Effect given to the recommendations of the committee and the Governing Body - Report No 362, November 2011

Case No 2292 (United States of America) - Complaint date: 14-AUG-03 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 53. The Committee last examined this case – which concerns executive orders denying airport screeners their collective bargaining rights by exempting them from the Federal Service Labor-Management Relations Statute (FSLMRS) – at its November 2008 meeting [see 351st Report, paras 42–66]. On that occasion, the Committee urged once again the Government to carefully review, in consultation with the workers’ organizations concerned, the matters covered within the overall terms and conditions of employment of Transport Security Officers (TSOs) which are not directly related to national security issues so as to engage in collective bargaining on these matters with the screeners’ freely chosen representative.
2. 54. In a communication dated 16 March 2011, the Government indicates that under the Aviation and Transportation Security Act – the legislation that created the Transport Security Administration (TSA) – the US Congress gave TSA’s Administrator broad authority to set the terms and conditions of employment of TSOs notwithstanding any other provision of law. The former TSA Administrator used this authority in 2003 to issue a Determination that, while TSOs are free to join unions and select union representatives as their personal representatives, collective bargaining as such was inconsistent with security requirements at that time. The Government however informs the Committee that the Obama Administration has now provided TSOs with a framework for engaging in collective bargaining over certain issues. On 1 July 2010, John S. Pistole was sworn as the new Administrator of the TSA and indicated his commitment to a review of labor relations including the issue of collective bargaining by TSOs and its potential impact on security and safety. This review included discussions with the leadership of the two unions seeking to represent the TSOs.
3. 55. On 12 November 2010, the Federal Labor Relations Authority (FLRA) issued a decision directing a nationwide election among TSOs for exclusive representation for matters not including collective bargaining.
4. 56. On 4 February 2011, Administrator Pistole issued a Determination entitled “Transportation Security Officers and Collective Bargaining”, which modified the 2003 Determination, by “providing for an election concerning representation and, if a union is elected, for carefully defined limited exclusive union representation under conditions and within a framework unique to TSA that does not adversely impact the resources and agility necessary to protect the security of the traveling public”. The Government indicates that the election on union representation for the TSOs was to take place between 9 March and 19 April 2011.
5. 57. The Committee notes with interest the above information provided by the Government and welcomes the recognition of the right to organize and bargain collectively for TSOs. The Committee understands that the elections have taken place and TSOs are now represented by a union. The Committee expects that, within this new framework, TSOs will have the right to bargain collectively on all terms and conditions of employment not directly related to national security issues and requests the Government to keep it informed of the outcome of the subsequent negotiations.