigration Inspectors to file for recognition on the Union's list of potential claimants. If you are among the class of claimants described below you must reply by May 14, 2005 to be included on the final list the Council will submit to the Agency and to Arbitrator Thomas Angelo on June 1, 2005.

The class of claimants includes all OTP Immigration Inspectors, who were on duty as OTP II's on or after February 27, 1997. Among these are OTP Immigration Inspectors that were subsequently put on "inactive status" on September 19, 1997 for not receiving OTP training at the Federal Law Enforcement Training Center. Arbitrator Angelo ordered a "make whole" remedy for these OTP II's, finding the Agency (legacy INS) violated the negotiated "Agreement" when it implemented a change in working conditions by broadening the training requirement for OTP Inspectors without the requisite notice to the Union.

The arbitrator also found it unlawful under the Americans with Disabilities Act (ADA) that the Agency did not "discern the nature of physical problems and explore accommodation issues with FLETC" before placing the affected OTP Inspectors on "inactive status". Again, he ordered a make whole remedy pending further Union identification of affected employees subject to ADA considerations. 

To confirm that you are on the Union's list, or for more information, please contact the following by e-mail:

Dwight E. Glidden, Portland,Maine  SAILSTAR65@aol.com ; cc:Mail, or 207-780-3507 Phil Zeller, Sault Ste. Marie, Michigan  pzeller@sault.com , cc:Mail, or 906-632-8822)

ONGOING: Opportunity Knocks: Professional Liability Insurance - http://www.afge.org/Index.cfm?Page=MemberBenefits&FuseAction=Info&BenefitID=83

The AFGE Professional Liability Insurance is open to any federal employee that is an AFGE member....1187 (for Federal government employees)

 March 10 2005: Local 1458 President Bridgette Rodriguez Appoints Steve Santiago VP at Large/Chief Steward for N. Florida CBP.  See our Joint Statement.

Attention All Current and Former Civilian Federal Employees
  • Were you a Civilian Federal Employee in the National Guard or the Reserves between 1980 and the year 2000?
  • Did you attend training for the Reserves or the National Guard while working as a Civilian Federal Employee?
  • Were you charged Military Leave for non-work days while you were in training?
If you answered “Yes” to all questions, you can file a claim to correct your military/annual leave records and/or receive back pay for any Leave Without Pay (LWP) that you were forced to use.
For more information, log on to https://www.afge.org/MilitaryLeave 3-23-2005

 

Council OTP SRI UPDATE Feb 11, 2005

Council ULP Charge Filed on Nat'l Vessel Program 9A and Demand (2/9)

Talking Points about DHS by Council

UPDATE Jan. 31, 2005 on AFGE Lawsuit on DHS HR Regulations:

Special Message to AFGE Members from John Gage, T.J. Bonner and Charles Showalter
AFGE National President John Gage, National Homeland Security Council Charles Showalter and National Border Patrol Council President T.J. Bonner have issued a special message to AFGE Members regarding the Department of Homeland Security's New Personnel System Regulations. [see the message (video)] 1-27-2005

More Information on the Department of Homeland Security Regulations

DHS Secrecy Policy Reversal a Step Forward, Says Union
"The Department of Homeland Security finally is moving in the right direction," American Federation of Government Employees (AFGE) President John Gage said of DHS' decision to modify its mandatory non-disclosure agreement for employees. "However, there still is language that concerns us, specifically regarding the 'For Official Use Only' [FOUO] information category." [full article] 1-12-2005

Council UPDATE  Jan. 31, 2005:  Local Presidents: Council 117 is working to resolve cases of employees who have not received back pay for attending Saturday training classes (six-day work week) at the Service Academy.   Please us send the names, duty stations, training dates (and Course title/number) of employees who have not been paid.   Send information to: Ms. Peggy Hunter, Council 117 Staff Assistant, e-mail p.j.hunter@comcast.net, Tel: (302) 395-9124  - FAX  (302) 395-9102

Council UPDATE Jan. 28, 2005 - Important CBP Union Information:

SRI/NIAP/COPRA and OTP Grievance/Settlement MatterJerry Emory , Council VP at Large, has been designated the "lead" Council officer on the SRI/NIAP/COPRA Demand to Bargain matter.  He has also been designated as the lead on the OTP national grievance/potential settlement matter.  FYI, he sent a letter to CBP LER Director Brown on Jan 25 and will be filing a ULP charge on Jan 31, 2005 relating to the SRI/NIAP/COPRA matters. You can click here to see the proposed ULP charge in PDF file format.   If you are a Local President and would like copies of other relating documents, contact Jerry

CBP 9A National Commercial Vessel Entry and Boarding Policy; Council Jan 21, 2005 Demand to Bargain (Jerry Emory is the lead officer.  If you are a Local President/officer, you can request such by sending an email to Jerry (click here).

Council Demand on CBP 9A re: Medical Standards (Dec 04) and follow-up letter to CBP Brown on intent to file ULP charge (Jan. 2005)  (Jerry Emory is the lead officer on this.  If you are a Local President/officer and want copies, please email Jerry .)

 

Homeland Security Unions Plan to Sue DHS

AFGE, NTEU, NFFE and NAAE to File Suit Challenging New Personnel System Regulations

The Department of Homeland Security today (Wednesday January 26) issued a new set of regulations that could have grave implications for public safety and national security. In its new personnel system, the Department of Homeland Security has significantly narrowed employees' rights to collective bargaining and all but eliminated the due process rights that enable employees to speak with confidence when they see wrongdoing or mismanagement.

"We, the unions, had earnestly sought to design a new, efficient personnel system in collaboration with DHS managers," said John Gage, national president of the American Federation of Government Employees (AFGE). "With our efforts rebuffed and our gravest concerns ignored, we now, unfortunately, have no choice but to pursue a remedy through the federal courts." AFGE plans to file a case together with the National Treasury Employees Union (NTEU), the National Federation of Federal Employes and National Association of Agriculture Employees that will challenge the new regulations on both a statutory and constitutional basis. [full release] 1-26-2005

More Information on the Department of Homeland Security Regulations

 

UPDATE ON CBP National Bargaining Matters: On behalf of the AFGE Council 117, and as legacy INS bargaining unit employees whose interests are being represented, the following recent actions were taken:

 
(1) A letter was addressed to CBP LER Director Brown by the Council, indicating a ULP charge will be filed on the agency failing to bargain/bargain in good faith on the Council's previous national Demands to Bargain on certain SRI, NIAP and COPRA matters.
 
(2) A recent national union Demand to Bargain was filed on CBP Medical Standards.
 
(3) A recent national union Demand to Bargain was filed on Seaport Inspections. 
 
(4)  Council VP at Large Jerry Emory was appointed as lead Council officer on the OTP national (old ) grievance and potential settlement matter, replacing Council officer Frank Stanczak.

Fed Workers Get Time Off for Travel

http://www.govexec.com/daily/0105/012705d1.htm

Jan. 22, 2005 - MIAP 2005 A/L Schedule.  CBO's check your gov email on proposed options.

Jan. 19, 2005 - Step A Grievance filed on Key West/ Mia Seaport Matters

November/December 2004 -

Local 1458 Members and Bargaining Unit Employees --

Due to the great expansion of duty stations for legacy INS employees within Florida and the Bahamas, and not having Stewards at every duty station and/or on every shift, I have determined that to best serve and represent our employees and union members, we need to come up with alternative means to do so.

Therefore, among new initiates we will be rolling out will be:

(1) (NOW) Customer service telephone lines

(2) (IN 2005) Legal defense fund, including more use of union and/or outside attorneys

While we still have Stewards, these initiates will provide better opportunities for representation.
(Also, if you are interested in stepping up to the plate and becoming a Steward or otherwise assisting, please call the Special Local 1458 Customer Service Line for Local 1458 Union Members, Complaints and Emergencies, found below.)

GENERAL LOCAL 1458 CUSTOMER SERVICE LINE/FAX/E-MAIL FOR ALL BARGAINING UNIT EMPLOYEES:

305-762-3516 (Union Office General Phone)                                786-419-4877 (Private FAX)

Local1458@aol.com (Private E-mail)

SPECIAL LOCAL 1458 CUSTOMER SERVICE “COMPLAINT”/”EMERGENCY” LINE/ FAX/E-MAIL; SPECIAL LOCAL 1458 CUSTOMER SERVICE LINE FOR LOCAL 1458 UNION MEMBERS OR THOSE WILLING TO BECOME A MEMBER (FOR REQUESTS FOR REPRESENTATION NOT PROVIDED TO NON-MEMBERS, TO WIT: REPRESENTATION IN PROPOSALS FOR DISCIPLINARY/ADVERSE ACTIONS, BEFORE MSPB, IN EEO COMPLAINTS, FOR WORKMAN'S COMP INJURIES AND/OR FITNESS FOR DUTY EXAMS..)

786-419-4876 (Phone)                                                       786-419-4877 (Private FAX)

Local1458@aol.com (Private E-mail)

In Unity --

Bridgette Rodriguez
President
Local 1458

Check out the NINSC union website

Don't know who your union Stewards are?  Need Local union customer service or wish to speak with the Local President?  (Click here to contact her. )

6th DAY OF TRAINING BACKPAY:  (A special thanks to Chuck Showalter and Mary Lynch of the Council for having "pushed" this matter within the department and with the Press, to finally get this result):    

Dec. 7, 2004.  From USCIS news...All USCIS, ICE and CBP employees who were identified as entitled to receive pay for their 6th day of training while at the Federal Law Enforcement Training Center (FLETC) will soon be receiving their retroactive pay plus interest.  Employees will receive payment for the 6th day of training in pay period 24 of 2004.  Payments will be made by direct deposit on December 20, 2004.  While every attempt has been made to identify the majority of the employees, there may be a few whose names were omitted.  Therefore, employees who meet the criteria for payment and who can verify that they attended training on the 6th day will continue to be accepted.  Names should be submitted to the National Finance Center (NFC) on a monthly basis through August 2005.  Please direct questions to Robin Allen-Gray, Program Analyst, USCIS, Office of Administration, Human Capital Management Office...

FLSA GRIEVANCE INFO.:     (Randy Callahan is the lead Council officer.)       Dec. 3, 2004  Agency Trying to Track Down Claimants          Dec. 1, 2004   AFGE and AFGE C-117 Are Proud To Announce a Payment Schedule for (Former) INS Employees

Bargaining continuing at national level by the union Council on CBP NIAP/COPRA, CBPO/SRI and CBP AWARDS.  (12/5/04).  Since changes in shifts/tours is a NIAP matter and FLSA being removed from CBPO's is a national matter our previous Local grievances on such were answered by the DFO's that such is not a local matter, is national in scope and impact, and must be bargained/handled by the national union (Council).  Therefore, the Local will not be proceeding to invoke arbitration on these grievances, and if others were previously invoked, we will await the Council's actions and the DHS HR regulations (and its legal affects on pending grievances/arbitration invocations) to review in early 2005.

Changes in the OT Cap Year from calendar to FY was based on law and is also a national matter and national in scope, the Local will not proceed in any arbitration invoked on relating grievances unless the national grievance is decided.

There is potential settlement and a union draft settlement on an old Council OTP grievance.  Local email and teleconference information was previously addressed to OTP's within Florida/Bahamas.  If you are a CBPO (prev. OTP) and didn't get this information, contact Local 1458 President Rodriguez.

Local 1458 grievance on reduction of some S. Florida OTP/NTSS /IIA's to 32 hours proceeded to the Step 3 level , with the agency turning down such stating that all employees signed agreements when hired that they understood positions were subject to management decision on need for seasonal, PT or FT, that such reduction is not a change to working conditions, did not have to be negotiated, etc.  (Note:  Our Local grievance argued more than just a 9A violation, and argued that using other II's (now CBPO's) on OT when the NTSS/OTP/IAs could be working on straight time, etc., violated other laws, regs and agency conduct rules...)  After, some OTP's/NTSS' were allowed to work OT after the 8-hour workday.  The Local invoked arbitration and an arbitrator was named (Donoghue).  We will review this grievance, after review of the Council settlement and other matters and will keep you informed of any date to schedule the arbitration hearing.

Area PD Brown served 9A in late September re: use of gov vehicles as shuttle, etc.  In October, the Local responded with a Demand to Bargain and Info Request.  Recently, the Local sent out an email message as an attempt to resolve filing of ULP for failing to respond, etc.  If you would like a copy of the Demand and are a bargaining unit employee of Orlando CBP, please click here and ask for it.

Council Fair Practices Coordinator Bridgette Rodriguez has filed several 5 USC 7114(b)(4) Information Requests to gather information on CBP employee transfer/relocation requests, disparate treatment between legacy Customs and legacy INS employees in treatment by agency, to determine whether there is also disparate impact based on age, race, nationality, etc.   Recently she filed an Unfair Labor Practice charge on such.  She will also follow-up and file a PPP complaint with the OSC, unless resolved.

VERY INTERESTING LABOR BLOG, ATTORNEY WEBSITE:   http://fedemplaw.blogcollective.com/blog 

Congratulations to Local 1458's Antonio Lozada for his excellent representation of members in proposals for adverse or disciplinary action, and getting all mitigated down or stopped.  Also, Antonio was left as Acting President of Local 1458 from June - October 2004,  and was thanked and presented with an eagle award, at a recent Local union meeting.  

Oct 2004 - Move of DRO to CBP?

108th Congress, 2nd Session, HR 5130 (The Secure Borders Act)

FYI, Section 311 of this bill enhances daily bed space to 22,500 and
provides 541 additional positions for DRO.

However, subsection (c) of 311 states that DRO would be moved under the control of CBP.

..."(c) Sense of Congress-It is the sense of the Congress that the Office of
Detention and Removal Operation should be placed under the operational
control of the Commissioner of the U.S. Customs and Border Protection, since the
largest client of such office is the Border Patrol. The Secretary of Homeland
Security is directed to move the Office of Detention and Removal Operations from U.S.
Immigration and Customs Enforcement to U.S. Customs and Border Protection."

John Kerry letter to Council union members (10/04) (Do not read on government time or using government equipment/resources)

CBP Drug Free Workplace MOU (PDF  10/15)

CBP Personal Appearance MOU (PDF 10/15)

ULP on ICE Special Agents (PDF 10/12/04)

Back pay snafu leaves 4,000 former INS employees in limbo

Anniversary of Terrorist Attacks Calls Questions About Homeland Security Priorities, Says Union Council President
Senate Moves to Halt Outsourcing of Immigration Professionals

Oct 2004 - Arbitration invoked on MIAP parking (proposed fee and continuance) and MIAP/PEV NTSS/OTP/IA matter. 

9A rec'd from K. Brown, Area PD for OIA, SAN and CAPE, relating to change in allowance of gov vehicle use for home-work-different work sites and for shuttling employees to OIA.  Demand to Bargain with Info Request filed by Local in response.  Click here if you would like to contact us and get a copy of our Demand.

INS FLSA Update 9-10-2004

The Latest Edition of the Rep Wing is Available Online

 

Council President's Lobbying Report (10/04) 

Council Message on Disability Employment Awareness Month (10/1)

Council Message on Hispanic Heritage Month (9/15)

Sept 2004 - Local 1458 recently invoked arbitration on two grievances re: Krome AWS/AUO and other FL ICE AUO/45 Act violations. The Local also filed ULP charges on agency non-response to our  Information Requests within each Step B grievance.  We will not proceed to arbitration until the underlying Info Request ULP matters are dealt with.

Latest News on Inspector/BPA survey

Border agency kicks off courtesy training (8/26)

Border and customs officials cite low morale, security gaps (8/23)
Border officials say they are unprepared to protect nation

Aug. 27, 2004 - INS FLSA Update

August 23, 2004 - CSPAN VIDEO - Border Patrol and CBP Officer Survey on Homeland Security http://www.c-span.org/search/basic.asp?ResultStart=1&ResultCount=10&BasicQueryText=Showalter   Speakers T.J. Bonner, President National Border Patrol Council; Charles Showalter, President, National Homeland Security Council; Geoffrey Garin, President, Peter Hart Research Associates; and Andrea Brooks, National Vice President, AFGE; discuss "Survey of Border Patrol Agents and Immigration Officers on Homeland Security."  8/23/2004: WASHINGTON, DC: 55 min.

August 23, 2004 - From Council Website

 TO Secretary Ridge on 6 day training backpay, by Mary Lynch, NINSC VP @ Large 8/23/04

CBP & BP SURVEY 8/23/04

 

August 21, 2004 - Border officials say they are unprepared to protect nation


By Chris Strohm
 
Although the 9/11 commission cited the need for increased border security, the majority of the nation's customs and border officials say they are ill-equipped to prevent another terrorist attack, according to a survey planned for release on Monday...

Full story: http://www.govexec.com/dailyfed/0804/082004c2.htm  (Chuck Showalter is quoted herein.)

August 20, 2004 - DHS/OPM/UNION MEDIATION DISAPPOINTMENT;  MEMO FROM GAGE/KELLY 

Dear DHS Union Members:

Since mid-June, our two unions have been leading discussions with DHS leaders in an effort to make major changes in the human resources system that management has proposed.  Progress was being made in these talks until DHS management unexpectedly and inexplicably walked out. DHS management is refusing to come back to the table and finish the discussions.

This very troubling turn of events occurred even though the discussions were being ably led by the Federal Mediation and Conciliation Service (FMCS), the independent body charged with mediating federal labor-management disputes.

The final stage of these discussions was occurring with the personal assistance of the head of FMCS, who had moved the talks into his personal office in order to facilitate an agreement. He encouraged the parties to focus on the 10 or so most important disputes between them and attempt to arrange what is called a “package deal,” i.e., an agreement which resolves all the top issues. We were well into that effort, often working late into the night, with a package deal in sight, when management suddenly “walked out” on the agency director and, by default, all DHS employees, ending discussions. Management’s only explanation was that it has a schedule it wants to keep for implementing these changes and it no longer has time to try to get the support of its own employees for these rules or even consider all the options and accompanying details.

Discussions that had taken place had shown slow but steady progress. We went into the discussions armed with legal precedents, hard data, and a deep understanding of what it takes to actually provide homeland security at the borders. In contrast, DHS management repeatedly failed to produce data to back up its assertions that radical changes, most of which are detrimental to employees, need to be made and often was unable to give us even one example of how the current personnel rules are a threat to homeland security.

We are deeply disappointed with the decision by DHS management to abandon these talks and shut the door on the possibility of real improvement to the DHS personnel system. If management moves forward with the proposed personnel changes, as they were announced earlier this year, it will mark a true reversal of employee rights and limit your ability to substantially contribute to the vital mission of the department.

This dispute is far from over. With your help and your front-line experience and expertise in homeland security, we will continue to bring to the attention of Congress, the media, and the American public the detrimental impact these changes will have on the security of our country.

We intend to send you more letters like this, to hold local union meetings to discuss the changes, to use our web sites to keep you and the public informed, and to take our concerns directly to Congress.

When the final rules are issued, likely in mid-September, we ask that you take the time to study them because they will address whether DHS employees--

will lose due process and other fairness protections when disciplined;

will get a system that permits management to divert appropriated funds for future salary

increases to favored management projects and drop DHS salaries below GS levels;

will have their unions’ rights to bargain greatly and unjustifiably diminished;

will see millions spent annually to create internal DHS labor and employee relations

appeal boards that duplicate and replace the impartial third-party boards that exist today;

will see managers avoid any accountability for performance award decisions;

will see vast system changes made without any prior simulations to test what actually will

result from the change nor any objective criteria to judge their success or hold managers

accountable; and

will see all compensation decisions taken out of the hands of Congress and put into a

management-dominated committee.

The final step in the mandated "meet and confer" process is a formal meeting between us and DHS Secretary Ridge and OPM Director James. We will keep you informed.

John Gage                                                                                            Colleen Kelley

National President                                                                                 National President    

American Federation of Government Employees                                   National Treasury Employees Union

August 13, 2004 -- Status of Local 1458 CBP Actions on NIAP/COPRA changes to tours, OT, FLSA and/or addition of non-paid lunch time:

Acting Local 1458 President Antonio (Tony) Lozada was called to a meeting of the S. Florida CBP DFO on July 29 to be informed that management is changing certain tours, etc., due to implementation of NIAP/COPRA.  No such notification was given to him or President Rodriguez for N. Florida CBP. Two union Step A grievances with Demands to Bargain were presented for S. Florida CBP ports, as follows: (1) one grievance for certain changes relating to OT cap restrictions just learned of by Local Acting President, and (2) unilateral changes at S. Florida ports in tours, shifts, OT wheels, removal of FLSA, etc.

Steward Charles Center (TAM), CBP Tampa, was recently tasked to inquire and report to Acting President Lozada as to management unilateral changes at each N. Florida port since implementation of NIAP/COPRA (week of July 26) and to file a Step A union grievance is said changes were unacceptable.  (Note: There are some old pending grievance matters on old unilateral changes, as well as tour and lunch change negotiation still pending from March 2004 for SAN, ORL, and the Cape. Management previously (in late June) withdrew its Feb. 2004 9A notice on adding a 1/2 hour lunch period for Tampa. This may be subject to change again, since local CBP LMR has stated that since the implementation of NIAP,  they can now change tours, etc., without negotiating with the Local, since this was already raised to the "national" union.)

FYI, meanwhile, the National INS Council, recently renamed the National Homeland Security Council 117, had previously received documents in late June from CBP HQ's that they believe constituted a 'constructive' 9A bargaining notice and responded with a Demand to Bargain, interim union proposals and an Information Request by mid-July.

August 12, 2004 - AFGE has recently reaffirmed by letter to Mr. Santiago and Local 1917 that Local 1458 is the Local union and 'exclusive representative' for all legacy INS bargaining unit employees within Florida and the Bahamas, as has been the case for some 35 years now. 

July 25, 2004 - Special Call Meeting for August 28, 2004 (link to our Meetings web page).

July 21, 2004 - DHS Proposed Regulations Flyers

Homeland Security Proposed Personnel System
AFGE has produced a video outlining the proposed changes to the DHS Personnel System and how they will affect DHS employees. watch the video (6:25 Min Streaming Media)  7/21/04

NINSC Newsletter

July 15, 2004 - MIAP INSPECTORS - If you have paid to park at MIAP for work purposes, please immediately contact Antonio Lozada or Mollie Cutler.  

Latest on DHS Proposed Regulations
AFGE and sister unions write Secretary Ridge. read the letter 7-9-2004

Quote of the Year, John Kerry to AFGE Employees, "I will restore every single right that has been taken from you over the last three years. All of America should honor and respect the work that you do for us..."

John Kerry Wins Endorsement of the American Federation of Government Employees
PITTSBURGH, PA--The nation's largest federal workers' union today announced its support of Senator John Kerry in this year's presidential election. At a meeting of members and leaders of the American Federation of Government Employees, AFGE National President John Gage today praised John Kerry as the best hope for working Americans in the upcoming presidential election. full News Release
AFGE Endorsement - Acceptance Remarks of Senator John F. Kerry.

INS FLSA Update 6/28/04 6-28-2004

June 25, 2004 - AFGE Endorses Kerry

June 18, 2004 - Roybal-Allard Amendment Passes (House), 242-163!  Our Council salutes those Representatives who voted in favor of the Amendment!  (Click here to see how your Representative voted.)  However, there is more work to be done; so, please contact your Local union for information on how you can help.   (Representative Roybal-Allard's Amendment would prevent the Department of Homeland Security from privatizing, under the controversial OMB Circular A-76 process, the investigation and adjudication of applications for immigration rights and benefits, a public safety-related workload performed by 1,400 Immigration Information Officers, Contact Representatives, and Investigative Assistants in Citizenship and Immigration Services (CIS) offices of the DHS across the nation.)

June 16, 2004 - AFGE National Border Patrol Council President T.J. Bonner Talks to Lou Dobbs about Border Patrol Issues   AFGE NBPC President T.J. Bonner Talks to Lou Dobbs on CNN's "Lou Dobbs Tonight" abuot Border Patrol Issues. Bonner, along with AFGE National INS Council Local 1944 Secretary Sergio Ugazio testified at a hearing held by the Infrastructure and Border Security Subcommittee on June 15, 2004. See the video clip 6-16-2004

June 16, 2004 - Click here: washingtonpost.com: Congress Tackles Outsourcing Issues at Defense, IRS, Homeland Security

June 16, 2004 -  A special "Thank you" to the Honorable Kendrick Meek and his aide Ernesto Ramos for contacting our Local to advise that Congressman  Meek will be voting for the Roybal-Allard amendment.  Congressman Meek has been a supporter of both "homeland security" and keeping the true meaning of the word "Services" within the agency name, "Citizenship and Immigration Services".

June 16,2004 - Also the Local filed a Step B grievance on 6/15 on the  NTSS, OTP and IA cutback matter, after Area PD's Baldwin and Hogan turn down the Step A grievance.

The Local filed for arbitration on a recent MIAP class employee grievance on agency failure to pay FLSA pay-backpay on the 6-day IOBTC training. 

June 6, 2004 -  Local 1458 Members are #1 (and smart, to boot)!

Here are some answers to some recent questions -

Question -  Can one Local bargain with local agency management on the working conditions of another Local's bargaining unit employees?

Smart Local Member's Answer - No. Each AFGE Local is the exclusive representative of the bargaining unit employees within the Local's jurisdiction.

Question - Can one Local union file a union grievance for another Local's bargaining unit employees?

Smart Local Member's Answer - No, again, the Local is the exclusive representative for the bargaining unit employees under that Local's jurisdiction.

Question - Can one Local union invoke arbitration on another Local's grievance or employee grievance under another Local?

Smart Local Member's Answer - No, only the rightful Local may invoke arbitration.

June 4, 2004 - CBP: Bargaining on pervious 9A on changes (lunch/shifts) at Sanford, ORL and Cape (rescheduled due to management's previous cancellation) is tentatively set for June 16th.  Update:  Meeting for June 16 rescheduled due to medical emergency of Acting Exec. VP.  Will be reset for early July.

Bargaining at Tampa on previous 9A involved in negotiability dispute and also at impasse.  Further information to follow.  ICE:  Three 9A notices served on Local on May 24 by Mr. Rozos, DFO, ICE D&R, are being responded to.  Two Demands being mailed on Monday, June 7, 2004. 

June 3, 2004 - Step A grievance and Demand filed on new information that management unilaterally changed tours for Sanford inspectors without bargaining. 

May 30, 2004 - The National INS Council Convention election results:

Council President: Chuck Showalter

Exec. VP:   Randy Callahan

Secretary-Treasurer:  Frank Stanczak

Women's and Fair Practices Coordinator: Bridgette Rodriguez

Central Region VP: Robert Quesada

Eastern Region VP: James Bonnette Sr.

Western Region VP: H. Edward Bell

The National INS Council wishes to express its thanks to AFGE National President John Gage for his support of the Council and assistance in the elections.  Mr. Chuck Hobbie and Monroe Johnson from AFGE HQ were the superintendents of election and did a great job as usual.  

May 27, 2004 - From NINSC website

May 17, 2004 -  Unions Meet with DHS and OPM about Personnel System

The unions met with DHS and OPM officially last week to review the union’s comments. DHS was non-committal during the process. However, it was helpful to walk through the regulations and our comments in preparation for the statutory collaboration process. Council Presidents Brenda Neuerburg and T. J. Bonner were in attendance.

The statutory process has been tentatively scheduled to begin June 14 th and run through July 23 rd, unless extended. FMCS will be attending the meetings and will likely begin full mediation efforts after the meetings have begun. We expect these discussions/negotiations to be very tough.

May 14, 2004 -  Local 1458 Demand to Bargain and Article 5 Opinion; Local's Letters to Congressmen Meek and Diaz-Balart on NTSS/OTP Inspectors and Assistants; Agency Response to Demand (Note: Will be filing union grievance next week.)

DemandNTSSOTP0404.doc

CongressionalNTSSOTP0504.doc

CongressionaldiazNTSSOTP0504.doc

AgencyResponse0504.pdf

May 14, 2004 - Agency Provides Response to latest Local 1458 MIAP Parking Grievance  (We will be invoking arbitration on this grievance, solely on whether management has violated the I&NA, 8 CFR and INS Air Ports Technical Requirements by not enforcing such on the MDAA to insist on free, closeby parking.)

StepBMIAPParkingOIGATR0504.doc

AgencyResponseStepBMIAPParking.pdf

May 12, 2004 -

EEOC Changes Undermine Your Rights at Work GO »

National Union Offers Common Sense Suggestions on Electronic Voting
WASHINGTON, DC - The American Federation of Government Employees offered advice to the U.S. Election Assistance Commission, which is expected to issue preliminary guidelines on electronic voting this week. read full release  

INS FLSA Update 5/3/04
Updates on payment, Website response and "Suffer or Permit" hearings 5-11-2004

May 3, 2004 - Local 1458 Good Works 2004  (pdf  format)            FYI, United Way of America      

April 26, 2004 -  IT PAYS TO BE A LOCAL UNION MEMBER!

Benefits Available to Union Members

These Money-Saving Benefits are Available Only to AFGE Members:

Legal Services Program

In legal matters, union members rely on expert advice. And to help find lawyers who can answer their personal legal questions, members can consult the Union Plus Legal Service. Our database of union-approved lawyers contains more than 1,700 law offices nationwide. The database also includes lawyers who focus on immigration law.

Free Lawyer Consultation and Review

No enrollment forms or fees are required. Union members are automatically enrolled and are entitled to:

It's Confidential... 

April 21, 2004 -

AFGE Provides Analysis Of Final Bush Overtime Rules, Finds Reasons For Concern
The Bush Administration on April 20 released its final rewrite of the federal overtime pay rules. These sweeping changes, which have been avidly sought by a wide coalition of 100 business groups, are intended to change overtime eligibility rules to take away the overtime pay of many American workers. While some time is needed to properly evaluate this 62-page revision, along with its 277-page preamble and 198-page regulatory analysis, a cursory analysis reveals... 4-21-2004

April 2, 2004 -  One Face...S. Florida CBP:

As AFGE Local 1458 President, I have invited the S. Florida NTEU Chapter 137 President and his staff to tour our S. Florida ports together in order to meet with our CBP employees, answer their questions and address concerns about their working conditions and their future.  If there are issues that need to be resolved, it is our plan to discuss and attempt to resolve all employee-management and employee-employee concerns that are "local" in scope during these visits, in order to maintain or build espirit de corps.  

Within the next several weeks, as Local 1458 President, I will be touring MIAP CBP with the NTEU Chapter President. 

Local 1458 Acting Exec. VP Antonio Lozada will be touring Miami Seaport CBP; PEV CBP; WPB CBP and Key West CBP with NTEU Chapter 137 officials within the next 30 days. 

More information will follow, with specific dates and times.

Feel free to pass this on to fellow S. Florida CBP employees. (I will be sending out broadcast messages on this on Monday, April 5.)

P.S.   As soon as I can contact the NTEU Chapter Presidents for the Tampa and Orlando areas, she will extend this invitation to those Presidents to tour their respective areas in the future.

MARCH 31, 2004 Unions seek to jointly represent customs, border employees 

President Gage talks on Washington Post's Federal Diary Live
John Gage answered questions on Washington Post's live, interactive online forum on March 31. The topic was the new personnel system for DHS. Visit http://discuss.washingtonpost.com/wp-srv/zforum/04/auto_r_politics_barr033104.htm to read the interview. 4-1-2004

Pay parity votes
The House of Representatives adopted the resolution by a vote of 299 to 126 (See the votes). Ninety-five Republican Representatives and all Democrats in the House of Representatives voted in support of the resolution, which states that "it is the sense of the House of Representatives that... full story 3-31-2004

AFGE Launches INS FLSA Case Website
The General Counsel's Office in conjunction with the Communications department launched AFGE's INS FLSA Case Status Website on Friday March 26. The Status website will allow claimants to check their status in the class action suit. Due to revisions made by the Agency, all claimants are asked to visit the site and check their status. 3-26-2004

AFGE Calls On President Bush To Protect DHS Worker Rights

Bush “Finally” Signs 4.1% Pay Increase Executive Order        

GAO Report Supports Concerns Of TSA Screeners

The Latest on the DHS Personnel System

COMMENT PERIOD CLOSED MARCH 22, 2004

Here are the comments AFGE filed jointly with the National Treasury Employees Union (NTEU) and the National Association of Agriculture Employees (NAAE). You still have time to submit your own comments until midnight tonight EST (3/22/2004). Please see our pre-written comments below for ideas.

click to sort by this column click to sort by this column click to sort by this column click to sort by this column click to sort by this column  
Document ID Title Date Type Phase Rendition
DHS-2004-0001-0430 Comment entitled "Public Comment on Proposed Regulations submitted by American Federation of Government Employees (AFGE)" submitted by Bridgette Rodriguez, President, Local 1458 03-06-2004 Public Comment Proposed Rule PDF Rendition - the File size is 56,832 bytes, Page count is 9 pages.
DHS-2004-0001-2227 Comment focusing on133 Employee Comments of The American Federation of Government Employees (AFGE) submitted by Bridgette Rodriguez, President 03-20-2004 Public Comment Proposed Rule PDF Rendition - the File size is 612,864 bytes, Page count is 162 pages.
DHS-2004-0001-3117 Comment entitled "Impediments to Employee Comments" submitted by Bridgette Rodriguez, President, American Federation of Government Employees (AFGE) Local 1458 03-22-2004 Public Comment Proposed Rule PDF Rendition - the File size is 25,088 bytes, Page count is 2 pages.

TO FIND EMPLOYEE AND UNION COMMENTS, CLICK HERE

Last updated March 22, 2004 

FEB 23, 2004 -  The Local 1458 President today submitted to the NINSC Secretary-Treasurer, and to the Acting President, proposed amendments to the NINSC Constitution which:  

(a) Require the NINSC to have elected offices that represent the bargaining unit employees for each DHS agency -- CBP, CIS and ICE, and, therefore, provide for a required voice and vote for each agency's bargaining unit (CBP, CIS and ICE) on the NINSC Executive Committee, and, 

(b) require the hiring of a Staff Attorney for the NINSC and Locals (must be a practicing attorney, member of the bar...) 

In addition, since the last NINSC Convention was in June 2002, she proposes the next one be in June 2004, and, pursuant to the Constitution, that a mail out ballot on her proposed amendments be sent to Local Presidents in the NINSC ASAP for a vote, so that if any amendments are approved, they can be applied to the upcoming Convention.   Stay tuned for more information, as it comes in. 

Feb 11, 2004 -  9A notice issued to Local President by CBP Area PD for Tampa.  Such was sent via agency cc:Mail to Tampa International legacy INS inspectors for comment. (Due to security reasons, it will not be posted here.)  

Feb 10, 200 4 - Homeland Security personnel rules due out later this month

Feb 5, 2004 - The Latest on the DHS Personnel System
We have heard that DHS plans to release its long-awaited proposed new personnel regulations on February 13, 2004. Secretary Ridge has invited President Gage to meet the day before for a briefing on the proposal. As many of you know, this is several months later than November 2003 when the Department originally planned to have its proposals ready. Why the delay? We are not sure - we understand that the Secretary of DHS and the Director of OPM reached an agreement on the new regulations late last year, but the regulations have been back and forth between the Office of Management and Budget and OPM ever since... 2-5-2004

Feb. 4, 2004    Bush Budget Proposal Could Block Efforts for Pay Parity (Post, Feb. 5, 2004)

Defense, Homeland Security Proceed With Pay and Personnel Reorganizations (Post, Feb. 4, 2004)

Jan. 30, 2004 - Want MORE?     (We're looking for volunteers to help the AFGE and Local Mobilize, Organize, Register Voters and Educate.  Click on this link in order to get volunteer form to fill out(in  .pdf   file format)After completing the form, please deliver to or notify President Rodriguez ,  or fax to her at  1-775-655-5468. )

Jan 30 2004 - FLRA Issues Complaint Against CBP Based on Local 1458 ULP Charge  (Go to Documents web page, under CBP, for updated information.)

Jan. 28, 2004 -  The Local President received a 9A notice from Area PD Brown on proposed changes for Feb 8 at OIA, Sanford and the Cape.  Due to security reasons, the 9A will be sent to employees via the agency's cc:mail system.  The Local President also received an agency response to our union Step A grievance on FDA training at the Cape.  Again, due to security reasons, this response will be disseminated to the Cape legacy INS employees via agency cc:Mail.  

Jan. 28, 2004 -  From FedSmith.com   Bush v. Kerry--Who would receive your vote?

Jan. 28, 2004 - Latest FLSA Case Update (old case)

 Jan. 28, 2004 - Budget changes coming to agencies  (See below, too...Huge federal deficit under President Bush the cause...) 

Jan. 22, 2004 -         
Orlando Sun Sentinel Article on Republican U.S Senate (FL) Candidates' (Martinez' and Klayman's) Negative Comments on Federal Employees  (Click link and register to get article) 

AFGE Praises Passage of 4.1% Increase For Federal Employees

Jan. 21, 2004 -   Potential 9/11 hijacker turned away (Orlando Airport Inspector did this great job, which has finally been made "public".) 

Union Blasts Bush For Code Talk In His State Of The Union Message

Civil Rights Group Joins Unions in Fight Against Job Competitions   

Jan. 21, 2004 - Local 1458 Filing a Demand to Bargain on MIAP unilateral change of OT wheel and Sanford OT;  More Grievances filed; recent agency response to class employee 6-day-per-week training grievance was positive, recent MOU's...


Jan. 19, 2004 - Excerpts of Statement from AFGE National President and Women's Fair Practices Director (click here for full statement):

...All of us, brothers and sisters must be involved in the fight to protect the rights of union workers and the rights of working Americans.

Never before have those rights been so much in jeopardy. Misguided policies and legislative action threaten to erode the quality of inherently governmental services from Social Security to meat inspection. Our soldiers returning from Iraq are no longer guaranteed the right to quality health care service. The jobs of hundreds of our members and the future of the entire civil service are in jeopardy. Overtime pay is no longer guaranteed for millions of Americans. Employee health benefits could become a thing of the past. And right now an assault is being waged on the viability of the Equal Opportunity Commission, an organization whose function and very existence was born from the civil rights movement and paved the way to ending workplace discrimination. Yes, brothers and sisters the Bush Administration has taken aim at some of the very beliefs exerted by Reverend King.

We must continue the legacy of Martin Luther King Jr. and his followers. We must, brothers and sisters keep up the fight not just for ourselves but for our children and our children’s children. I’m asking you to do four things:

  1. If you have not done so, register to vote and encourage your family and friends to do so.
  2. Join the union of your choice. If you are a government employee join AFGE.
  3. Support a political action committee
  4. And meet me at the polls!!

That’s doing what we can to Dr. King’s Dream Alive!!

Jan. 17, 2004 - Local President's Message

                                 Statement From AFGE On The Bush Immigration Amnesty Plan

 Jan. 17, 2004 -  FEEA Scholarships - FEEA Scholarships 2004-05 Applications Available Through March 2004...  

                                  Government Online Learning (Training) Center

Jan. 16, 2004 - Democrats Criticize Homeland Security

Jan. 15, 2004 -  Drug tests for federal workers will include workers' hair, saliva and sweat.

OPM, Homeland Security to release proposed regulations soon...

Pay for performance...DHS and DOD...

Dec. 30, 2003 -  Recent visits/lunch and learn sessions result in 31 new members!  Thank you for helping Local 1458, the NINSC and the AFGE grow even stronger!

Dec. 30, 2003 -  As a follow-up to our Dec. 5, 2003 item below on a 9A notice from WPB Area PD and our follow-up Demand, be advised that the Area PD called and withdrew his 9A, as he was unaware that our legacy INS Inspectors were covered by FLSA and 5 CFR 551 governed.  Local 1458 will check with Inspectors to insure no harm was done.

Dec. 25, 2003 - Some interesting news...

Vital Updates following INS FLSA Hearing of December 8-10
INS FLSA Case Information Updated December 18, 2003.

12/24/03 - Employees Limited to ONE Probationary Period! 

DHS plans slow transition to new Pay and Performance regulations

DHS to release proposed regulations on Pay, Performance, Discipline/Appeals, Classification and Collective Bargaining in January

Latest e-mail on 2002-2003 6-day training, FLSA overtime pay matter.  Since all employees who attended the 6-day training were administratively under ICE at the time OPM made its ruling in early August 2003, it appears that ICE was responsible for payment to ALL affected employees and this (though meant for Inspectors) apparently applies to all affected employees:

     ...OFO/HQ, sent this information to provide the latest on the back payment of overtime that was earned by the Immigration Inspectors (GS-1816s) while in basic training at FLETC.  They were required to attend training on a 6-day basis with overtime awarded for Saturdays.

     He spoke with the ICE (former INS) budget office this week on the status of these payments.  Here is what he learned:

     1.  INS established a contingent liability of $3.5 million at the close of FY 2003 to cover the payment of this expense.

     2.  The contigent liability was liquidated and no longer exists.

     3.  ICE is now working to find funds to re-establish the obligation so that payment can be made.

     4.  This liability belongs to ICE, not CBP.  ICE is going to make good on it.

More information will be provided as it is given.

Dec. 24, 2003 -  Local 1458 Raises Certain Use and Printout of SS#'s (employees and supervisors) to S. Florida CBP DFO in open email message.  Because of security implications, no further information can be disseminated within this public web site. 

Dec. 18, 2003 -  Final  Local Demand to Bargain on MIAP matters mentioned in Dec. 5, 2003 item, below.

The Local also filed a Step A grievance with Demand to Bargain on the FDA training and duty assignments for the Cape.  Because of possible security implications, we will not post such on this website. 

CBP Sanford PAU Step A Grievance filed. (Due to security reasons, cannot post on public web site.) 

Dec. 10, 2003 - Executive Order - Federal Offices Closed Dec. 26

Dec. 6, 2003 - NINSC Responds to Agency 9A on K-9

Dec. 5, 2003 - See our Local Demand to Bargain, in Word 6.0 format, and the Area PD's response, in  .tif  "image" format (which requires an "image" preview program to open and view, turn pages.)

Dec. 5, 2003 - The WPB Area PD served a verbal and written 9A notice on firearms training, travel, overtime and past practice associated with attending firearms qualifications at Krome. However, the Area PD has cited 5 CFR 550, instead of 5 CFR 551 for our legacy INS Inspectors, so Local 1458 responded to 9A, submitted Demand to Bargain and Information Request, and attached 5 CFR 551 FLSA regulations. Please contact Local 1458 if you are a WPB Inspector and interested in seeing these letters.  

October On-Going - URGENT!

AFGE DHS Petition
URGENT!! AFGE's DHS Petition (PDF) lays out what AFGE sees as the five fundamental principles concerning the new Department of Homeland Security Personnel system. By delivering these petitions to Secretary Ridge and Director James, we will show them that federal employees refuse to accept any personnel system that does not encompass these five underlying principles. Many Locals have already delivered initially signed petitions to our AFGE during the 3-day SRC meeting, Oct 22, 2003.  In fact, Local 1458 delivered over 180 and had over 30 more sent to it over the weekend.  HOWEVER, WE NEED TO KEEP GATHERING MORE SIGNED PETITIONS. IF YOU HAVE NOT ALREADY SIGNED IT, PLEASE CLICK ON THE LINK ABOVE (DHS PETITION), PRINT IT OUT, SIGN IT AND EITHER MAIL IT TO THE LOCAL OR FAX IT.  THE LOCAL'S FAX IS 1-775-243-2219 OR YOU CAN MAIL IT TOAFGE DHS PETITION,  80 "F" Street, NW   , Washington, DC 20001. 

November 10, 2003 and On-going - SPECIAL LOCAL 1458 MEETING NOTICE! (CLICK HERE)

 

Nov. 26, 2003 -  Memorandum of Understanding between NINSC and CBP re: Uniform Wear Policy

Message from Commissioner Bonner to all CBP Employees re: Overtime Earnings - FY-04 Update

Nov. 21, 2003 -  NOTICE:  Employees must contact a Steward on the Local 1458 Stewards listing in order to speak with the union and/or seek representation.  If one Steward is not available, the employee must attempt to contact other Stewards on the listing, by the bureau they work in.  Should you not be able to find an available steward after exhausting the bureau list or you need a steward in a bona fide emergent-need circumstance, we have created  a customer service liaison Steward/VP-at-Large, Robert Aulita, who can be contacted via cc:Mail or via a beeper with voice mail features at (305) 566-2275.

Nov. 20, 2003 - View our letters (without attachments shown) to Sen. Graham, Sen. Nelson and to Mayor Alex Penelas on the MIAP Parking matter.  The NTEU and Local are working together in partnership on this disturbing matter.  

Nov 18, 2003 - From NINSC website

National Grievance on MP&RP

Nov. 17, 2003 - 

White House Objects to Job Competition Revisions (11/17/03) (Objects to new provision that grants federal employees the right to appeal A-76 decisions...The Bush Administration does it again....)

Warning: Flu Season Starts Early and Strong (11/17/03)

Conferees approve 4.1 percent pay raise (11/13/03)

Nov. 10,  2003 -  (A) Arbitration hearing on the combined Orlando Parking union grievances. which was heard by Arbitrator Sands on Nov. 4.  Briefs due within 30 days of date of receipt of transcripts and decision should be forthcoming by Feb. 2004.  Since this grievance included the INS Air Ports Technical Requirements (2002), this grievance could have national impact.  Meanwhile, we have a similar grievance for MIAP, since they plan on starting to charge inspectors in 2004, and it is pending arbitration.  Also, the Local and NTEU Chapter will be taking actions, such as meeting with members of Congress and other entities in the MIAP matter.  If we are unable to resolve this matter, I have suggested that as a last resort we organize and ask ALL unions across the State and country to boycott MIAP.  (B) Due to Local 1458's email to DFO and notification to NINSC about handcuff issuance problems, such is resolved. Also, fyi, the S. Florida DFO ordered handcuffs not only for those who didn't have any, but for ever inspector. (C) Local President Rodriguez asked to meet with PD Roig to insure the potential settlement (one additional OT opportunity per PP) on the OT restriction grievance matter is being properly implemented.  (The grievance was not withdrawn.)     

November 10, 2003 and On-going- SPECIAL LOCAL 1458 MEETING NOTICE! (CLICK HERE)

Nov. 1, 2003 --  As you are aware, Local 1458 raised the issue of Inspectors not having and not being provided handcuffs by the agency to DFO's and the NINSC.  We were advised that handcuffs will be issued to all Inspectors who don't have them, and S. Florida DFO Winkowski ordered them for all S. Florida legacy INS Inspectors and they have arrived.  Thanks, Mr. Winkowski and Ms. Garcia!

Oct. 29, 2003 - (A)  AFGE National President Gage's Testimony on DHS Before House Committee on Government Reform, Subcommittee on Civil Service and Agency Reorganization     (B)  Local 1458 Press Release on DHS (Oct. 2003)      (C)  Local 1458 (Sample) Letter to Senators/Congressmen on DHS (Oct. 2003) 

October 29, 2003 - INS FLSA Hearing Scheduled!
INS FLSA Case Updated October 29, 2003.

Oct 22, 2003 - Union Leaders Optimistic About HS Personnel System

Union Leaders Emerge Hopeful From DHS Meetings; Urge Secretary Ridge To Keep Promise To Unions
AFGE President Outlines Union's Goals for DHS Personnel Review Process

Opening Statement by AFGE National President John Gage before the DHS Senior Review Committee
The Deparment of Homeland Security's Senior Review Committee held public meetings the week of October 20 at the Almas Temple in Washington, DC, in order to evaluate the extensive list of personnel options submitted by the Design Team. The Senior Review Committee, which includes AFGE President John Gage and NTEU President Colleen Kelly, as well as representatives from DHS and OPM, will discuss the options on pay, classification, performance management, labor relations, and adverse actions. The three-day meeting will culminate in recommendations to Secretary Ridge and OPM Director Kay Cole James.  Their proposed regulations could be submited as early as next month. 10-20-2003

October On-Going - URGENT!

AFGE DHS Petition
URGENT!! AFGE's DHS Petition (PDF) lays out what AFGE sees as the five fundamental principles concerning the new Department of Homeland Security Personnel system. By delivering these petitions to Secretary Ridge and Director James, we will show them that federal employees refuse to accept any personnel system that does not encompass these five underlying principles. Many Locals have already delivered initially signed petitions to our AFGE during the 3-day SRC meeting referenced in the Oct 22, 2003 Gov Exec article on the HS Personnel shystem SRC meeting, above. Local 1458 delivered over 180 and had over 30 more sent to it over the weekend.  HOWEVER, WE NEED TO KEEP GATHERING MORE SIGNED PETITIONS. IF YOU HAVE NOT ALREADY SIGNED IT, PLEASE CLICK ON THE LINK ABOVE (DHS PETITION), PRINT IT OUT, SIGN IT AND EITHER MAIL IT TO THE LOCAL OR FAX IT.  THE LOCAL'S FAX IS 1-775-243-2219 OR YOU CAN MAIL IT TO LOCAL 1458 , 12630 NW 22 COURT, MIAMI, FL 33167.  


October 7,2003 -  OPM releases suggestions for Homeland Security personnel system http://www.govexec.com/dailyfed/1003/100603sz1.htm

 
OPM Page on 52 Options:
http://www.opm.gov/Strategic_Management_of_Human_Capital/HC_Systems/DHS/index.asp

Oct 6, 2003- NOTE:  Recent CBP "search" procedure changes apparently have been interpreted in different fashions, port-to-port, and legacy INS inspector concerns and comments were forwarded to the NINSC for review and follow-upiosrac

October 5, 2003 - Homeland Security Personnel System News (Washington Post)

September 2003 - INS FLSA Grievance

September 29, 2003
AFGE Letter to Arbitrator Vitaro responding to INS letter of September 26, 2003.

September 26, 2003
Letter from INS to Arbitrator Vitaro following order of August 5, 2003.

September 8, 2003
Letter from Arbitator Vitaro in response to AFGE and INS letters dated September 5, 2003.

September 6, 2003
AFGE Letter to INS in response to INS letter dated September 5, 2003.

September 6, 2003
INS Letter to Arbitator Vitaro.

September 29, 2003 - New Stewards (from CBP). There are several employees who previously stepped up and volunteered to be new Stewards from MIAP, MIA SEA and other Florida ports.  The Local has new Stewards training set for Oct 16 and 17, to be given by the NINSC, and in accordance with our union Agreement, on 9/23, the Local asked CBP management that these volunteers be released for this two-day training.  We are awaiting management's response. 

Discussions on possible change in PEV AWS shifts.  PEV employees, please contact either Clint Lamm or Steve Petrone for copies of our Demand to Bargain and further information.

Antonio (Tony) Lozada to take more active role in union matters at MIAP CBP:  President Rodriguez has tasked Exec. VP Bayron to take a more active role on ICE Krome matters, including with ICE Krome Stewards, for the next several months.  Due to this, Antonio Lozada, VP, will become much more active in MIAP employee and Steward matters/concerns.

Keep checking our Local1458 Documents (Recent grievances, MOU's, etc) webpage for updates on union grievances, MOU's, settlements, etc., including the latest on two MIAP grievances that were potentially settled recently.  

Sept. 22, 2003 - Tracking of foreign visitors hits snags 

Sept 17, 2003 - NINSC National Level Grievance on CBP Officers.  

Thomas Ridge

Secretary

Department of Homeland Security

Washington , DC 20528

RE: National Level Grievance.

Dear Secretary Ridge:

This is a national level grievance, filed on the Union ’s behalf, in accordance with Article 47(I)(3) of the Collective Bargaining Agreement (Hereinafter, the Agreement). The Union alleges that the Department has violated Articles 2, 5, 9, and 27 of the Agreement.

Facts:

 On September 4, 2003 , the Department sent an email, written by Jayson P. Ahern, to all employees announcing the creation of a “Customs and Border Protection Officer” (CBP Officer) position within the Bureau of Customs and Border Protection. The Department did not serve the Union with a notice prior to announcing the change and the Union has not had an opportunity to negotiate over the change.

 Specifications:

 The Department has violated Article 2 of the Agreement, in that the Department has violated all laws passed by Congress relating to the appropriations of funds used to hire Immigration Inspectors of the former Immigration and Naturalization Service. By changing those positions to Customs Inspectors, and then reclassifying them to the new CBP Officers, the Department is misappropriating funds, committing fraud, waste, and abuse, and is bypassing the overtime Act of March 2, 1931 as it relates to Inspectional overtime. The Department has also violated the Homeland Security Act of 2002 (HSA), in that Management Representatives of the Department have stated that the Union will not represent individuals hired to fill the new position, which violates the protections Congress afforded to the Union and the employees in the HSA. The Department admits in the aforementioned email message that the DHS Personnel Design Team must recommend the changes prior to implementation, but the design team has not provided their final recommendations. The Department’s actions are premature and are in violation of the HSA.   In addition, there is no indication that the Department has received approval from Congress to make these changes as is required under the HSA. The Union will call upon Congress to hold hearings to determine if the Department is in violation of the Law.

The Department has violated Article 5 of the Agreement, in that the Department has affected the Union ’s right of exclusive representation for our Immigration Inspectors. Many, if not most of the positions being filled are replacements for Immigration Inspectors that have left the Service. Those are bargaining unit positions that are represented by this Union . Management Representatives of the Department have stated that the Union will not represent individuals hired in the new position until the FLRA has determined which Union (AFGE or NTEU) they belong to. The Union sees this as a deliberate violation of the Union ’s rights as exclusive representative.

The Department has violated Article 9 of the Agreement, in that the Department did not serve notice on the Union in accordance with Article 9A, nor has the Department afforded the Union the opportunity to bargain over the changes to working conditions of our Immigration Inspectors.

The Department has violated Article 27 of the Agreement, in that the Department has denied Inspectors the ability to work on Sundays and Holidays, because those Inspectors are compensated with “31 Act overtime.”  

Remedy:

 To resolve this grievance, the Union makes the following demands:  

  1. The Department shall delay implementation of the CBP Officer until negotiations are completed. Note: The Union does not agree to post implementation bargaining under Article 9F of the Agreement. 
  1. The Department shall continue to hire Immigration Inspectors as appropriated from Congress. Said Inspectors shall be classified as Immigration Inspectors and shall be in the bargaining unit represented by this Council. 
  1. The Department shall pay back pay for all Immigration Inspectors who were denied the opportunity to work 31 Act overtime on Sundays and Holidays. The Department shall revert to status quo ante with regard to scheduling Immigration Inspectors to work 31 Act overtime. 
  1. The Department shall send an email to all employees announcing that they have agreed to delay the implementation of the CBP Officer position until the Department and the Union have reached an agreement on the substantive issues. 

The Union hopes the Department will cease bypassing the Union and will make the Union a partner, rather than an adversary, in addressing changes in the workplace. The Union has offered to participate in workgroups, such as the creation of the Immigration Enforcement Agent position, and will continue to do so. We all want to make the Department the best and most efficient Department of the Federal Government, but we will not get to that point if the Department continues to bypass the voice of the Employee, the Union . I look forward to your response.

Sincerely,

Ignatius Gentile

-------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Some info from NINSC on a Uniform Meeting:

All
Some of you may already know that, the WVP Jim Broz and I attended a "wear policy"meeting at CBP HQ, on September the 10th.  Attending the meeting was Tonia Brown Labor Relations Specialist out of the Chief LMR for CBP office, James A. Hynes Director Field Operations out of New Orleans, Keith Knight CBP HQ and a representative from Aggie.  NTEU (Customs) choose not to meet on the date we were there.
Basically the meeting followed a preprinted proposal (power point) presentation that had been prepared by the Agency.  It outlined the different classes of Uniform that will be required by CBP Officers to wear at different "work environments," what was not to be worn and the transition allowances for Legacy INS, Legacy Customs and Aggie.
The presentation also included uniform items that were to be deleted.  These included women's skirts, cargo shorts, class 3 Utility Trousers (jeans) and, the Cardigan sweaters, just to name a few.  Items to be added include enforcement T-shirts and New Version Ball caps.   
The uniform transition has a proposed implementation that has stages built in.  CBP Managers will start wearing the new uniforms 10/1/03 with Legacy INS starting 1/1/04, ending 3/30/04. The initial allowance for INS will be $1000. with a recurring allowance of $500.  One of the provisions that we objected to, (with regard to the initial allowance) was their proposal that, there is a MANDATORY requirement that Inspectors use their initial allowance to purchase a Class One (Legacy class A) uniform.  First of all this class of uniform is mostly ceremonial and will only be used for special occasions.  This is a waste of the allowance since this uniform will take up most or at least half of the allowance.
There are a number of different points that we disagreed with, the proposal is arbitrary, dictates how and wear certain uniforms were to be worn or not worn and, does not take into consideration practical uniform wear.  We wondered if the Legacy Customs people ever had worn a uniform.
We also took the opportunity presented, to advise CBP that our Union has a contract and that we expected that contract to be followed.  

I prepared a response to the Agency that is going via Certified Mail.  In it we point out those issues that we think needs to be bargained and made some demands re reinstating some outerwear and other items.  The response also included demands that Jim and I felt were necessary for their review and consideration.

Regarding Leather and Weapon, we were told that neither had a final proposal or plan.  The only information that they had was that the Agency would supply all weapons and gear at no charge to Inspectors.  We also requested that proper notice be given the Council at the time a proposal re the weapons was formulated.
I believe that we made a substantial statement regarding this Union.  We made it clear that we expected Management to honor Agreement, law, rule and regulation in any dealings with this Union and to act in a responsible lawful way with regard to the Men and Women that are represented by AFGE and this Council. Our thoughts going into the meeting were, what is best for our members, what is the best approach to get what is best and, show that this Union is unified.  I believe we succeeded.
In Solidarity, don't stop fighting.
Mel Stewart

Sept. 12, 2003 - Unions: Cross-Training May Dilute Inspectors’ Skills
Union leaders representing employees of the Homeland Security Department say a new plan to combine specialized federal inspector jobs at the nation’s ports of entry could dilute the expertise of federal inspectors. (more)

Sept 12, 2003 -  Based upon September assignments given by President Bridgette Rodriguez, Exec. VP Allen Shuler will be visiting Orlando International Airport (CBP) and Orlando BCIS on Monday, Sept. 15, 2003. 

Sept. 10, 2003 CBP Employees, please carefully note the following, which comes directly from the AFGE:

AFGE and NTEU: Under the Department of Homeland Security, many bargaining units are being shuffled. In some cases, this means AFGE members are now working side-by-side with NTEU members. We wish to stress that all existing bargaining units are still in place - NTEU does not represent AFGE members; AFGE does not represent NTEU members. There are absolutely no plans for this to happen; in fact, the leadership of both AFGE and NTEU have promised to work cooperatively to avoid any such fight. In a joint letter written in July, former AFGE President Harnage and NTEU President Colleen Kelley said that "neither AFGE nor NTEU intends to initiate any action to change the unit structure from what it is today...Our interest is in continuing to represent the employees we serve today...If we are forced into a position that would normally pit us against one another, we have agreed to explore innovative ways to make it work so that the membership of both our unions remains strong and active." (Full Text ofAFGE-NTEU Joint Letter of Understanding on Bargaining Units)

If anyone has questions about the relationship between AFGE and NTEU, the member should get in touch with his or her own union. AFGE members should contact Political Affairs Director Martin Dunleavy at (202) 639-6440 or mailto:%20dunlem@afge.org.

Sept. 10, 2003--  AFGE DHS "Pay" Survey

AFGE is conducting a survey of DHS employees on pay issues and will forward the results to the DHS personnel system design team. Make sure your concerns are addressed. Complete the survey today! Thanks! (Click on link below.)

http://afge.org/Index.cfm?Page=HomelandSecurity

 

Gov. Exec. Articles of Interest:  

House Rejects OMB's Job Competition Revisions (Passes Van Hollen Amendment!)

AFGE Press Release on House Passage of Van Hollen Amendment

Senate Passes Amendment Blocking Overtime Pay Change

House Passes 4.1 Percent Raise for 2004

Sept 9, 2003 - Some important excerpts from the AFGE website, DHSworkers.org: 

DHSworkers Logo

DHSworkers.org was created to provide substantive and relevant information to DHS workers about the new department--not Administration rhetoric.

URGENT: CBP Field Hearings This Week!
Get the current schedule for the combined 'One Face at the Border' field hearings. Please consult the CBP section of this website for more info, and have as many of your members as possible attend your local meeting (all times are local).

Customs and Border Protection
After the public announcement on September 4, we were invited to a briefing on the CBP position. We met with CBP Executives to hear more specifics around the announcement made about the creation of a new CBP Officer position and want to share with you what we learned. View the CBP Page for several pertinent documents.

AFGE and NTEU: Under the Department of Homeland Security, many bargaining units are being shuffled. In some cases, this means AFGE members are now working side-by-side with NTEU members. We wish to stress that all existing bargaining units are still in place - NTEU does not represent AFGE members; AFGE does not represent NTEU members. There are absolutely no plans for this to happen; in fact, the leadership of both AFGE and NTEU have promised to work cooperatively to avoid any such fight. In a joint letter written in July, former AFGE President Harnage and NTEU President Colleen Kelley said that "neither AFGE nor NTEU intends to initiate any action to change the unit structure from what it is today...Our interest is in continuing to represent the employees we serve today...If we are forced into a position that would normally pit us against one another, we have agreed to explore innovative ways to make it work so that the membership of both our unions remains strong and active." (Full Text ofAFGE-NTEU Joint Letter of Understanding on Bargaining Units)

If anyone has questions about the relationship between AFGE and NTEU, the member should get in touch with his or her own union. AFGE members should contact Political Affairs Director Martin Dunleavy at (202) 639-6440 or mailto:%20dunlem@afge.org.

Sept. 8, 2003 New: Customs and Border Protection
After the public announcement on September 4, AFGE was invited to a briefing on the CBP position. We met with CBP Executives to hear more specifics around the announcement made about the creation of a new CBP Officer position and want to share with you what we learned. View the CBP Page for several pertinent documents.

New DHS Flyer: Do You Know... (PDF)

Sept. 3, 2003 - MSNBC- Security Weakened at U.S. Entries?

Sept. 2, 2003    AFGE Issues Statement In Response To DHS Consolidation Announcement

Sept. 1, 2003 -   Immigration and customs agents to cross-train with Air Marshals (also mentions at end of article about plan to consolidate legacy INS, Customs and Ag into primary and secondary. 

August 29, 2003 - Inspectors!  If you are an Inspector who does not have handcuffs, or you were told you had to obtain and pay for your own handcuffs, please immediately contact union President Bridgette Rodriguez at her government email address OR at Local1458@aol.com  We are in contact with certain CBP officials on this disturbing issue.

August 29, 2003  Latest FLSA case update

                                       Bush limits pay raises for civilians 

August 27 2003 - OTP Inspectors layed off at one port due to alleged budget issues

                 http://www.detnews.com/2003/metro/0308/27/metro-255754.htm

August 22, 2003 - Some updates and "reminder" news on the DHS Personnel System teams

An Open Letter to AFGE Members about the Department of Homeland Security

Update on Development of DHS Personnel System 

Timeline to Develop the DHS Personnel System

August 20, 2003 - AFGE elects new National President

August 15, 2003 - HELP KEEP THE WORD "SECURITY" WITHIN THE DEPARTMENT OF HOMELAND SECURITY!  (The privatization of DHS is on the "move".  Is your job next?) http://afge1458.8m.com/IIOSenatorletter.html   (This link cannot be downloaded on government time or using government equipment or facilities, since it has to do with lobbying our Senators to take certain actions in relation to privatizing within the Department of Homeland Security.)  

August 2003 - DID YOU ATTEND FLETC OR OTHER AGENCY TRAINING FOR 6 DAYS PER WEEK?

Attached hereto, in .tif "image" format, please find OPM's final guidance on whether a 6 day training schedule is compensable under the FLSA.  Please note that where the 6th day was planned BEFORE the administrative workweek, it is compensable, since it was part of the regular workweek.   If you are just learning about this now, you have 22 workdays in which to present a first step grievance to your first-line supervisor under Article 47 of the master union Agreement and ask for all back-pay due you for attending the sixth day for the entire training course.  If you wish, you may ask for a Steward to represent you and others in this grievance.  EMPLOYEES MAY APPROACH THE LOCAL TO FILE A "CLASS" EMPLOYEE GRIEVANCE ON THIS IF THEY ARE AWARE OF OTHER EMPLOYEES AT THEIR DUTY STATION IN THE SAME SITUATION.  

July 28, 2003 - Gov Exec. Article on DHS GS System and DHS Design Team

IMPORTANT: Information relating to supporting or opposing legislation or lobbying should not be downloaded using government equipment, read during duty time or sent to others using government equipment.

July 23, 2003 - The GAO issued the below document which has a lot to say concerning pay issues (sounds like 6c) and direction of employee relations DHS.  You may wish to download and/or order a copy. (Courtesy of Tim Hoteling.) 

TESTIMONY

Federal Law Enforcement:
Selected Issues in Human Capital Management.
GAO-03-1034T, July 23
http://www.gao.gov/cgi-bin/getrpt?GAO-03-1034T

These and other recent GAO reports and testimonies may be found at http://www.gao.gov/docdblite/recent.php

Printed copies of any of these items are available from GAO's Document Distribution Center, 202-512-6000. Members of the press may request copies from the Office of Public Affairs, 202-512-4800.

Instructions for subscribing to this daily e-mail alert about GAO products can be found at  http://www.gao.gov/subtest/subscribe.html 

IMPORTANT: Information relating to supporting or opposing legislation or lobbying should not be downloaded using government equipment, read during duty time or sent to others using government equipment.

July 23, 2003 -- 6(c) testimony by President Gentile before a hearing of the U.S. Committee on Government Reform - Subcommittee on Criminal Justice, Drug Policy and Human Resources

A call to change the rules and pay for Federal Law Enforcement .

July 21, 2003 -  Union Grievance on Improper Issuance of OT Restriction Letters; Recent Management Actions "lifting" Those Letters:

As you probably aware, our Local filed a grievance in April 2003 on the early and improper issuance of Overtime Restriction letters to MIAP and other port Inspectors.  The grievance remain unanswered at the Step A and B levels, and we recently invoked arbitration. In addition, we filed an Information Request to obtain necessary information in support of our grievance, which remained unanswered.  Therefore, we filed an Unfair Labor Practice charge. We sent out email messages to Inspectors advising them of this and to contact us with evidence of "harm", since the agency was not answering our Information Request.  

On July 21, 2003, I received a call from the S. Florida Acting DFO that they would be "lifting" the previously issued Overtime Restriction letters. While we, and I am sure you, are pleased with these actions, they do not go far enough to be able to settle our grievance based upon the harm apparently done to MIAP Inspectors during the 3 1/2 month period.  We will be "proceeding on" with our grievance, but always look forward to resolving such with management.  We will keep you advised.

July 17, 2003 (Update)  -  As many of   you are aware, this Local received a written notification from the N. Florida DFO office on an alleged OT budget shortfall for N. Florida ports and port plans to reduce staffing and/or overtime .  In addition, we received verbal notifications from Mr. Lawrence and Ms. Cyr's assistant.  This week, we also received a verbal notification from Ms. Bywaters from PEV that she wishes to stop assigning personnel to the midnight shift.  (You may contact your stewards for continuing information.)  We have submitted Demands to Bargain about this very recently to CBP/N. Florida for Tampa, Sanford and Orlando.  Meanwhile, we will be contacting our AFGE and NINSC to determine our best course of action, and we have filed some Unfair Labor Practice Charges and grievances for Tampa, Orlando and Sanford. 

July 17, 2003 - DHS Timeline for Developing New Personnel System (AFGE Update in pdf format) Also, see July 3, 2003 note below on the Design Team and future plans.

July 15, 2003 -   See NINSC Web on several updates, including on DHS Review Team

                             Review NINSC's Update (home page)

July 14, 2003 -  Overhaul of USDOL Overtime Rules Continues. Will OPM follow suit?  (See July 2 story further down on this page.)

                             Bush Appointee Bonus' Top $ 1 MIL

July 3, 2003 - DESIGN TEAM  The DHS Design team, which will be responsible for presenting options for Department of Homeland Security's personnel system to the DHS Review Team, recently met in 8 offices throughout the U.S., ending its meetings at Los Angeles and Seattle this last week.  The team listened to the comments and concerns of rank and file employees, managers and employee unions, concluding a series of eight town hall meetings.

Each town hall meeting included a vibrant question-and-answer session. Six smaller focus groups gathered after each meeting for a more detailed understanding of the concerns and suggestions of employees and managers. Our AFGE Locals designated persons to go to the Town hall meetings and participate in the Focus Groups.  

When the DHS Design Team completes work in September 2003, it will deliver options to a senior Review Committee comprised of top leaders from OPM and DHS, as well as the presidents of the three national employee unions represented by DHS.

As AFGE personnel are on these teams, we expect to hear from them, in detail, over the next several months and to pass out newsletters, etc. .  We also expect that they will reach out via the mail and email to UNION MEMBERS ONLY in order to hear our comments and opinions on proposals, etc.  Never has it been more important to be a union member and participate. If you wish to BECOME A MEMBER, please click on this and follow the instructions!  


IMPORTANT: The information immediately below and links should not be downloaded using government equipment, read during duty time or sent to others using government equipment, because it suggests action to be taken in support or against legislation.

July 2, 2003

The fight to protect overtime pay is really heating up. The Bush administration's drive to take away overtime
pay from at least 8 million people will heat up soon, too. Their regulatory changes are being implemented without
a single public hearing. But during the last two weeks of the period for written public comments that ended on
June 30, people like you sent more than 70,000 letters to the U.S. Department of Labor expressing opposition
to these harmful changes. This is fantastic! Your activism helped propel this issue into the headlines. (Click here to get more information on our Legislation and News Local 1458 webpage.)

http://www.unionvoice.org/wfn/join.html  (Click here to sign up for UnionVoice news!)
***********************************************

July 1, 2003- 

To:  FederalDaily reader
From:  Editorial Staff, FederalDaily

RE:  Reader survey

As part of our ongoing effort to enhance our coverage of news affecting the careers of federal employees, we occasionally conduct reader surveys.

If you are a federal employee who is or will be working in the new Department of Homeland Security, we would like you to participate in our newest survey. 

The survey contains just eight questions, and it should take less than 3 minutes of your time to complete.    All responses to the survey are anonymous.

TO TAKE THE SURVEY, simply click on the link below. 

http://www.surveymonkey.com/s.asp?u=8056231131

Again, we appreciate your feedback and participation.

Sincerely,
The Editors
FederalDaily.com

JUNE 16, 2003 - PICTURES OF AFGE PRESIDENT HARNAGE AND NINSC PRESIDENT GENTILE AT LOCAL 1458 LUNCH AND LEARN, MEETINGS AND AWARD CEREMONY. CLICK ON THIS LINK.   (VIDEO WILL BE PLACED ON THIS SITE IN THE NEAR FUTURE.)

June 16, 2003 - New Bill for 6C status

June 6, 2003 Recent Union Grievances, MOU's, Awards... (NEW)

                          Letters to Editor/News Releases (Updated) 

June 5, 2003 - Important information on the NINSC website (click on words below).

6c Legislative Update

FLSA case update as of June 5, 2003

June 1, 2003 - FYI, some recent Local 1458 CBP Step B grievances and Demand to Bargain filed, some recent arbitration settlements and a recent letter to invoke arbitration.

Step B - OIA Parking (first Step B)   Step B - OIA Parking (second Step B)   Recent letter invoking arbitration on second grievance and asking that both be combined for arbitration purposes

Step B on SRI (first)                 Recent cc:mail on first SRI Step B                         Step B on SRI (second)

Step B on Inspectors and firearms issues

Step B on Overtime Restriction Letters

See a recent arbitration decision on a similar OT restriction grievance raised by a Houston Local

May 28, 2003 - You must read this from NINSC WR VP!  Don't sit back!      IMPORTANT: This information should not be downloaded using government equipment, read during duty time or sent to others using government equipment, because it suggests action to be taken in support or against legislation.

May 27, 2003 - FEDWeek - Homeland Security Issues

May 20, 2003 - 

May 13, 2003 - Homeland officials grilled on whether money is adequate 

May 7, 2003 - Interesting links and articles on SARS:

May 6, 2003 - CBP Asks for Larger Budget

May 1, 2003 - Local 1458 files grievance on new Inspectors (returning from passing FLETC) having to immediately re-qualify at Krome and not being allowed to carry their weapon while in Primary and Secondary inspections

April 29, 2003 -  HSD to have new entry-exit system (VISIT)

April 24, 2003 - AFGE FLSA Grievance Update

April 19, 2003 - SARS Information for the Workplace (including Airport workers) 

April 17, 2003 - AFGE NINSC FLSA Grievance Update

April 11, 2003 - Local 1458 files a second Step A grievance on management's 9A notice (and erroneous information within) being part of pattern of bad-faith bargaining relating to MIAP SRI shifts

April 8, 2003 - As a continuation of our comments from March 26, below, the Criminal Investigator jobs were re-announced.  This time withOUT the In-House training geared towards only Customs employees and this time FOR ICE and CBP employees.  See HOT JOBS link above.

April 5, 2003 - Membership meeting notice (for Orlando for April 17, 2003)

April 2, 2003 - From the Customs.gov site:...The Commissioner received a number of questions and comments on various issues: standardization of weapons, uniforms, and titles, unification of the CBP workforce through cross training and basic training initiatives. He stated that CBP would offer employees the option to maintain their expertise and specialty areas or proceed to other disciplines and management.  In response to questions about pay systems and benefits, the Commissioner stated that many of the Human Resource issues are currently under study at the Department level. He cited our many successes to date, and noted the need to continue our technological developments to enhance CBP enforcement efforts.

April 1, 2003 - Local 1458 sends e-mail to CBP Directors and calls H&S officers to request SOP's be set up at all ports re: SARS.  For the latest on SARS, go to the CDC website, and check out main page: http://www.cdc.gov/ncidod/sars/  .  Please note there are other links on this page for INS airport workers, etc.

April 1, 2003 - Local 1458 DHS News Bulletin #3 (a "must" read)

DHS begins pay and personnel overhaul 

March 29-April 1, 2003 - Information on SARS

*CDC: SARS spreads more easily 
*SARS scare forces quarantine of jet in California 
*US Plane Quarantined Over Mystery Illness 

March 26, 2003 - BCBP Criminal Investigator vacancy announcements (Customs) cause concern to Local 1458 and those we represent.  President of Local 1458 writes to Customs BCBP HQ (person who issued vacancy announcements in Florida) and Florida BCBP Directors of her concern as to  slant on In-House training provision which appeared to be only geared for Customs employees only and appeared to be an unfair advantage and a Prohibited Personnel Practice. Update: March 28, 2003. The  Local President was informed today that vacancy announcements were purportedly canceled and will be re-announced with "some changes".  

March 26, 2003 - Agencies plan in case of threat level Red

March 24, 2003 - President signs order on retroactive 4.1% pay increase

March 21, 2003 - Retroactive civil service pay raise still in limbo status

Deal Cut to Avoid Benefits Cuts

March 17, 2003 -  Local 1458 DHS Bulletin #2

March 16, 2003 - Border Protestors Offer Different Views of Immigration (Undersecretary Hutchinson and others visit Arizona)

March 16, 2003 -  WHO warns of Pneumonia-Like Illness

March 13, 2003 - Senate Panel Faults Border Security (Washington Times)

March 10, 2003 - OIG Report on Primary Inspections, training, etc.

March 10, 2003 - It appears that the end of the 6 day training work week is very near.  There is some important information that is currently being worked out in Washington about the means and methods of getting people paid for days they worked at Glynco.  The INS Council President, Iggie Gentile, has received documents from the agency with indicates that the agency wants to do right by the employees

March 6, 2003 - Local 1458 DHS Bulletin#1    (Hit  "CANCEL" when Enter Network Password box appears in 20 seconds.) 

March 5, 2003 -   FLSA Info from NINSC (Click and wait one minute for file to appear)

March 4, 2003 - S. Florida Interim Port Directors 

     Mr. Jeff Baldwin, Miami Airport Interim Port Director

     Mr. Joe Ramirez, Miami Seaport Interim Port Director

     Ms. Ruby Hogan, Port Everglades Interim Port Director

     Ms. Leila Kataja, Key West Interim Port Director

     Mr. Randy Brungot, West Palm Beach Interim Port Director


March 4, 2003 -  Homeland Security Transition   

DHS to Hire More BP Agents and Inspectors

Along Borders, Tension and Uncertainty Prevail

March 2, 2003 - Travelers Face Radiation Checks at Ports of Entry

FEB. 28, 2003 - U.S. Customs Announcement on Interim Directors of Field Operations and Interim Port Directors, etc. (only Interim Directors of Field Operations named within)

FEB. 27, 2003 - GOV EXEC: