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UNION FAQ
Last
Updated:
May 08, 2011
If you have a
question that does not appear below, please send an email to a Local 1613
Executive Officer.
Who are we and what do we do?
Please see
About Local 1613.
I just received a notice that I am
being sued for a job-related incident. What do I do?
Union members should immediately call
PORAC Legal Defense Fund (LDF) at 1-800-255-5610.
I just received a notice that I am
a target in a criminal investigation stemming from a job-related
incident. What do I do?
Union members should immediately call
PORAC
Legal Defense Fund (LDF) at 1-800-255-5610.
I just received a proposal
for a one day suspension (or more); What do I do?
Union members should immediately fax a copy of
the proposal to 1-800-620-1613. You should include a cover page with your
fax with your full name, station, and contact information. In
addition, include a signed
G-956, "Designation of Representative" form.
You only have ten
days to respond to a proposal for discipline so do not delay the
transmission of these documents. After you send your fax, wait at least ten minutes and then call 800-620-1613 ext. 81 to verify
receipt of the fax. Upon receipt of your fax and verification that the
proposal is related to conduct that was within the course and scope of your
employment, Local 1613 will forward a copy to the
attorneys for representation.
If Local 1613 determines the proposal is
related to conduct that was not within the course and scope of your
employment, you will be contacted at the number provided on the cover page
and notified of your options.
I believe I have an issue that should
be grieved. What do I need to do and what is the timeframe for filing?
Immediately contact a Station
Representative or your Lead Station Representative (see the
Contact Us page for a list of Lead Station Representatives).
The timeframe for filing a grievance is 30 days from the date the
incident/violation occurred or the Union/employee became aware of the
incident/violation.
What is PORAC Legal Defense
Fund?
The PORAC (the Police Officers Research Association
of California) Legal Defense Fund (LDF) is one of the many benefits of being a member of the National
Border Patrol Council.
Click here
to visit the PORAC website and learn more about this valuable legal
representation available only to dues-paying members.
NBPC
members fall under Plan II of the
Legal Defense Fund.
Combined with the Local 1613 Legal Services Plan, Local 1613 members receive
comprehensive coverage by attorneys for matters that fall within the course and scope of
their employment.
Why do Border Patrol Agents
need a Union?
Border Patrol Agents need a Union to represent their interests at all
levels of labor negotiations and political processes. There are many
times when certain (not all) management officials attempt to use agents
and circumstances for their own political gain within the organization.
This is not unlike certain situations in the private sector. However,
more alarming is that agents will be used as scapegoats for political
correctness.
It was not unusual in the past for Border Patrol management
to "throw an agent to the wolves" to appease special interest groups
such as the American Friends Service Committee, La Raza, or the
California Rural Legal Assistance League. Many of these groups have
deceiving names for a reason. All advocate open borders and/or the
return of California (known as Aztlan) to Mexico, using whatever means
necessary, including filing false allegations of abuse. They regularly
make unsubstantiated allegations of civil rights abuses against agents
in an attempt to slander and defame the US Border Patrol. This places a
very heavy burden on management and administration officials who, at
times, forfeit their personal integrity.
Do we represent all Agents?
Yes; the National Border
Patrol Council is the only lawful
and legally recognized representative of Border Patrol Agents. We expand
representation of Border Patrol Agents by aligning with the PORAC
(Police Officers Research Association of California) Legal Defense Fund.
What would happen if nobody
volunteered to run Local 1613?
The Local would become just a bank account. Local 1613
requires volunteers to administer the daily business, represent employees,
respond to agency correspondence, etc. Far too many Union members
do not realize the Union is only as strong as the members. If every
member recognized the importance of being an active participant in their
Union, then members would be better educated and more likely to prevent many of the unsafe
working conditions that we face on a daily basis. Being an active
participant no longer means attending the monthly Union meetings.
Local 1613 has gone to great lengths to make information available to every
member and to make it easier than ever before to contact a Local Executive
Officer.
What is the budget for Local 1613?
Local 1613 operates under an annual budget approved by the membership, in
accordance with the AFGE Standard Constitution.
How do I become a member of Local
1613?
Contact a Station Representative
or Lead
Station Representative at your assigned Border Patrol Station or contact an Executive Officer
by visiting the
Contact Us page for a list of active officers
and representatives.
When are union meetings?
Local 1613 Union meetings are held every second Tuesday
of the month and are open to dues-paying members ONLY. Click
here to see when the next meeting is scheduled and the location where
meetings are held.
Why doesn't the
NBPC or Local 1613 ask for input from the members before negotiating
policies?
The NBPC does ask for input from the members
before negotiating policies. The information is typically posted at the
NBPC official website. Due to time
constraints imposed by the Collective Bargaining Agreement (CBA), the NBPC
typically only has thirty (30) days from the date they receive notice of a
change to respond to the proposed changes.
Under to the CBA, Local 1613 only has ten (10)
days to respond to a notice of change. Therefore, Local 1613 typically
seeks input from Lead Union Representatives (LURs) and station Union
Representatives (URs) before responding to the proposed changes. In
many cases, Local 1613 officials asks LURs and URs to seek input at their
respective stations before providing a response to Local 1613 officials.
Do non-dues paying members receive
service from the union?
Only to the minimum extent as required by
law where the Union is designated as the exclusive representative and the non-member is
not authorized their own representative.
Does Local 1613 provide legal
coverage for personal matters?
No; but Local 1613 can provide attorney
referrals for personal matters.
Does Local 1613 provide union
benefits?
You may obtain access to a significant level of union
benefits through the American Federation of Government Employees and the
AFL/CIO
Currently,
Jim Ashley is the only person authorized by Local
1613 to appear at Border Patrol installations throughout the San Diego Sector.
Jim Ashley works for Benefit Architects, which is one of many providers
authorized to offer insurance programs in District 12.
There are several other benefit providers and programs available through
AFGE, all of which can be viewed on the AFGE website.
Click here to see the list of programs authorized in AFGE - District 12.
There is another agent or a civilian
at my station trying to sell me insurance, stocks, a 401k plane, etc...
Who are they?
They are independents who are not
endorsed by the union. They are conducting unauthorized
business on government property and should be escorted out. If it is
an agent conducting the business, you may alternatively report the situation
to management.
Click here to visit the AFL/CIO
benefits page to learn more about benefits available only to Union members.
Click here to visit the AFGE
benefits page to learn more about benefits available only to AFGE Union
members.
Do some of my dues go toward
political contributions?
NO!
AFL/CIO, AFGE, NBPC, and Local 1613 are prohibited by federal law from using
dues for political contributions.
AFGE and AFL-CIO do make political contributions, but
these contributions are from funds created by VOLUNTARY contributions
from members. AFGE has a
Political Action Committee (PAC)
which is where they generate the funds
to support various candidates.
In other words, do not believe the fictitious rumors
that the Union is using your dues to contribute to political campaigns
because Federal Law prohibits it! If you are interested in
contributing to the AFGE PAC Fund, please
visit the AFGE site
to learn more.
Are Appointed Directors and Lead
Station Representatives elected Union Officers?
No; They are appointed representatives
and serve at the discretion of the Executive Board. They derive their
authority from the Executive Board in order to provide expeditious service
to our membership.
The Lead
Station Representative or Station Representatives have been negotiating with
management at our station and changing policies and/or working conditions
without our knowledge. Is this appropriate and if not, what can I do?
Lead Station
Representatives and Station Representatives cannot negotiate with management
without the approval of the Executive Board. However, once a Lead
Station Representative receives authority from the Executive Board, Lead
Station Representatives can negotiate changes to policies and/or working
conditions without notifying every member in the bargaining unit.
If significant changes
are being made and you believe the Executive Board is not aware of the
changes, please contact an Executive Officer with the information (click
here for the Executive Board Directory).
If I transfer to another sector,
can I remain a member of Local 1613?
No, contact the gaining
Local to have
your membership transferred.
Local 1613 is not
responsible for the termination of dues; the member and HRMO are solely
responsible for terminating dues.
Local 1613 cannot cancel membership, only
the agency has the authority to do so after the employee authorizes the
cancellation on form SF-1188. Requests to terminate dues allotments are
effective the first full pay-period following September 1, if the request is
received in the Servicing Human Resource Office by September 1.
Local 1613 will not be able to provide
representation to you in another sector, even if you continue paying dues to
the Local.
Local 1613 is not informed of those individuals
who transfer or are promoted and cannot refund membership dues that were
inadvertently paid to the Local following a transfer or cancellation of
membership.
Why is Local 1613 affiliated
with the AFL-CIO?
In order to remain the exclusive
labor organization for agents, all National Border Patrol Council locals are required to maintain
affiliation with the following organizations: AFL-CIO, AFGE, and NBPC.
If we were to sever affiliation, Local 1613 (or any NBPC local) would lose
all its assets, third-party legal insurance, as well as exclusive
representative status and be placed into trusteeship, whereby AFGE national
representatives (non-BP) would assume control of your union and your
representation. The AFL-CIO per capita is paid for by AFGE and as of
2006, amounted
to $0.54 per month per member (or $6.48 per year).
Although NBPC Local 1613 is opposed to the
shameless promotion of illegal aliens by the AFL-CIO, NBPC Local 1613 must
work through internal measures to change the position of AFL-CIO or risk
jeopardizing our Local (as explained above). Since AFL-CIO represents
over 11 million workers in the United States, the NBPC only
represents a very small amount; thereby making us the overwhelming minority.
In order for change to occur, the NBPC must convince AFGE, the various
Councils within AFGE, and other Unions affiliated with AFL-CIO to oppose AFL-CIO efforts that promote illegal
immigration.
What about
FLEOA or Wright & Co. Insurance?
Local 1613 has historically recommended all
agents supplement their Union membership with professional liability insurance to provide an
extra layer of protection for civil matters. Currently AFGE also
offers
professional liability insurance which is comparable to the insurance
offered by Wright & Co. The policy is underwritten by Evanston
Insurance Company, who has a financial rating from the A.M. Best of "AX"
(excellent).
Click here to find out more about the AFGE policy.
FLEOA is designed for federal law enforcement officers who have no
collective bargaining rights and exclusive representative (Union).
FLEOA is a great option if you have no collective bargaining rights and they
do a tremendous job of representing the interests of criminal investigators
and Air Marshals.
Local 1613 representatives frequently hear
members mistakenly stating how FLEOA offers the same coverage as Local 1613 for less money. Although it is true FLEOA
does cost less than being a member of Local 1613, the coverage is
significantly different. In late 2006, I conducted research on
the coverage offered by FLEOA and
Wright & Co.
and compared it to the coverage offered by Local 1613. In conducting
my research, I contacted a representative from Wright & Co. and asked them
questions regarding coverage. A majority of the responses were "I do not
know", but then they directed me to the
specimen benefit plan . After reading the document, I was able to
better determine the coverage they provided to use in completing the chart
below.
In addition, I contacted a FLEOA Vice President
and spoke with him directly. I explained why I was comparing the
coverage, and he stated that FLEOA does not want NBPC members to drop the
Union and join FLEOA. He said all of the FLEOA Directors realize the
importance of the NBPC and admitted that FLEOA is not designed to support
our membership. Nevertheless, I compiled the following chart to show
the differences between FLEOA, Wright Inc., and NBPC Local 1613 and asked
the FLEOA Vice President to verify the validity of it before it was
published. The following chart represents any and all changes
recommended by the FLEOA Vice President (click on the chart to view a larger
image).
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