Local 1458

786-419-4876 ; Local1458@aol.com


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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.

Bridgette Rodriguez, Local 1458 President

 


Ongoing - LOCAL 1458 UNION MEMBERS - All Local 1458 Union Members are requested to immediately notify Local 1458 of their current mailing address, so  the Local can mail them important notices and future nomination/election notices.  Members must mail or fax a letter containing their current mailing address to:  Local 1458, c/o B. Rodriguez, 12630 NW 22 Court, Miami, FL 33167, or FAX their letter (under signature) to Local 1458 at (786)419-4877.  Thank you!

Ongoing - The AFGE Legal Rights Attorney Program

AFGE attorneys and arbitration reimbursement are available to Locals and Councils!  For specific information, please go to: http://www.afge.org/Index.cfm?Page=Representation


Member/Delegate Nomination Meeting Notice for AFGE District 5 Caucus Posted 2/7/08

Important AFGE Week in Review News on Union Victories Re: HCOP/MaxHR, A-76 , FPS, etc. (Dec. 24, 2007)

Notice of election of delegates to the 2008 National CIS Council 119 Annual Business Meeting (Dec 15, 2007)

Member/Delegate Nomination Meeting Notice Posted11/28/07

Recently, based on the Miami DD's statements in a Natz town hall in October and supervisory statements to their employees, a PWP Rating controversy has arisen at the Miami-Caribbean District.  Local 1458 President provided the below email to some interested employees:

To: Miami-Caribbean Bargaining Unit employees 

Please see that which is cut and pasted at the very bottom of this email message. 

This came from a case of a whistleblower supervisor who reported to the Office of Special Counsel (in part) that he was told to use a quota system to rate his employees by upper management .  Since this has clear application based on DD Swacina's statements during the Oct Natz town hall meeting and based on supervisory statements made within the last month at Miami, I thought I would show you that the use of a quota system or bell curve for ratings is against law and regulation...

Impacted employees MUST/MUST raise their own grievance with their first-line supervisor within 22 workdays of receiving their final FY 07 performance ratings of record "for violations of the Civil Service Reform Act, 5 USC 4302, 5 CFR 430, 5 USC 2301 and 2302, Articles 11 and 22 of CBA 2000, the agency administrative manual and policy" in order to challenge their own individual ratings of record. (I strongly suggest you consult me ASAP and allow the Local union to represent you in this matter.)

FYI, yesterday, I filed a Local union institutional grievance.  See the attached document. If you can't open it, please reply back to me.  

Please pass this representational information of great relevance and value on to other Miami-Caribbean District employees who may have a need-to-know.  (Thanks.)

In Service --

Bridgette Rodriguez, Local 1458 President   (786-419-4876/786-308-1739)

                                                                                                             Victor A. Luna v. Department of the Air Force

U.S. Merit Systems Protection Board, Dallas Field Office
DA-1221-00-0318-B-1
November 21, 2001

...During the prehearing conference, the appellant was asked to specify the protected disclosures he made to the OSC. I identified those three disclosures in the January 8, 2001 Memorandum of Telephone Conference. They are as follows:

1. Kelly AFB officials committed prohibited personnel practices by altering/falsifying performance appraisals and other government records.

2. First-level supervisors at Kelly AFB were "forced" to use quotas in rendering their subordinate employees' performance evaluations.

3. Kelly AFB management improperly directed him to alter his subordinate employees' performance evaluations, and to falsify government records regarding work productivity.

Remand File, Tab 8 ("Issues"). The appellant did not object to the identification of these issues.

At the hearing, the appellant testified that the "forced distribution" of performance ratings through the use of a <quota > system violated 5 C.F.R. 430.208(a). HT 6, Sides A & B (Feb. 12, 2001). In addition, Refugia "Ruth" Hernandez, a Personnel Management/Staffing Specialist at Kelly AFB, testified that using a <quota > system, or a "bell curve," is an improper method to rate employee performance. She also related that the use of a <quota > system would contravene 5 C.F.R. 430.208(a). HT 4, Side B; HT 5, Side A (Feb. 6, 2001).

Under the applicable regulation, a <rating of record > "shall be based only on the evaluation of actual job performance for the designated appraisal period." 5 C.F.R. 430.208(a)(1) (2001). That regulation also cautions that appraisals cannot be derived or assigned by "a forced distribution of summary levels"9 that rate performance. 5 C.F.R. 430.208(c) (2001).

Based on the above, I find that the appellant has shown, by preponderant evidence, that he had a reasonable belief that his disclosures as to: the alleged use of <quota systems by the agency; management's purported requirement that he use that method to evaluate his subordinate employees' performance; and management's alleged utilization of that method when assessing his own performance, either constituted an abuse of authority, or evidenced a violation of law, rule, or regulation. Thus, I find that he is a "whistleblower."...

Nov. 1, 2007 - Update on Pending Local 1458 Institutional CIS Grievances and Pending Negotiability Appeals

(1)  Local 1458 Grievance on Failure to Notify/Bargain in Good Faith and  a relating negotiability appeal re: employee parking at the new Florida facilities and fitness rooms at the new Florida Facilities.  After our grievance was filed, the agency moved to bargain without providing notice of the agency's proposed changes ever being issued.  Based on bargaining, agency claimed it did not have to negotiate over the change to turn over employee parking from agency-controlled to lessor-controlled, and did not have to bargain over providing fitness rooms at the new CIS offices (to be used on non-duty time).  The agency filed its initial response to our Negotiability Appeal, and the Local union responded to the agency's response, which included our previous negotiability appeal Statement.  The agency gets one last response before the FLRA reviews all and makes its decision.

(2)  Local 1458 Miami I-485 Schedule Increase (Jan 2007) Grievance - Invoked arbitration. Awaiting pending agency decision on national rollout of a national PWP, which could affect the decision whether to proceed to hearing.  In addition, Miami decreased its daily I-485 interviews and will purportedly decrease such by 40% for December.

(3)  Local 1458 Miami District Grievance Re: Foreign Language Impact on Officers. Invoked arbitration. Will determine impact on officers after 2007 PWP Rating given and will reach out again to officers who were adversely impacted and will be witnesses.

(4)  Local 1458 Grievance on Negotiability on New Union Offices in Florida CIS.  Recently invoked arbitration. (Also, new CBA bargaining may impact prior to moving to hearing.)

(5)  Local 1458 Miami District Grievance on Failure to Bargain over apparent new policy applied related to spouses working in the same office.  The grievance is at the first step/Step A level.

(6) Local 1458 Miami District Grievance on Failure of Miami Management to Timely Announce Administrative Leave Given By Regional Director. Just filed first step/Step A grievance.

Oct. 30, 2007 - Local 1458 President Rodriguez recently provided two-day Stewards training to new(er) CIS and ICE stewards in two separate training sessions held in October.

Oct. 22, 2007 - Bilingual Pay - AFGE Pushes for 5% Pay Increase (From C119 Website)

Oct. 22, 2007 - USCIS and National CIS Council 119 Are Bargaining a New Master Collective Bargaining Agreement - Read About Our C119 Bargaining Team!  (From C119 Website)

July 4, 2007 - Latest on Local 1458 Grievances on Future Move to New CIS Offices

The Local now has at least 3 separate grievances - one we invoked arbitration on recently, relating to the DD's failure to issue written 9A notices to the Local proposing changes to working conditions for bargaining unit employees in Miami-Dade, Broward county, Orlando, WPB and Tampa based on future moves to new offices in those areas, as well as failure to bargain in good faith and failure to complete bargaining prior to seeking properties and securing leasing arrangements which will cause changes to working conditions.  I have requested that AFGE General Counsel's office review our first grievance, which we invoked arbitration on recently, and also review some of the other paperwork and grievances (two others) that are in process. I will keep you aware of the progress of all grievances and all decisions at arbitration, as they occur.

July 2, 2007 - AFGE Expanded Local 1458's Representational Responsibilities.  AFGE expanded Local 1458's representational responsibilities, to include representing bargaining unit employees (ICE and CIS) previously represented by Locals 3123 and 2698.  Therefore, AFGE Local 1458 represents all ICE DRO bargaining unit employees within the Atlanta Field Office and Miami Field Office, all ICE OPLA non-attorney bargaining unit employees in Georgia and Florida, and all CIS bargaining unit employees within Districts 8, 9 and 10 (Georgia/Carolinas/Florida/Puerto Rico/USVI).  Welcome, all! 

June 15, 2007 - Exposed to fumes, chemicals and/or pesticides at work?  See Excerpts of Local 1458 email to Miami CIS employees, below.

To All 7880 Bargaining Unit Employees -
 
Worker's Comp (OWCP) rules and case law provide that if conditions at work cause you illness, injury and/or a medical condition (temporary or permanent), you may file appropriate worker's comp forms to "document" the exposure to the unsafe and/or unhealthy conditions and/or make a worker's comp "claim".   (The forms are CA-1 and CA-2 , depending upon the circumstances.)
 
Further, if you become ill due to exposure of unhealthy or unsafe conditions at work of ONE DAY OR LESS DURATION -- such as (example) exposure to fumes for one workday or less -- which caused you to become ill within that same workday, then that is defined as a Traumatic Injury, entitles you to file a CA-1 form, and if you are too sick to work and need medical attention, further entitles you to request a CA-16 for medical authorization to see a doctor and have that doctor certify whether your exposure to unhealthy or unsafe conditions at work caused your illness.
 
In addition, if this is an apparent Traumatic Injury (CA-1) and you need to be off work and/or seek medical attention, you are entitled to Administrative leave if you must leave work ill on the same day as the exposure, and you are entitled up to 45 days of Continuation of Pay for every day or part of a day thereafter that you must miss out on work, providing you also ask for form CA-16 (medical authorization) and/or thereafter provide medical evidence that your illness/medical condition was caused by exposure to the unsafe and/or unhealthy conditions at work of one workday (8 hours) or less duration.
 
IF YOU HAVE SOUGHT OWCP ADVICE FROM THE AGENCY AND HAVE NOT RECEIVED A PAMPHLET PROVIDING THAT WRITTEN ADVICE
 
OR
 
YOU WERE TOLD YOU THE AGENCY WOULD NOT PROVIDE YOU WITH A WORKERS COMP FORM AND/OR THE AGENCY TOLD YOU YOU COULD NOT FILE A WORKER'S COMP FORM.
 
OR
 
YOU WERE TOLD BY AGENCY OFFICIALS THAT YOU HAVE TO TAKE YOUR OWN LEAVE WHEN YOU ARE CLAIMING THAT EXPOSURE TO FUMES AND/OR OTHER UNSAFE OR UNHEALTHY WORKING CONDITION OF ONE WORKDAY OR LESS DURATION CAUSED YOU TO BECOME ILL, YOUR RIGHTS ARE APPARENTLY BEING VIOLATED .  (MORE SO, AGENCY OFFICIALS WHO ARE APPROACHED BY AN EXPOSED EMPLOYEE AND WHO REFUSE TO PROVIDE OWCP ADVICE, REFUSE TO PROVIDE THE OWCP PAMPHLET WHEN REQUESTED, AND/OR REFUSE TO PROVIDE WORKER'S COMP FORMS ARE IN VIOLATION OF OWCP REGULATIONS/RULES AND THEREFORE IN VIOLATION OF THE DHS/CIS STANDARDS OF CONDUCT. )
 

June 3, 2007 and ongoing until August -   CIS Council 119 DAO Letter/Petition 

Due to the concerns expressed by DAO's as to the need for agency Time and Motion studies, etc., C119 is sponsoring a confidential, password protected online letter/petition for DAO's. To view this letter/petition and to sign onto it, you must send an email message to Bridgette Rodriguez providing your name, your DHS job title and duty station, and note that you wish to see the DAO letter/petition.

Many DAO's are complaining to one another; however, nothing in the history of the world has changed based on just "talk" -- it changes based on good people coming together and acting.  So, if you are a DAO, please act on this, share it with your fellow DAO's, and please help bring about positive change! 

Thanks!

June 1, 2007 -   CIS Council 119 Responds to Donald Neufeld on Agency Draft DAO PWP Job Element Standards.  

C119 POC, Bridgette Rodriguez, responded to Mr. Neufeld on June 1, 2007 as to the agency's draft DAO PWP JES.  This response (which has voluminous attachments) is password protected.  If you would like to view it, you must send an email message to Bridgette providing your name, your DHS job title and and duty station, and request to see the C119 response to Mr. Neufeld therein.

May 29, 2007 - Request for CIS Volunteers!  >more

May 8, 2007   - Agency Draft of Job Element Standards for (D)AO National Performance Work Plan (PWP).   For Review and Comment by Locals and Bargaining Unit DAO's.  (Deadline: May 18, 2007.)

CIS has provided the National CIS Council 119 with a "first draft" of Job Element Standards which may be included in a future national Performance Work Plan for (District) Adjudications Officers.

Our Council has set up a password-protected web page which provides the draft DAO PWP Job Element Standards and related information.  If you have received a personal e-mail invitation, by name, from Council Secretary-Treasurer/VP Bridgette Rodriguez to review the draft DAO PWP job element standards and provide the union with your comments, concerns and/or suggestions, please click on "THE PASSWORD- PROTECTED DAO PWP PAGE".  You will be taken to the DAO PWP page.

If you are a DAO who has not received a personal e-mail invitation at your government email address from C119, Bridgette Rodriguez,  but you would still like to review the draft PWP job element standards and provide your comments, you must sign up at our C119 list server, and we will contact you, thereafter, at your private e-mail address. 

(FYI:  Local Presidents were previously and separately provided the draft DAO PWP job element information.)

For those who take the time to provide your comments, concerns, and/or suggestions, we sincerely thank you for doing so!

Bridgette Rodriguez       Council S-T

May 11, 2007 -  CIS C119 Fair Practices Coordinator's Statement to Local Presidents

May 10, 2007 -  AFGE CIS Council, Local Presidents on "Inside Government"

Listen to Inside Government  download mp3

This Week on Inside Government - May 11th, 2007
Bryan Lowry
Phil Glover
Michael Knowles (CIS C119 President)
David Wright

download mp3

April 18, 2007 -  AFGE C119 Letter to Senator Obama

April 17, 2007AFGE:  USCIS Director, AFGE National President Sign Memorandum of Agreement   More >

April 16, 2007 - GovExec Articles of Interest
 

April 13, 2007 - Today, Friday, April 13, 2007 USCIS Communications distributed a USCIS Update entitled, “USCIS Director, AFGE National President Sign Memorandum of Agreement.”  The update begins:  “USCIS Director Emilio Gonzalez and John Gage, national president of the American Federation of Government Employees, AFL-CIO (AFGE), signed a joint agreement today to advance the close working relationship between labor and management at USCIS.”  (Links lead to PDF/Adobe files.)

April 12, 2007 - AFGE to Sign Historic Working Agreement with USCIS   More>March 29, 2007 - Legacy INS FLSA Update  More >

March 28 2007 -  HOMELAND SECURITY UNION APPLAUDS VOTE REPEALING MAX-HR    More>

March 23, 2007 - DHS Personnel System (New DHS letters issued to AFGE and AFGE's responses)

03/09/07 AFGE Admonishes DHS For Decision to Implement Personnel System...

03/03/07 - New ICE Council and CIS Council officers elected 02/24/07.  A new CIS council web site can be found at: www.ncisc119.net  .  A new ICE Council website will be set up at:  www.iceunion.org

2/1/07 - Alternative Work Schedule pilot programs will be ongoing in CIS - Miami Citz, Miami 7880, Miami CSC and WPB. (Tampa and Jacksonville have established AWS.)  Orlando is the one office not on an AWS/AWS pilot.

1/31/07 NEW - Local 1458's own BLOG was set up for employees and members to share information and constructive comments. (Run by Bridgette Rodriguez, Local 1458 President)

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.

 

From our www.ncisc119.org national union council website:

 

Council 119 First Annual Meeting &

Constitutional Elections

February 23 & 24, 2006  Washington Hyatt Regency on Capitol Hill

The AFGE General Council is overseeing the first election of officers for Council 119. As a newly created council, special procedures are being implemented to stand-up an elected slate of council officers to represent the bargaining unit.

There's Still Time!

Although the first deadline to submit credentials has come-and-gone. Chuck Hobbie, the AFGE election supervisor, has extended the time for locals to elect delegates and submit valid credentials. If you have any questions, your local should contact Chuck directly. Call the AFGE General Counsel's Offices at (202) 639-6415. 

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Bargaining On National Facilities Model

175 Facilities Affected Nationwide!

During the week of February 5 - 9, 2006, the National CIS Council will be meeting with USCIS management over working conditions related to the proposed National Facilities Model

URGENT:  District & Field Office Bargaining Team Members Needed!

Management will be using eight members on their team. In accordance with Article 9B(1)(f) & (g) of the Collective Bargaining Agreement, the union may have an equal number of members where expenses are paid by the agency. Also, the union may have two additional team members, if desired, where the expenses are paid by the union. All bargaining team members "... will be accorded official time for all time spent in bargaining, including necessary travel time and impasse proceedings... "

To volunteer, send a statement on your current position and experience to volunteer@ncisc119.org.  Please include your local number.

National Performance Work Plans

Two Different Performance Plans Take Two Drastically Different Paths!

District Adjudication Officer Center Adjudications Officer
A draft of the proposed National DAO PWP was provided to the council on December 8, 2006.

More information is available under the Bargaining link in the secure area of this website.

The draft Center Adjudications Officer PWP was received by the council on January 3rd, 2007.

More information is available under the Bargaining link in the secure area of this website.

 

Legislative and Grassroots Mobilization Conference

February 25 & 28, 2006  Washington Hyatt Regency on Capitol Hill

This conference will focus on issues and strategies vitally important to the future of AFGE and all federal and D.C. government workers.


"It’s Our Turn" in 2007! And we will get the job done - as long as we don’t give in or give up.

 

 

Event Information on AFGE.ORG

 

1/12/07 AWS for Florida CIS District 10 and 9 - The DD served a 9A notice upon the Local to set up an AWS for the entire Miami District (then, all of Florida). Initially, it was offered as a pilot AWS for every office in Florida CIS. The Local submitted its DTB and entered into consultations with management for volunteers for AWS in all offices in Florida. However, at the last minute, the DD changed her mind and would not sign off on that pilot AWS Memorandum of Agreement.  She only wanted the pilot AWS for the 7880 Bldg. (Miami) employees, to start.  After the 7880 AWS MOU, management changed its I-485 appointment schedules without notifying the Local union, which caused complaints and some 7880 employees to want to back out from volunteering for an AWS, and some meetings were held.  The Local also noted complaints from employees whose offices were not included in the pilot AWS.  A new agency 9A notice was provided on 1/10/07 for the AWS pilot to be expanded to the Miami CSC and Miami Natz, and the Local is awaiting information on any and all changes to appointments to be made at the CSC and Natz due to the proffered AWS.  We understand Natz has already filled its appointment schedule and hearings for Jan and Feb and may not be able to immediately enter into an AWS. Further information will be forthcoming as soon as it becomes available.

1/10/07 - Step A Grievance/DTB and Info Request filed due to I-485 appointment changes and scheduling time changes at Miami 7880, without notice to Local 1458.

1/10/07 - Local 1458 President's notice to S&H Officer/Committee of some magnometers in disrepair. Request for walk-through inspections.

1/2/07 - National CIS Council involved in pre-decisional involvement and given draft of national PWP by CIS for Field offices and Service Centers.

12/18/06 - Local 1458 submits numerous Demands to Bargain and Information Requests for the proposed new facilities in Florida CIS, which land/leasing arrangements are being secured in FY 2007 and 2008. 

          DTB Broward and Dade Facilities    DTB Tampa     DTB Orlando    DTB WPB

FYI, the national basic CIS office models the agency provided to our national union and related information can be found at:  New Facility Model Slides

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

Special Call Meeting (12/5/06)

12/4/06 - AWS Negotiations/Consultations continuing for Miami District CIS (more to follow)

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)

AFGE Questions DHS Intent to Implement Personnel Changes on Bargaining Unit Employees

The American Federation of Government Employees is questioning DHS intentions following the agency's latest  Directive (MD) on Performance Management.   It's the first directive from the agency following the affirmance of Judge Collyer's injunction to halt implementation of a new personnel system for DHS.   In a letter dated September 27, 2006, the agency invited AFGE to respond with written comments to the MD within 30 days.  In the October 27th  letter accompanying AFGE's response, Field Services Director Joe Henderson stressed that the agency and AFGE are bound by the court injunction.  "Whatever comments, discussions, briefings, or other interactions we may have prior to your notification to us of your intention to implement any part of MAXHR in our bargaining units in no way compromises or waives our right to bargain to the full extent of the law before such implementation would be lawful," Henderson said.

Henderson also pressed the agency on specifics saying that earlier this year DHS Chief Human Capital Officer Gregg Prillaman said that the "final" management directive had been issued for managers, supervisors, and most non-bargaining unit employees and that the agency would contact AFGE when and if the agency had plans to implement the directive for bargaining employees.

In his letter to DHS, Henderson said so far AFGE had not been contacted about the agency's plans and that no discussions have taken place. Henderson added that the revised directive doesn't contain any information on when and if the new performance program will apply to bargaining unit members.  For more information about the directive please go to http://www.afge.org/Index.cfm?page=DHSRegulations.

Grievance Filed About Writing Jobs for CIS Workers

Last week, after a day-long hearing, an arbitrator said she would decide by December 30, 2006 whether to arbitrate a grievance AFGE made regarding hiring practices on behalf of Citizen and Immigration Service Employees (CIS).  The grievance, filed by AFGE Council 119 , concerns a public job announcement the agency made last year for an adjudication officer.  The union maintains the entire process was unfair including the self certification and the written sample test.  For instance the bargaining unit employees who passed the certification for the job should have been selected for the next step in the process which was a writing test.  However, it's AFGE's view that management handpicked some lesser qualified candidates to go to the second step over more qualified candidates.  Further, the union contends that neither the self certification nor the written sample test were fair.   If AFGE prevails an arbitration would be held January 23 or 24th.

 

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

New. Look out for new Adjudications Officer job announcements on USAJobs. 10-23-06

*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 >

Local 1458 August and September 2006 Newsletters

IIO's/CR's can start the second-half of their uniform order for 2006, as of 9/19.  Please let Local1458 know if you are not allowed to order footwear.  Thanks.

 

 

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.)

 

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

       

8/10/2006 - 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

Special Edition Local 1458 "In the Know" Newsletter (Aug 5) Night Differential and Temporary Duty Station/Detail/Travel Regs

STATUS OF ICE AWS/AUO GRIEVANCES (7/31/06): Back in mid-2004, two Local 1458 grievances were raised by President Bridgette Rodriguez, covering ICE DRO in Florida.  After the agency failed to provide the requested information, our Local filed a ULP charge, which resulted in a Complaint being issued in early 2005.  Meanwhile, surveys were mailed to all unit IEA's/DO's and based upon their responses, necessary documents were obtained covering 2003 and 2004.  The grievances were turned over to then Local VP at Large (and now Local 1458  Executive VP, Cynthia Kohlmeier-Parker, to handle.  I understand she is attempting to come up with "harm" figures for each person who responded to our survey, based on the information provided, and is speaking with the agency on the matter. If not settled soon, then she will proceed to set a date for arbitration.

Local 1458 "In the Know (CIS/ICE)" June Newsletter  (Note: Click on blue link and then "SAVE" Word file and open up, after saving

Local 1458 "In the Know (CIS)" June Newsletter  (Note: Click on blue link and then "SAVE" Word file and open up, after saving.)

Council Fair Practices Newsletters (7/31/06): 

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 31, 2006.   Important: (CIS) DAO Writing Test

Local Leaders,
 
The national council invoked arbitration on the written assessment test.  The  hearing is scheduled to begin on Aug. 30th and we need to get all of our claimants identified. 
 
We know that a large number of employees applied to be promoted and terms applied to obtain permanent slots in CIS.  We absolutely believe the test is flawed beyond repair.  We know that the process is flawed and needs extensive repair.
 
People who scored higher than others were not given the opportunity to take the written test (bad as it is) so they were harmed.  Employees,  who have been doing adjudications work (including writing) for many years and have been rated fully successful or above, were told they didn't pass the exam.  Some of these employees have law degrees or other degrees in which they proved their ability to write previously.  People self qualified themselves only to be later found deficient.
 
We NEED these folks to contact us at webmaster@nhsc117.org so we can set them up in a registry.  We need a way to contact them so we can find out if they were harmed and we are looking for witnesses to testify.
 
CIS hosted 4 people to come into DC to try to negotiate a writing test.  They would not move off their position that their test is valid and reliable but couldn't explain why so many current employees (80 plus working as DAO/CAO) failed the test.  They admitted their were problems with the hiring process and people were skipped over for consideration and some people without the qualifications were hired.
 
We NEED your help.  Tell us your sorry by sending emails to webmaster@nhsc117.org and remember to provide your contact information.
 
Thanks,
 
Jim Bonnette Sr.
Eastern Region VP
National Homeland Security Council
856 435 2482
856 942 4078 fax

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

Local 1458 "In the Know (CIS)" June Newsletter (Note: Click on blue link and then "SAVE" Word file and open up, after saving.)

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 

 

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 and DAO

April 2006


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

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

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

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

CIS Corner:  Local submits Demands to Bargain over some personnel moves from CIS Mia Citz to 7880  and ZMI changes in interview schedules. Potential grievance on CIS Orlando Natz DAO move of computers/wear of business attire during move resolved.  Representation on EEO matters.   National MOU on CIS EAP recently completed, which is settlement of ULP charge against CIS for unilateral change in CIS EAP program.    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

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

CIS EAP Policy -- An unfair labor practice charge was filed by the national union Council against CIS for failing to bargain over the more-than-de minimis changes to the CIS EAP program.  As of late January 2006, the Council and agency entered into an agreement to withdraw the ULP and to begin said bargaining.  Suffice to say our Council does not agree to phone-only EAP assessments and assistance, and we will be vigorously fighting to get many of the old EAP policies and procedures restored. (1/27/06)

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

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 employee Juan Moreno working together to prepare for an arbitration case in October 2005.

Pictures of retirement awards and Thank You awards.

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 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

 

 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)

 

Sept 2005 Newsletter       

Bonus Bucks 2005  AFGE Members, watch your mailboxes for everything you will need to make our union grow and to earn money for holiday gifts. [more] 9-26-2005

                      

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

 

AFGE Local 1458 Remembers...

(Click on the pictures above 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

 

 
9/9  AFGE To Oppose DHS Motion To Limit Scope Of Judge's Order

  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

  DRAFT DHS performance standards draft (sept 2)

  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

FLSA Update report of teleconference today (aug. 26)

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

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

LOCAL STEP A GRIEVANCE FILED ON SAFETY AND HEALTH MATTERS AT CIS INFORMATION SERVICES, AMERICAN LEGION POST.  ALSO, FORMAL COMPLAINT FILED WITH OSHA AND GSA.  (AUG 5)

ASYLUM OFFICER LAWRENCE CLANCY NAMED AS NEW STEWARD FOR LOCAL.  (JULY 2005)

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   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 , Council 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

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

 
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
 

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 117

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)

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) .  

Local Update 03/24/05 :  IIO's: Please advise Bridgette Rodriguez/ Local1458@aol.com IF you have not received uniform allowances for this year and last year or your are having any uniform issues. 

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

Jan. 27, 2005 - Important Message and Information on the New DHS HR Final 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

 

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

Fed Workers Get Time Off for Travel

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

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 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 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.

Council Draft Letter Re: ULP/Demand to Bargain on CIS/COOP (Word     11/18/04)  (Kevin Tinker is the lead officer on this.  Request from Local.)

Council Draft Demand to Bargain on CIS FOIA Transfer (Word   11/3/04)  (Kevin Tinker is the lead officer on this.)

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 by the EB by the presentation of an eagle award at a recent Local union meeting.

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

Homeland Security cancels immigration officer job contest
Oct 14, 2004

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

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)

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

LETTER 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 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 Florid 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

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.)

IMPORTANT: All lobbying on pending legislation must be done on employees' own time and without using appropriated funds. Employees should download this information only on a home or union computer and are encouraged to sign up for Action News on a private email account.

Act Now! Contact your Representative!  DISREGARD, VOTE HELD JUNE 18 -- SEE ABOVE.
Please urge your House lawmaker to support any amendments to the Homeland Security Appropriations Bill that would stop the privatization of some inherently governmental work in the Department of Homeland Security. Specifically, such amendments would guarantee that work related to the investigation and adjudication of applications for citizenship would continue to be performed by reliable and experienced federal employees.

http://capwiz.com/afge/utr/1/LDUXDLSAHZ/FHJQDLSAMK/

Questions? Please contact John Threlkeld at 202-639-6413 or threlj@afge.org.

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".

AILA Letter:

AMERICAN IMMIGRATION LAWYERS ASSOCIATION
>
>June 16, 2004
>
>Dear Representatives:
>
> The American Immigration Lawyers Association urges you to support an > amendment that Representative Lucille Roybal-Allard will introduce to H.R. 4567, the FY05 Department of Homeland Security Appropriations Act. This narrowly crafted amendment would prevent the ill-conceived contracting out of positions that are inherently governmental at the Bureau of Citizenship and Immigration Services (CIS) of the Department of Homeland Security (DHS).  Specifically, the amendment would prohibit the use of appropriated funds to process or approve a competitive sourcing action under OMB Circular A-76 for a function provided as of January 1, 2004 by employees who are Immigration Information Officers (IIOs), Contact Representatives, or Investigative Assistants.
>
> Contracting out these functions is an idea whose time has not come.  The attached letter from a broad range of groups that strongly oppose contracting out the IIO function underscores the serious issues of sufficiency of knowledge, accountability and efficiency raised by outsourcing these functions.  We urge you to oppose such contracting ut because:
>
> *    These functions are inherently governmental: The workload of Immigration Information Officers (IIOs), Contact >Representatives, or > Investigative Assistants are  inherently governmental and therefore must  be performed by federal >employees;
>
> *    Immigration is very complicated and inadequate knowledge can led to dire consequences: Immigration law is very complicated and > contractors do not have the requisite knowledge and training.  Such knowledge cannot be taught through lists and scripts.  And the consequences can be severe if inaccurate or incomplete information is given. 
>
> *    Past experiences with contracting out have been problematic.  Contracting out the 1-800 number system has resulted in problems that > have ranged from the frustrating to truly damaging.
>
> *    Contracting out these functions raises security concerns:   Immigration officers review applications, conduct criminal >background checks, and search for fraud.  They are on the front line to make sure we are safe.  As such, these positions must be >filled by federal employees who are clearly accountable to the agency within which they  work. 
>
> *    Contracting out will damage backlog reduction efforts:  In many  immigration offices, IIOs also perform basic adjudications functions,
> freeing adjudicators to handle more complex cases while giving the IIOs background in how the functions are performed.  Contractors
> cannot perform adjudications.  Thus, this important supplement to the adjudications workforce would be lost, further hampering backlog
> reduction efforts.
>
> *    Contracting out has led to neither efficiencies nor cost savings:  The only way contracting out could produce cost savings is
> if the agency could thereby provide less service. In fact, past and current contracting out has lead to increases in inefficiencies >and > increased costs that have required the Service Centers to allocate personnel to deal with contractors' errors and, in many >instances, > redo the contractors' work.   Supervisors often have had to spend more time monitoring contracted employees, >"shadowing" them to try      > and  make sure they do not make errors.  And when they do make errors, these errors ripple >through the entire system, often forcing           > additional, unnecessary work and often negative consequences for individuals >who should be able to expect some adequate level of service. 
>
> We strongly urge you to support the Roybal-Allard amendment.  Please contact Judith Golub at 202-216-2403 with any questions.  Thank you.
>
> Sincerely,
>
>
> Jeanne Butterfield
> Executive Director
>
> Judith Golub
>Senior Director, Advocacy and Public Affairs

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

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 10, 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 - ACTION ALERT: Fighting Back Against Privatization in DHS

AFGE's Activists in the Department of Homeland Security (DHS) are preparing to fight back against a massive privatization effort. see full alert 4-12-2004

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

 

Mar 29, 2004 Supervisory Immigration Officer(Anti-Fraud)
AREA OF CONSIDERATION:Government Wide Employees who are currently serving on a Career/Career Conditional appointment within Citizenship and Immigration Services, Immigration and Customs Enforcement and Customs and Border Protection. (Surplus or displaced Department of Homeland Security (DHS) employees in the local commuting area, for which applying, are eligible). Voluntary applications outside the area of consideration will not be accepted. Veterans who are preference eligibles or who have been separated from the armed forces under honorable conditions after 3 years or more continuous active service may apply. ...[more]

Vacancy Ann.#:  Various-See Vacancy
Who May Apply:  Status / Federal Civil Service Employees
Pay Plan:  GS-1801-14/14
Appointment Term:  Permanent
Job Status:  Full Time
Closing Date:  4/16/2004
Salary:  From 73,467.00 to 95,508.00 USD per year

Homeland Security, Bureau of Citizenship and Immigration Services US-Continental U.S.
Mar 29, 2004 Immigration Officer(Anti-Fraud)
AREA OF CONSIDERATION: Government Wide Employees who are currently serving on a Career/Career Conditional appointment, reinstatement eligibles and Veterans Employment Act of 1998 Eligibles. (Surplus or Displaced Federal employees in the local commuting area are eligible). Voluntary applications outside the area of consideration will not be accepted. Veterans who are preference eligibles or who have been separated from the armed forces under honorable conditions after 3 years or more continuous active service may apply. ...[more]

Vacancy Ann.#:  Various-See Vacancy
Who May Apply:  Status / Federal Civil Service Employees
Pay Plan:  GS-1801-13/13
Appointment Term:  Permanent
Job Status:  Full Time
Closing Date:  4/16/2004
Salary:  From 62,170.00 to 80,818.00 USD per year

Homeland Security, Bureau of Citizenship and Immigration Services US-Continental U.S.
Mar 29, 2004 IMMIGRATION OFFICER (ANTI-FRAUD)
AREA OF CONSIDERATION: Government Wide Employees who are currently serving on a Career/Career Conditional appointment within Citizenship and Immigration Services, Immigration and Customs Enforcement and Customs and Border Protection. (Surplus or displaced Department of Homeland Security (DHS) employees in the local commuting area, for which applying, are eligible). Voluntary applications outside the area of consideration will not be accepted. Veterans who are preference eligibles or who have been separated from the armed forces under honorable conditions after 3 years or more continuous active service may apply. ...[more]

Vacancy Ann.#:  CIS MSP II 04-148(HQ)
Who May Apply:  Status / Federal Civil Service Employees
Pay Plan:  GS-1801-13/14
Appointment Term:  Permanent
Job Status:  Full Time
Closing Date:  4/16/2004
Salary:  From 70,519.00 to 108,335.00 USD per year

 

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 10, 2004 - 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. 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. 24, 2004 -  Quote of the day from Gov Exec

"This spending spree has boldly sent the federal deficit to where no deficit has ever gone before."

-- Jill Lancelot, president of Taxpayers for Common Sense, on the fiscal 2004 omnibus appropriations bill and the Bush administration's fiscal
2005 budget proposal
.

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 -  CIS, Mr. Bulger

Local 1458 President Rodriguez called Mr. Bulger, District Director, Florida CIS, and extended our condolences on the loss of his mother, Mary.  We understand that a cc:Mail message will be circulating on this and there will be a collection to give to a charity in her honor.

Jan. 21, 2004 -   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...

Jan. 12, 2004 - Immigrant Plan (President Bush's) Filled of Snags

Real Cost of Bush's Immigration Plan Staggering

Jan. 9, 2004 - Immigration benefits backlog growing despite increased budget allocations

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. 25, 2003 - Two Recent CIS ZMI MOU's (in  .tif   "image" document format):

Circuit Ride MOU(12/02)

9/26/03 Timeliness Procedures MOU (12/03)

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. 1, 2003 - Marcelino Bowen appointed as Local 1458 Second Exec. VP (Services).  Congratulations and 'thanks', Marc! 

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.  (It is suggested you send a cc:Mail message to all.)  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.

Key Lawmaker Lodges Objection to Job Competition Changes (as follow-up to article from Nov. 17, below)

Nov. 20, 2003 - View the recent ZMI 9A Notice and our  Demand to Bargain .  Also, M. Knowles starting up Z-net again.  First teleconference scheduled for Nov. 26.  ZMI employees were sent a specific agency cc:Mmail notice with agenda for comment/feedback.

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. 13, 2003 - House-Senate Conferees Approve Reforms To Privatization Of Government Services

 

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 TO AFGE DHS PETITION,  80 "F" Street, NW   , Washington, DC 20001

Nov. 10, 2003 - SPECIAL LOCAL 1458 MEETING NOTICE! (CLICK HERE)

Nov. 1, 2003  IIO Surveys - Complete Them!

Any official e-mail or other surveys sent to IIO's from within the agency must be completed, according to AFGE.

Employees have expressed concern that since it is an outside contractor/consultant who is gathering the information, the information they will gather will be used to provide "insider" information to another contractor (or the same contractor using another company name).  We understand your concerns and will be watching very closely; however, as the competition (privatizing) process requires the gathering of ALL relating information in order to come up with a detailed and complete Performance Work Statement, please COMPLETE the surveys in as detailed a way as possible and send them back ASAP. Without your input, the competition could be slanted against IIO's because you did not provide the team with a complete, detailed account of your valuable and complex work.

FYI, union designates are serving on the PWA and MEO teams.  However, please remember that process is confidential and they are forbidden to discuss it.

Besides the Local 1458 website, http://afge1458.8m.com , an interesting article on this matter can be found at:    http://www.govexec.com/dailyfed/1003/102403a1.htm

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) 

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

Oct 22, 2003 - DHS under fire for using consultants in IIO job competition

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

 

Oct 14, 2003 - CIS Employees: May I apply?

In early October, within our prior Local 1458 Update, we sent you information about this subject.  (See cut-and-pasted portions below.)  MIA ICE HR responded, and their response is also found below.)

HR RESPONSE (10/14/03):

____________________Reply Separator____________________

Subject:    Re:Important Question on ICE and Staffing

Author:     Elaine G Broughton

Date:       10/14/2003 4:25 PM

All CIS and ICE employees have a SF-50 that indicates the massive realignment action back in March 2003 despite of the actual organization they work for.  However, effective 10/05/03, those who were under ICE and are funded by CBP are now being realigned under CBP.  As of today, no SF-50 shows CIS as the organization employees are assigned to.  Once the final realignment actions are done, the pool of employees who are still assigned under ICE will eventually be realigned under either CIS or remain under ICE. 

So as long as their SF50 shows ICE, they can apply for these vacancies.

Elaine Broughton   

HR Manager

From Previous Local 1458 Update:

CIS employees have noted that many ICE and CBP vacancy announcements state that applicants can apply only if they are ICE or CBP employees  -- NOT CIS.  Therefore, CIS employees (with prior Inspections, D&R and/or Investigations experience) who wish to apply for CBP or ICE positions are noting that it now appears they can't apply, since they work in CIS.

I have told such employees to contact the HR office noted on these vacancy announcements and let the Local know of the HR office's answers.  However, as Local President, I also posed some questions to our own ICE HR office, as is noted below.  As soon as I receive any answers, I will forward such on.

Ms. Broughton, Ms. Cornejo and/or Ms. Endler --

(1)  I remember reading somewhere that for organizational purposes, all legacy INS employees were going to be placed under "ICE".  Do you have a document, policy or source that confirms this?

(2)  Many vacancy announcements for CBP jobs state that in order to apply, one must be from ICE or CBP.  (See cut-and-pasted portion of just one announcement below, FYI.)   Therefore, this begs for this question to be answered:  When an announcement states an employee must be from ICE or CBP, can CIS employees apply because we are now considered (organizationally) "ICE"?

These are formal questions from me, as Local President, and I will be citing this message in upcoming cc:Mail messages to employees, as well as any answers that you provide. 

Thank you for your attention in this matter. 

                                                                                            Bridgette Rodriguez, Local 1458 President

Cut-and-pasted portion of vacancy announcement sample:

 POSITION: SUPERVISORY CUSTOMS INSPECTOR

      ANNOUNCEMENT NUMBER: CFCBP-2003-0295

     SERIES & GRADE: GS-1816-12

     SALARY RANGE: 56463 - 73403

     PROMOTION POTENTIAL: 12

     OPENING DATE: 10/01/2003

     CLOSING DATE: 10/22/2003 

     DUTY LOCATIONS: 2 vacancies Las Vegas, NV

      NOTE: With the recent merger of several federal agencies

     into the Bureau of Customs and Border Protection (CBP)

     and the transition efforts underway within CBP, these

     supervisory positions may be filled as either a Supervisory

     Customs Inspector, GS-1890 or a Supervisory Immigration

     Inspector, GS-1816. Therefore, you must be willing to

     accept a position in either occupational series.

      WORK SCHEDULE: Full-time (40 hours per week)         

    APPOINTMENT LENGTH:        Permanent 

     JOB LOCATION:       This position is located in Las Vegas, NV  

     JOB DUTIES:  

     As a Supervisory Inspector........ 

     WHO MAY APPLY:

      Applications will ONLY be accepted from Bureau of Customs

     and Border Protection and Bureau of Immigration and

     Customs Enforcement employees with competitive status.

 

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

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 - BCIS New Steward.  Norma Smith from the BCIS Tampa sub-office previously stepped up to be a new Steward for Local 1458, and will be one of our new Stewards who will receive training provided by Mr. Emory (NINSC) on Oct. 16 and 17th.  Thanks, Norma, for caring about your fellow employees and our union!

IIO Competition Update:  (A)  The union will be able to have two employees on the HQ's Performance Work Statement Team and the Most Efficient Organization Team.  The NINSC will make final selections on who will serve. (B)  Also, 101 Representatives signed on to the BACA letter opposing the privatization of IIO jobs. (C) Finally, there was another Government Executive article on this matter:   Immigration officials defend contractor-operated call center

September 24, 2003 - CIS Ombudsman Visits District.  

The CIS Ombudsman, Mr. Khatri, visited the CIS Miami district office this past week.  President Rodriguez and other Local officials had the honor to meet and speak with him.  Clearly, his position is one of the most important in CIS, and we look forward to working with him.  Below, are some pictures of Mr. Khatri (a) giving a speech at our Orlando sub-office, and (b) with a soldier who was  naturalized and other CIS officials, including our own Marc Bowen (far left).  Marc, who is our EEO Steward, is a DAO who interviewed this soldier and commented to the Local that, "..he just returned from Iraq...saw battle...I feel proud to have made him a citizen." 

                                                                                                 

Sept. 22, 2003 - U.S. is poised for an all-time low in number of refugees admitted 

                         Tracking of foreign visitors hits snags 

Sept. 12, 2003 -  Based on assignments given by Local President Bridgette Rodriguez, Exec. VP Allen Shuler will be arranging a meeting/membership drives close by the Miami Asylum and Citizenship Offices in September. 

Sept. 12, 2003 -  As a follow-up to news from Sept. 8 (below), click here to see Sen. Graham's letter to Sec. Ridge on privatizing IIO jobs.

Sept. 11, 2003 - GovExec article on IIO competition.  Local 1458 President Rodriguez quoted. 

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

From AILA website:

Sign-On Letter Urges BCIS to Restore Direct Phone Access to Service Centers

Sign-On Letter Urges BCIS Not to Contract Out the Immigration Officer Function

Results of AILA Survey Finds Extremely High Rate of Dissatisfaction with BCIS 800 Number

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.

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

IMPORTANT: This information should not be downloaded using government equipment, read during duty time or sent to others using government equipment.

Sept. 8, 2003 -  Local 1458 and its members say a special "Thank you" to our elected officials for understanding that privatizing  Immigration Information Officer/Contact Representative positions is the wrong thing to do.

Click here to see the Hispanic Caucus letter and the Leahy-Lieberman letter to Secretary Ridge opposing the A-76 competition.  (Such will take about 30 seconds to load and is in .tif  "image" document format.  You will need an image previewer to open.)

President Rodriguez was also informed today that Senator Graham has already addressed his own letter to Secretary Ridge.  In addition, Senator Nelson's Legislative Aide indicated he would address a letter on the issue of privatizing, in general, within the next several weeks.

And, we had very favorable contact last week with Representative Meek's office.   He will be raising this matter to the members of the congressional Black Caucus in mid-September, and we will be meeting with one of his aides within the next week.  (Update: FYI, we understand that Rep. Meek supports the Van Hollen amendment, which will be presented Sept. 9, 2003.  See the other Sept. 8, 2003 news on privatization, below this.)

In addition, we understand that Representative Lincoln Diaz-Balart has raised this matter to the Select Committee on Homeland Security. 

ADDITIONAL INFORMATION OF INTEREST:

(A) AILA survey proves current contracted out Information function (1-800 Customer Service number) is a failure.

Results of AILA Survey Finds Extremely High Rate of Dissatisfaction with BCIS 800 Number

AILA Press Release: BCIS 800 Number Offers Immigrants Little Service

(B)  The current 1-800 Customer Service Center contractor has been under scrutiny and investigation due to its past contract with government authorities.  

Here's some information about the work that contractor has done for DHS:
* In March, 2002, BCIS signed a contract with NCS Pearson to perform this work.  It's worth $140 million and has a five-year term. 

*  At the same time DHS also hired NCS Pearson to perform human resources work for the Transportation Security Agency (TSA).  That contract was an unmitigated disaster.

* The TSA contract with NCS Pearson for hiring the screener workforce was $600 MILLION more than expected. It ballooned from $104 million to an estimated $700 million.

* TSA says that NCS Pearson had a "complete breakdown of management controls."

* NCS Pearson didn't collect appropriate human resources information on TSA employees, so the agency had to hire two other companies to do the work again.

References:
* Patience Wait, Washington Tech, NCS Pearson lands $140 million INS contract, March 6, 2002, http://www.washingtontechnology.com/news/1_1/daily_news/17939-1.html

* Testimony of Kenneth Mead, Inspector General Department of Transportation to the Senate Commerce, Science, and Transportation Aviation Subcommittee, "Aviation Security Costs, Transportation Security Administration," February 5, 2003, http://dorgan.senate.gov/newsroom/extras/020503mead.pdf

Of course, there is much more work to do by our union, members and employees in this matter.  If you would like to receive e-mail on this matter and/or are interested in assisting us, please email us at Local1458@aol.com and provide your name, duty station (if DHS employee) and e-mail address. 

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.

September 8, 2003

Votes on Anti-Privatization Amendments Scheduled for Tuesday, September 9; Lobby Your Representative Now!
Amendments to be offered by Representatives Chris Van Hollen (D-MD) and Alcee Hastings (D-FL) to the Transportation-Treasury Appropriations Bill are being strongly opposed by contractors because they would force the Office of Management and Budget to stop favoring contractors over federal employees.

Call your Representative immediately and urge that s/he vote for the Van Hollen and Hastings Amendments. Read more information.

Sept. 8, 2003   New DHS Flyer: Do You Know... (PDF)

Sept. 1, 2003 -  MOU on Circuit Rides/ZMI.  After management served a 9A notice, the Local solicited feedback from union stewards and members and submitted its Demand and proposals, discussions took place and a MOU was signed off on.  You will find this MOU by clicking on Local1458 Documents (Recent grievances, MOU's, etc)

August 29, 2003  Latest FLSA case update

                                      Bush limits pay raises for civilians 

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.  

August 15, 2003 - Gov Exec Article on changes to A-76 competition process

August 15, 2003 - (Can view for 7 days only).  Miami Herald Article on IIO competition (privatizing)

August 8, 2003 - Federal Times Article on IIO Competition

August 7, 2003 - Gov Exec Article on IIO  competition and AFGE efforts

August 5, 2003 - IMPORTANT MESSAGE TO IIO'S/CONTACT REPRESENTATIVES

AFGE Local 1458

From the desk of President Bridgette Rodriguez

"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

RE: MR. AGUIRRE’S E-MAIL MESSAGE ON A-76 IIO COMPETITION

First, I ask that you please immediately provide me/Local 1458 with your private, repeat private, e-mail address so that we may continue to inform you in the fullest fashion on this important IIO matter via private, non-government e-mail.   It is important that our AFGE/Local 1458-employee communications in the future be via private e-mail, if at all possible.  Government e-mail can only be used in a limited fashion and in accordance with outstanding laws and our union Agreement.  And, there are some things that should not be posted on our website for all to see... Therefore, please notify me of your private e-mail address ASAP by sending such to me at Bridgette.Rodriguez@dhs.gov   or  Local1458@aol.com   or by fax to  1-775-243-2219 (please fax two times and get confirmation in order to insure receipt).

Next, and perhaps most important of all, NOW is NOT the time to sit back and wait to see what happens.  It is the time to get involved, participate, fight for those things you believe are right and/or just and help shape your future.

As some of you may be aware, I have just returned back to Miami after being out of town on various business, including a week-long union DHS conference and training session up in Washington, DC.  (Which, by the way, I had to attend on my own Annual Leave, since the agency initially denied union official time to attend such.  One does what they have to do when they are eager to fight for our employees and to help shape our future in the DHS…And, now I ask you to step up in order to help us help you.)

While up in DC attending this valuable training and conference on the DHS, the DHS HR team and on the future of our workplace and working conditions, the issue of IIO’s/Contact Representatives, A-76 and privatization arose.  An after-training-hours meeting was scheduled in order to discuss this matter and mobilize our efforts.  In fact, another union meeting (teleconference) will take place August 6 at 1:00 p.m. 

Over the next several weeks, in August and beyond, (a) Stewards or Local officials will pass out some information to IIO’s about the A-76 and competition process; (b) Local 1458 officials will be traveling to various offices to meet with you (and all employees) on this IIO competition matter and on other very important DHS “employee” matters; and (c) I have asked our stewards to get together a “team” of IIO’s (must be union members or willing to become union members) in order to be designated by our Local to participate in the upcoming IIO “competition” process and other relating matters.  I have deemed it best to have these meetings OUTSIDE of the government offices – since some items that employees may wish to ask and/or raise must be discussed (or are best discussed) outside of government property and on non-duty time.

WE must work together in this matter.  This is not a matter for one or two people to work on…WE must work TOGETHER in unity using a multi-pronged approach.

                  To quote Socrates:  Let him who would move the world first move himself…

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

July 24, 2003 - OPM Abandons Governmentwide A-76 Goals  (or...the non-quota quota...)

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 -   

Headlines
AFGE Files A-76 Complaint With Federal Court

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!)
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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
A service of Federal Employees News Digest

June 20, 2003 - NTEU Sues Over New Job Competition Rules (Privitizing)

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 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

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 -

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

April 28, 2003 - Electronic filing of I-90's and I-765's

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

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

DHS begins pay and personnel overhaul 

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

Homeland Security Merger Raises Chain of Command Concerns

March 17, 2003 -  Local 1458 DHS Bulletin #2

                                        BCIS TO TRY NEW CITIZENSHIP TEST

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 -  Homeland Security Transition

Feb. 27, 2003 - Interim Leadership

The list that follows represents the interim leadership for the Bureau of Citizenship & Immigration Services (BCIS).  BCIS interim leadership will convene for the first time on Friday, February 28 and Saturday, March 1, in Washington, DC. 

Eastern Region, Louis Crocetti...Eastern Region Locations:..Miami, Jack Bulger

GOV EXEC: