Baggage screeners get limited whistleblower protections

Airport security screeners hired by the Transportation Security Administration will have limited whistleblower protections under a complaint process announced Monday by TSA chief John Magaw and Elaine Kaplan, head of the Office of Special Counsel.

Airport screeners who believe they have been retaliated against for reporting misdeeds can now file complaints with the OSC under the new agreement crafted by the TSA, OSC and Transportation Department Inspector General Kenneth Mead. OSC is the independent agency responsible for investigating federal whistleblowers' allegations of retaliation and for enforcing the 1989 Whistleblower Protection Act.

The law creating the TSA allowed Transportation Secretary Norman Mineta to decide whether employees would receive full protections under the Whistleblower Protection Act. In March, he decided to limit protections to make sure the agency could swiftly fire employees for security breaches. But he said the agency would work with OSC to craft its own whistleblower protection system.

"We've been working to try and put together a whistleblower protection act that is not going to be the same, but will be just as effective," Kaplan said during Monday's press conference.

Under the new system, when an employee alleges whistleblower retaliation, OSC will investigate the complaint and issue a report to the TSA on whether it is justified. TSA officials will make the final decision on whether corrective action is needed to address the situation.

If the TSA rules against an employee, he or she would not have the right to appeal the decision to the Merit Systems Protection Board, unlike employees covered under the 1989 law.

The baggage screeners employed by the TSA "are examining things that are going on an aircraft," Magaw said. "They have to be very careful. If they aren't, I have the authority to move them or to fire them."

Mead said the agreement addresses the agency's need to take actions against screeners who break security rules while protecting the rights of employees who make legitimate disclosures.

"Screeners are on the front lines in our effort to make air travel safe and secure," Mead explained. "We, and most of all the public, must be assured that any activity with the potential to compromise security is reported without fear of retaliation so it can be immediately addressed."

Leaders of employee unions argue that denying baggage screeners full whistleblower protection contradicts the goal of creating a better screening workforce. The lack of these benefits, they say, might make it more difficult to attract and retain screeners, even though they will be earning more money as federal employees than they did at private security firms.

TSA and OSC expect to sign a directive implementing the new policy within six months.