Agent Alejandro Flores-Banuelos Memorial Fund

Below is the link to the GoFundMe page set up for the family of Agent Alejandro Flores-Banuelos.

Go Fund Me Link

Border Patrol Agent Alejandro Flores passed away in the line of duty on March 15, 2021. Agent Flores stopped to help out at an accident scene on Highway 86, near Salton City, California when he was struck and killed by another motorist.

Agent Flores, was a 12 year veteran of the United States Border Patrol, and prior to joining the USBP, was a proud United States Marine.

Agent Flores leaves behind a pregnant wife and three children. Agent Flores will be remembered for his smile, and upbeat demeanor; always willing to lend a hand.

All funds will be going directly to his family to assist them with their loss and to help with future expenses

Location Pay Available for Public Comment!

https://www.federalregister.gov/documents/2020/07/10/2020-14255/general-schedule-locality-pay-areas

On behalf of the President's Pay Agent, the Office of Personnel Management is issuing proposed regulations to establish a new Des Moines, IA, locality pay area and to include Imperial County, CA, in the Los Angeles-Long Beach, CA, locality pay area as an area of application. The proposed changes in locality pay area definitions would be applicable on the first day of the first applicable pay period beginning on or after January 1, 2021, subject to issuance of final regulations. Locality pay rates for the new Des Moines, IA, locality pay area would be set by the President after the new locality pay area would be established by regulation.

Dates:

We must receive comments on or before August 10, 2020.

Addresses:

You may submit comments, identified by docket number and/or Regulatory Information Number (RIN) and title, by the following method:

All submissions received must include the agency name and docket number or RIN for this document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing at http://www.regulations.gov as they are received without change, including any personal identifiers or contact information.

A Letter From National Vice President Hector Garza

IMG_9121.JPG

Border Patrol Agents and Support Staff,

It has become abundantly clear that Laredo Sector Chief Patrol Agent (CPA) Felix Chavez and his sidekick, Watch Commander Charles "Chuck" Schlesinger are failing to protect Border Patrol Agents from COVID-19.  We are not sure if CPA Chavez is just being a "Lame Duck Chief" since he will be retiring in less than 3 months or maybe he prefers to downplay the seriousness and dangers of COVID-19.

In 5 different situations related to COVID-19, Border Patrol Agents in the Laredo Sector were directly and/or indirectly exposed to COVID-19.  In all of those situations, CPA Chavez failed to approve Safety Leave for those employees, thus exposing the remainder of the workforce and their families to COVID-19.  Keep in mind that a workplace exposure to COVID-19 will surely affect the American public and our family members, especially those with chronic medical issues like: Asthma, High Blood Pressure, Diabetes, Lung Disease, etc. 

In one instance, CPA Chavez would not approve Safety Leave until the employee tested positive for COVID-19 and by that time, the potential for exposure to the remainder of the workforce and the American public had already taken place.  In another instance, CPA Chavez would not approve safety leave to an employee who had just returned from “International Travel”, which is considered a high risk for exposure to COVID-19.  CPA Chavez can utilize the options and discretion afforded to him in order to protect Border Patrol agents from possible exposure to those who are either infected or who may have come in contact with someone else who is infected, but FAILS TO UTILIZE THESE OPTIONS OR HIS DISCRETION.

CPA Chavez is taking an unreasonable stance when approving Safety Leave to Border Patrol Agents.  He will not approve Safety Leave to allow Border Patrol Agents that have been directly or indirectly exposed to suspected or confirmed COVID-19 cases to isolate, even when a doctor has ordered the employee to a mandatory quarantine. 

It is important for the U.S. Border Patrol to know that the Center for Disease Control (CDC) guidelines are a minimum requirement for Federal Agencies to follow.  CPA Chavez has the option and discretion to provide WORKPLACE PROTECTIONS at a MUCH HIGHER LEVEL that will in turn protect Border Patrol Agents and the American public, but fails to exercise that discretion.

Chief Patrol Agents from other Sectors have taken a different approach to approving Safety Leave.  These Chief Patrol Agents have exercised their discretion to protect the U.S. Border Patrol workforce and the American public.  We call on CPA Chavez to do the same for the safety of our workforce, our families and the American public.

Your safety, health, and welfare and that of the American public is our number one priority.

We encourage you to continue to utilize appropriate Personal Protective Equipment (PPE) during the performance of your duties to include activities such as: Dealing with the public; Performing primary inspection at the checkpoint; and when Arresting, Detaining, Searching, Processing and Transporting detainees/subjects.  

Utilizing PPE will protect you, the U.S. Border Patrol workforce and the American Public.

We urge you to continue contacting the National Border Patrol Council for any and all workplace related matters.

Stay safe and thank you for protecting America’s borders!

In Solidarity,


Hector Garza
President
Local 2455

Lawsuit Updates

The most common questions that we are currently approached with are regarding the status of the pending lawsuit settlements. This is understandable and we want updates just as much as you do. Please rest assured that we will pass on new information as it is received. This is as much information as we have at this time. These links will open in a new browser window.

AGUIRRE CASE UPDATE

ABAD CASE UPDATE

Jonathan Morales Named 2019 AFGE Law Enforcement Officer Of The Year

Morales_jonathan_BP_Uniform.jpg

The AFGE Law Enforcement Steering Committee is proud to announce Border Patrol Agent Jonathan Morales as the recipient of the 2019 Law Enforcement Officer of the Year Award.

On April 27, 2019, a gunman armed with a rifle opened fire in the Chabad of Poway Synagogue in San Diego County striking multiple people. What the gunman didn't know that day, is that the Chabad Synagogue was protected by a shield. That shield was off duty Border Patrol Agent Jonathan Morales. After the gunman opened fire, Jonathan Morales sprang in to action. Agent Morales ran to obtain the only weapon that the synagogue had for defense; an antique Derringer revolver containing only four rounds. Outgunned and showing no fear, Agent Morales engaged the gunman. Upon realizing that he was not the only person in the Synagogue with a firearm, the gunman turned and fled from the scene. Agent Morales gave chase and pursued the gunman down the street. The gunman jumped in to his vehicle and sped off. He was later arrested by San Diego Law Enforcement.

If it were not for the actions that Agent Morales took that day, countless more lives could have been lost. Showing true bravery in the face of evil, Agent Morales exemplified the best characteristics of a Law Enforcement Officer. The United States is a safer place knowing that people like this live and walk among us. Agent Morales himself said it best at the podium in front of the White House with President Donald Trump. "In order to fight these random acts of violence, we must continue to do random acts of kindness."

Jonathan Morales is not just a Border Patrol Agent assigned to El Centro Sector in California, he also serves on the local Union's executive board as the Sergeant at Arms. As an active executive officer of AFGE/NBPC Local 2554, Agent Morales not only works the line on the U.S. Border, but also assists his fellow Border Patrol Agents with the enforcement of their union rights. Agent Morales shows us every day what it means to be a Law Enforcement Officer in the U.S. Border Patrol and a proud serving member of the American Federation of Government Employees/National Border Patrol Council. Agent Morales' actions reflect great credit upon himself, the United States Border Patrol, National Border Patrol Council and American Federation of Government Employees. Agent Morales will receive the Law Enforcement Officer of the Year Award on the evening of Tuesday, February 12, 2020 at Kelly's Irish Times in Washington, DC. If you are in town for AFGE's Legislative & Grassroots Mobilization Conference, please stop by and congratulate Johnny.

A CAX Christmas Story

Here is a real Calexico Station Christmas Story. BPA Guadalupe Valenzuela (Tiny) (Full Time Union Rep for AFGE NBPC Local 2554) took a Thanksgiving vacation with his family last pay period. Since Thanksgiving was so late in the year when he came back, we sorted presents for the Fallen Agents Fund and hit the road. I barely got my T&A done right before we left. So, while we were delivering presents to the kids of fallen agents, the PAIC of Calexico Station Daniel D. Hann, II was changing Tinys’ T&A to reflect AWOL for his family’s vacation because SBPA Mora could not find the OPM 71 left in his Admin Drawer. Calexico Station PAIC Daniel D. Hann, II Submitted the T&A without notifying Tiny of the change. So, when Tiny came back from delivering presents to the children of fallen agents, he received a check from the U.S. Border Patrol for a whopping $700.00! Because we are a family “Honor First”. We had our phones on us the entire trip. We had our computers with us we did union work the entire trip. We filed UIG’s, answered emails and took phone calls about union business, the fallen agents fund, and questions about location pay. The point is if someone wanted to ask Tiny a question about his T&A they would have been able to contact him.

I have been in the military and I have been in the private business world. Good leadership is great if you can get it. I understand leadership that only cares about their next promotion, I understand leadership that is lazy, I understand leadership that has been promoted beyond their abilities. What I cannot comprehend is leadership that goes out of their way, puts in extra effort, to screw over your own people, your own employees, your own agents. They say we are a para military organization, but I do not see any military, not even any para.

Calexico PAIC Daniel D. Hann, II went out of his way to change and submit a T&A without notice to the employee. Past practice has been that you would just submit the form upon your return. His actions would leave an AFGE NBPC Local 2554 Union Representative that was delivering presents to the children of fallen agents with a $700.00 check right before Christmas!? Let that sink in. It will be a slim Christmas for the Valenzuela’s because of Calexico PAIC Daniel D. Hann, II.

When myself and Tiny reached out to Calexico PAIC Daniel D. Hann, II about the situation there was no answer, maybe because he was at the El Centro Sector Christmas Party.

UPDATE:

Tiny Valenzuela: “Even though my family’s Christmas was attacked by Calexico PAIC/Ordained Minister/Chaplain Dan Hann, in no time flat Line Agents came together and blessed my family and saved our Christmas. I want to say thank you very much to everyone and God bless you always. The best part of this Agency is and always will be its Line Agents. From my family to yours, we are very grateful. Merry Christmas and Happy New Year.”

Management Lacks Reading Comprehension Skills

The union has learned that some supervisors and managers in the agency are insisting that employees need to request permission before participating in all volunteer activities under the new CBA – that is false. The CBA did not change anything regarding this topic, this is a change required by federal regulations.

The 1995 CBA has the following statement: “Volunteer activity is not considered outside employment for the purposes of [Article 10].” This statement was removed in the new CBA because federal regulations changed, requiring that federal employees request permission before engaging in some volunteer activities.

5 CFR 4601.101 (d)(2)(ii) states, “Outside employment does not include participation in the activities of a nonprofit charitable, religious, professional, social, fraternal, educational, recreational, public service, or civic organization, unless the participation involves:

  • Acting in a fiduciary capacity,

  • Providing professional services for compensation,

  • Rendering advice for compensation other than the reimbursement of expenses, or…

  • An activity relating to the employee's official duties as defined in 5 CFR 2635.807(a)(2)(i)(A) through (E), to include activities related to any ongoing or announced policy, program, or operation of the employee's agency as it is defined at 5 CFR 4601.102.

To be clear, for activities like Little League, volunteering at a church, volunteering at a non-profit (such as Fallen Agents Fund) and others, no permission is required, as long as, the participation does not involve something in the four bullets above.

Local 2554, PO Box 2976, El Centro, CA 92243, Open 24/7