The U.S. Transportation Security Administration (TSA) has given airport security screeners limited collective bargaining rights. In his determination (pdf) conferring such rights, TSA Administrator John Pistole provides a collective bargaining framework that “retains the capability and flexibility necessary to respond to evolving threats, and continue improving employee engagement, performance and professional development.” In November 2010, the Federal Labor Relations Authority (FLRA) issued a decision that permitted Transportation Security Officers (TSOs) to vote for union representation, but did not grant the potential union representative the power to bargain collectively with the agency.

According to a fact sheet, more than 13,000 TSOs are paying dues to one or more unions that provide personal rather than collective representation. Further, these unions are not permitted to bargain on behalf of TSA employees. Pistole’s 21-page determination provides for collective bargaining at the national level on non-security employment issues only. Such topics include shift and annual leave bids (excluding shift start times and types of shifts, number of shifts, days off, and guarantee of consecutive weeks); transfers; the awards and recognition process; shift trade policy; process for work status change from full time to part time and vice versa; uniforms; selection process for special assignments; and parking subsidies. The determination prohibits local-level bargaining at individual airports, as well as bargaining on security-related topics such as security policies; procedures or the deployment of security personnel or equipment; pay, pensions and any form of compensation; proficiency testing; job descriptions and qualifications; fitness for duty standards; performance standards and staffing; numbers and types of employees; and disciplinary standards. In addition, TSOs have no right to strike or engage in work slowdowns.

If a majority of TSOs vote in favor of unionization, they will retain the option of becoming members and/or paying union dues. The first FLRA-conducted election – which could affect close to 50,000 airport screeners – is slated to occur this Spring. The two unions that will appear on the ballot are the American Federation of Government Employees (AFGE) and the National Treasury Employees Union (NTEU).

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