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CBP - National Grievance Update

CBP’s Failure to Provide Hazardous Duty Pay and Environmental Differential Pay

Last year, NTEU filed a national grievance against CBP for its decision to not pay either hazardous duty pay or environmental differential pay to those employees who are exposed to COVID-19 because of their work for CBP. CBP took the position that employees are not entitled to hazard pay because the agency claims that: their position description takes into account the hazardous duties performed; employees in contact or close proximity to the COVID-19 virus are provided the necessary PPE to mitigate the risk of exposure; and that any exposure to COVID-19 was incidental to their assigned job duties. Since that time, NTEU and CBP held a grievance meeting to discuss the claims in the grievance.

On December 30, 2020, CBP issued a grievance response denying the grievance in its entirety. National's President, Tony Reardon, has invoked arbitration in this case, and NTEU is in the process of scheduling a hearing.

NTEU will keep you informed of any further developments. If you have any questions regarding this national grievance or any additional information regarding the risks faced by your chapter’s employees, please contact Ryan Soon, Assistant Counsel for Negotiations, via email at

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