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  Voluntary Relocation Program (VRP)

Agreement Reached on Voluntary Relocation Program

June 13th, 2008

 

The Union and the Agency have agreed to reinstate the Voluntary Relocation Program with revised terms that are fair and equitable. This was made possible by the strong desire of both parties to find a way to continue the program in order to provide employees with expanded relocation opportunities. The Union appreciates management’s collaboration in this process. It is anticipated that the first vacancies under the new program will be announced by the end of June.

The following summary highlights the main differences between the new and old programs:

Eligibility. Instead of a grade level requirement to participate in the program, applicants now only need 18 months of continuous service in the Border Patrol, as well as graduation from the Border Patrol Academy and successful completion of the Post-Academy Field Training program.

Size of Selection Lists. The list of names that management can select from has been reduced significantly. For the first vacancy, the number is now seven instead of fifteen. Two additional names are now added for the second and third vacancies, with one more name being added for each additional vacancy. Also, there is now only one list for all eligible applicants instead of separate lists for each grade level.

Elimination of Geographic Exclusions. All initial selections will now be made without regard to an agent’s current duty station. Employees who are selected but cannot be released from their current station due to operational requirements will be placed on a “selected standby list,” and be relocated once the operational concerns are mitigated, assuming availability of funds.

Reimbursement Amount. Because of the recent dramatic increases in the cost of fuel, the amount of the relocation payment was increased by $1,000 for all categories of employees. The new amounts are: $8,500 for one person households who do not own a home; $16,000 for multiple person households who do not own a home; $26,000 for one person households who own a home; and $33,500 for multiple person households who own a home.

Intra-Sector Transfers. The new program clarifies that it applies to both inter- and intra-Sector transfers, and makes it clear that the distance between the two stations must be at least 50 miles in order to qualify for the payment of relocation expenses and the granting of administrative leave.

Reporting Time. Agents who own a residence now have up to 120 days to report to their new station in order to give them more time to sell their house.

Repayment Waiver. An additional repayment waiver was added for employees who have to move back to their former residence because they are unable to sell it despite good-faith efforts to do so.

Audit and Oversight. The agreement recognizes the Union’s ability to audit the results of any selections upon request. It also obligates management to notify the Union of the names and significant conduct issues that influence non-selections. Additionally, it allows all non-selected agents to request and receive constructive feedback as well as the underlying rationale for the non-selection.

Commitment. The agreement contains a statement of principles that includes a commitment by management to allocate sufficient funding and take such other reasonable measures that are necessary to ensure the success of the program.

 

VOLUNTARY REASSIGNMENT PROGRAM GRIEVANCE REMEDY

As part of the settlement of the grievance concerning management’s unilateral implementation of the Voluntary Reassignment Program in June of 2006, it has agreed to provide the Union with information that will help it determine the number and identity of employees who were excluded from consideration under that program. Once that is done, the parties will meet and attempt to reach an agreement concerning how best to remedy those situations. If you feel that you were excluded from consideration for a vacancy under the Voluntary Reassignment Program since June of 2006, please contact us at vrp@nbpc.net.
In order to ensure that adversely affected employees are provided with a meaningful remedy, the selections for the upcoming VRP vacancy announcements will not be made until after an agreement is reached concerning such remedies.



From the National Border Patrol Council

BACKGROUND

As a result of an arbitrator’s ruling that the Agency violated the law by implementing the Voluntary Reassignment Program without bargaining with the Union, the Agency has decided to temporarily suspend it pending the outcome of negotiations, which are scheduled to commence on June 10, 2008.

The Agency does not appear to be suspending the program out of spite, but rather to conform with the law, which requires full payment of all relocation costs for moves that are “in the interest of the Government” unless there is a lawfully-implemented “test program” pursuant to 5 U.S.C. § 5739. Although the Agency could elect to pay full relocation costs for all transfers, doing so would greatly reduce the total number of transfers, as there is a limited amount of money available for that purpose.

The Union is committed to reaching an agreement to reinstate a test program that is fair and equitable, and is optimistic that the Agency shares that goal. The Union’s primary objection to the unilaterally-implemented program is based on management’s ability to exclude employees from consideration due to the location of their current assignment or other non-merit factors. (All vacancy announcements under the illegal program contained the following restrictions: “In all cases, the needs of the service will determine the composition of the referral lists. Lists may be based on special skills attained by applicants, special training or certifications. Additionally, lists may be determined by operational needs, such as the necessity of maintaining staffing levels in one or more sectors, the need to reduce staffing in particular sector, the need to retain a range of experience in a sector or stations, or the need to retain critically important skills in a particular location.”)

Since employees’ rights to full-paid relocations would be waived under a test program, it is reasonable to expect the Agency to afford equal consideration to all employees as the quid pro quo. The Union recognizes that there are a limited number of circumstances where a bona fide staffing imbalance would be created if everyone on the list is allowed to transfer. The Union has several creative ideas to deal with such situations that it believes meet all parties’ interests and needs, and will be raising them during the negotiations. (In order to facilitate the interest-based bargaining process, the Union is not divulging its proposals here.)

It is important to remember that the Union has advocated ways of creating more transfer opportunities for front-line agents for decades, and was instrumental in establishing the original Voluntary Relocation Program in 2004. As designed, that program was fair and equitable, and met the needs and interests of all parties. The Union remains committed to these principles, and will do everything in its power to reach an agreement concerning the perpetuation of a reduced-cost relocation test program. Of course, as in any negotiation, it takes good faith on the part of both parties in order to reach an agreement, but the Union is hopeful that the Agency will meet it halfway.
 
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