GovernmentExecutive.com

A body of the United Nations ruled Wednesday that the 56,000 baggage screeners in the Transportation Security Administration have the right to bargain collectively.

The unenforceable opinion, released by the UN's International Labor Office, came in response to a complaint filed by the American Federation of Government Employees. AFGE, the largest federal employee union, already represents TSA's screeners -- by going to court for them, for instance. But the agency refuses to bargain with the screeners.

In 2003, then-TSA Administrator James Loy issued a directive that TSA screeners are prohibited from having collective bargaining rights under the 2001 Aviation and Transportation Security Act. Loy said collective bargaining would hinder the national security role that screeners play.

AFGE turned to the UN after several domestic courts ruled against it. In 2004, the Federal Labor Relations Authority refused the union's petitions, and the U.S. Court of Appeals for the District of Columbia ruled that it did not have jurisdiction to decide the case.

"We're embarrassed for the [Bush] administration and the TSA administration," said Chuck Hobbie, AFGE's deputy general counsel. "It's really a shame that an international body finds an American government agency has violated the rights of its workers."

TSA will not heed the UN office's recommendation, a spokesman said.

"The decision to not allow collective bargaining in TSA was taken under full authority granted by the Aviation Transportation Security Act," agency spokesman Darrin Kayser said. "Given the critical national security mission of our security officers, collective bargaining is not appropriate."

Kayser said collective bargaining "would reduce TSA's ability to make changes rapidly in response to threats."

AFGE argues the screeners -- whose jobs are repetitive and do not require access to secret documents -- should not fall under the national security exception to federal employee collective bargaining rights.

AFGE President John Gage and AFL-CIO President John Sweeney issued a joint statement on the UN ruling. AFGE is a member of the AFL-CIO.

"The AFL-CIO and AFGE join the international community in its recognition that national security and worker rights are not mutually exclusive," the statement said. "[Wednesday's] decision further calls into question the administration's policy of using national security to justify the denial of basic worker rights."

AFGE's Hobbie said TSA screeners need union representation to boost low morale. Hobbie cited arbitrary firings, long shifts and a lack of respect for screeners' religious beliefs.

COMMENTS

• One of the main problems in EWR is the lack of respect for the officers. They don’t respect seniority and the way they do the promotions is mishandled. Thank you. rodolfo Posted December 11, 2006 11:06 AM
• The UN is useless, and has no business butting into an internal American matter! This is an issue of U.S. sovereignty -- nothing more, nothing less. The UN should take a good look at itself, and the corruption within its own ranks, before telling us what to do. What else can you expect from an organization whose Human Rights committee includes such stalwarts of freedom as Libya, and other equally repressive regimes? Time to move the UN somewhere (anywhere!) else. Few New Yorkers would be sorry to see it leave! GovExec.com reader Posted November 27, 2006 11:08 PM
• What was AFGE thinking of? My old union, the NTEU, had problems at the local level, but nationally it tried and is still trying to rein in incompetent management and arbitrary policies. But for a national union to take its case to the UN is sheer folly! If I were employed in the TSA and a member of the AFGE union, I'd demand my union dues back immediately! GovExec.com reader Posted November 18, 2006 6:42 AM