Good morning Chapter 141,
Please see the following chapter update:
Contract Ratification
We expect the new contract to go into effect in mid-January. CBP and NTEU National agreed to implement Article 51: Employee Wellness earlier this month. We already have two ongoing grievances related to management’s interpretation of that language. If that is any indication of how the rest of the contract will go, we will need your help as members. You can help us by talking with your stewards about any changes management attempts to deviate from what is normal at your location. You are more than welcome to reach out to the executive board as well, including myself at Conroy.NTEU141@gmail.com Your local MOUs and past practices must be preserved and we do that by challenging any changes to them as soon as possible.
50% Rule Grievance
We currently have two ongoing grievances related to Article 51. One appears to be isolated to the Jackman AOR (shocker) and the other is a statewide issue.
First, the Jackman AOR has been denying PT FIT requests if the employee spends more than 50% of their PT FIT time in a travel status. This includes the port of Coburn Gore, which is 45 minutes from civilization let alone a gym. Coburn Gore, which is a carbon copy of the Fort Fairfield POE layout, does not have an onsite work out facility. They are denying employees’ PT FIT to travel to the closest gym to their location.
Management is hanging their hat on the Article 51 language which states:
“Employees are encouraged to use a minimum of 50% of fitness time per occurrence to engage in a physical activity outlined in the AWPFP (i.e., preparation and travel time should not exceed 50% of the requested activity time).”
That language is suggestive and not binding. It was included to symbolize the spirit of the AWPFP Program which is why CBP National agreed to that language. In an ideal world, all ports of entry would be within x amount of travel time to work out facilities or employees’ homes. But 90% of our chapter live in rural Maine and that is not possible. We have not heard of similar denials at locations outside the Jackman AOR. If you have examples, please let us know immediately. This grievance is currently at the Step 2 level.
Per Occurrence Grievance
The second grievance is related to the language which limits the length of PT FIT but also allow you to use multiple occurrences in the same shift:
Eligible bargaining unit employees who have been approved pursuant to Section 1.B.(1) of this Article will be provided up to five (5) hours of approved administrative fitness time each week (at a maximum of 120 minutes per occurrence) to participate in the AWPFP.
A reasonable justification for using multiple occurrences are at ports of entry like Bridgewater, who only have 1 “overlap” day that allows them to participate in this program at all. We currently are aware of denials related to this at our locations in Madawaska, Fort Fairfield and Bangor. Please let us know if you have any to add.
Retirement Legislative Updates
I reached out to NTEU National’s legislative team to get an update on the 2 retirement issues that need to be addressed by congress. We had not received a national update on them in quite a while and I was hoping they would be acting on. Unfortunately there is not good news as we received this update from the legislative team:
Despite having broad bipartisan support, the issue that we have run into is that Speaker of the House Mike Johnson refused to bring this bill to the floor. He and his staff say they won’t bring the bill up until a “pay-for” is found to offset the meager cost associated with the bill. Even though the Speaker’s own Appropriations Committee Chairman says the bill costs so little an offset isn’t needed, that’s the wall we’ve been running up against. Despite our best efforts, and that of other groups in the federal LEO community, it wasn't enough to break through that wall.
With that in mind, we’re already working on a strategy for next year and for the new Administration taking office in January. I can assure you that no one at NTEU will stop fighting until this injustice is fixed and our affected CBPOs are made whole. I know that’s cold comfort when you’re losing out on money that’s yours, but you have my word that we refuse to stop fighting.
Ongoing Background Investigations
We have seen an uptick in employees receiving notice they are being interviewed by OPR. An ominous email is sent to the employee asking them to confirm their identity within 3-5 days. One of the reasons we have seen people get this message is after large cash deposits to their bank accounts (selling a vehicle, loan payoffs etc.) If you receive one of these notices, you can speak with us before you provide that information to OPR so feel free to reach out and we can help.
Mission Support AWS Agreements
If you would like to participate in AWS as an MSS, please reach out to your stewards. We have just recently negotiated an agreement in Houlton and can start bargaining an agreement for your location as well. The agreement in Houlton should be effective in mid-January.
Disciplinary Actions
I would also like to remind you about your rights as an employee as they relate to disciplinary action. You are entitled to union representation if you have a reasonable belief that management is asking you questions that may lead to disciplinary action. We have seen it countless times where an employee is being questioned about conduct related to one issue and that interview morphs into an unrelated disciplinary action. This includes if you are “just a witness.” We encourage you all to request union representation if it is offered to you. We also encourage you to ask for it even if it is not offered. It does not make you look guilty, at the very least it allows you an extra set of ears to bounce things off of after the interview is over. Additionally, this protection is covered by written MOI’s as well. Don’t let management pressure you into filling out a memo by the end of your shift if you would like to have it reviewed by one of us. You are allowed a reasonable amount of time to speak with NTEU prior to filling out a MOI as well. Finally, if you received a Letter of Counseling or Letter of Reprimand, we recommend that you ask to see your personnel folder kept at the port of entry to make sure it has been removed.
As a general update on the disciplinary actions we are working on/completed recently:
· 8 Day suspension successfully argued to be unfounded
· 21-day suspension mitigated to 7 days
· 3-day suspension mitigated to Letter of Reprimand
· 3-day suspension- pending oral reply
· Removal- pending oral reply
Thank you all for being members!
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