|NTEU Wins Arbitration Decision|
NTEU Wins Arbitration Decision
Today an arbitrator handed NTEU a victory and rebuked Customs and Border Protection (CBP) for failing to pay night differential to CBP Officers who took eight or more hours of paid parental leave or COVID-related emergency paid leave in a pay period.
CBP Officers regularly work night shifts, for which they are entitled night differential pay at a double-time rate. CBP refused to pay this night differential to CBP Officers who were on paid parental leave or emergency paid leave during their regularly scheduled night shifts—effectively penalizing them with a pay cut for taking leave. To justify its actions, CBP cited the eight-hour rule, a provision of the Federal Employee Pay Act (FEPA) holding that employees who earn night differential under that Act are entitled to such night differential only when they take fewer than eight hours of leave in a pay period. NTEU filed a grievance contending that FEPA’s eight-hour rule does not apply to CBP Officers, who earn night differential under a completely separate law.
In the decision issued today, an arbitrator agreed with NTEU. This victory ensures that CBP Officers who take paid parental leave and emergency paid leave will receive the premium pay they deserve.