NTEU is pleased to report that significant progress has been made in resolving systemic
problems in the global settlement data that CBP initially provided to the settlement
administrator. Impacted employees are on track to receive payments early next year.
NTEU previously instructed the settlement administrator to suspend issuing payments after
several systemic errors were flagged in calculating individual payments.
One of the errors involved CBP improperly crediting time as Border Patrol agents and
Import Specialists for approximately 1,100 individuals. In the new data NTEU requested,
only time in a covered bargaining-unit position is counted for purposes of applying the
settlement distribution formula. After receiving the new data last month, the settlement
administrator has been working with CBP to verify that it is correct.
In a second error, CBP failed to credit time in a bargaining unit status from 2008 to 2010
for approximately 600 individuals who were improperly excluded during that time. In a
grievance NTEU settled in 2009, CBP agreed that the employees should not have been
excluded from the bargaining unit. However, CBP did not retroactively correct its records
and affected employees did not receive proper credit for this time in the settlement data.
NTEU has instructed the settlement administrator to treat all affected individuals, for
purposes of applying the distribution formula, as if they occupied a covered bargaining-unit
position for all three years.
Lastly, NTEU, CBP and the settlement administrator identified deceased individuals and
removed them from the list of payees. NTEU leaders are currently verifying the accuracy of
Once this review is completed, the settlement administrator will run preliminary
calculations of payment amounts.
NTEU understands it has been a long wait as we continue the important process of
verifying that payment calculations are based on accurate data.
Thank you for your
support, and we will continue to keep you updated.