UN office: TSA screeners have collective bargaining rights

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.