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	David Sipe Case MSPB Decision Background In 2001, David Sipe was a Border Patrol Agent assigned to the McAllen, Texas Border Patrol Station.  During the arrest of an illegal alien, Agent Sipe struggled with the alien before effecting the arrest.  The illegal alien alleged that Agent Sipe assaulted him and an investigation was launched.  Agent Sipe was prosecuted for Civil Rights Violations and convicted in U.S. Federal District Court in McAllen, Texas.  Upon being convicted, the Border Patrol removed him from his position (Removal Action) based off of a section of law that makes removal mandatory for any Federal Officer convicted of a Felony.  After the conviction, and based off of information uncovered during the sentencing phase of the trial, Agent Sipe's Attorney petitioned for a re-trial.  The Federal Trial Judge, who had never before granted a re-trial, agreed with Agent Sipe's Attorney and granted Agent Sipe a new trial.  The Government appealed the Judge's decision to the Fifth Circuit Court of Appeals, and they too agreed that Agent Sipe should be given a new trial.  On January 26, 2007, Agent Sipe was acquitted of the charges brought forth against him during his new trial in U.S. Federal District Court in Brownsville, Texas.  On February 2, 2007, NBPC Local 3307 formally requested that Agent Sipe be reinstated to his position as a Border Patrol Agent.  This request was based off of the same law that the Border Patrol utilized to remove him from his position; that law makes it clear that if a conviction is overturned on appeal, the removal shall be set aside retroactively to the date on which the removal occurred, with back pay.   The Government opposed the Union's request based off of their assertion that Agent Sipe's appeal to his removal was untimely.  (NOTE:  The law utilized by the Border Patrol to remove Agent Sipe in 2001 has VERY limited appeal rights; those being, that the employee was not a law enforcement officer, that the employee was not convicted of a felony; or that the conviction was overturned on appeal.)  Upon being removed from his position as a Border Patrol Agent, Agent Sipe was not eligible to file an appeal because, he was a law enforcement officer when convicted, he was convicted of a felony, and his conviction was not overturned until six (6) years later.  On February 13, 2007, the National Border Patrol Council filed an appeal on Agent Sipe's behalf with the Merit Systems Protection Board (MSPB) seeking his immediate reinstatement.  On June 13, 2007, the Administrative Judge assigned by the MSPB ruled in favor of Agent Sipe and ordered the Border Patrol to reinstate Agent Sipe with full back pay retroactive to the date of his removal (April 21, 2001).  The NBPC is unsure whether or not the Border Patrol will appeal the MSPB Judge's Decision to reinstate Agent Sipe.  Local 3307 will keep you informed of any developments.
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