Tuesday, December 15, 2009

Campaign to organize airport security screeners takes off

The following article appeared in the Labor Review, the official publication of the Minneapolis Regional Labor Federation.


Campaign to organize airport security screeners takes off
By Steve Share, Labor Review editor

14 December 2009 MINNEAPOLIS - A nationwide campaign to organize 40,000 airport security screeners includes workers at the Minneapolis-St. Paul airport, where union organizers and supporters are taking part in a week of solidarity actions.
At MSP airport, the screeners — called Transportation Security Officers or TSOs — recently filed a charter to become a local of the American Federation of Government Employees, reported Joe Ellickson, AFGE organizer.

Ellickson gave a briefing on the TSO campaign to delegates at the Minneapolis Regional Labor Federation meeting Nov. 11.

“They’re essentially treated as second class federal employees,” Ellickson said. TSOs lack collective bargaining rights and protections of a union contract. They work under “completely subjective” terms of employment, he said. And, unlike other federal employees, they do not have “whistle-blower” protection. “They can be fired for any reason,” he said.

Following the terrorist attacks of September 11, 2001, Ellickson related, AFGE successfully urged the U.S. government to take charge of airport screening from a collection of private employers and make all airport screeners federal employees.

But the legislation that federalized airport screeners — creating the Transportation Security Administration — also stripped the newly federalized workers of their rights, giving the new TSA sole discretion to decide the terms of employment of the security workforce, including their collective bargaining rights.

President George W. Bush successfully used the fear created by the terrorist attacks to move his anti-union agenda in creating the TSA. Bush administration officials claimed that union representation of workers would deny TSA the “flexibility” required to wage the war against terrorism.

AFGE did not abandon the new federal workers, however, and began what has become an eight-year organizing campaign. “We’ve been organizing these workers since Day 1, fighting for them,” Ellickson said.

Despite the fact that current rules bar TSOs from collective bargaining, AFGE has signed up 11,000 TSOs as dues-paying members.

“We’ve been filing grievances for them,” Ellickson reported. “We’ve been winning them.”

The National Treasury Employees Union, which is not affiliated with the AFL-CIO, also is seeking to represent the airport security screeners.

With support from the new administration of President Barack Obama, Ellickson said, AFGE hopes soon for a change in rules governing the TSA that would grant the TSOs the right to collective bargaining.

AFGE then plans to be ready to bargain a national contract, he said, based on its support from nearly 40 AFGE locals that TSOs have organized around the country, just like the newly-forming local at MSP.

“The AFL-CIO has said we’re 100 percent with you in this campaign,” Ellickson noted.

Richard Trumka, newly-elected president of the AFL-CIO, urged support for AFGE’s campaign in a speech at the recent AFL-CIO convention in Pittsburgh: “Right now, 40,000 TSA employees are on the verge of winning their collective bargaining rights. Our sisters and brothers in AFGE are going to organize them, and… I want you to know that the AFL-CIO will stand with them until every last one of those TSA employees are organized,” Trumka said.

AFGE has stickers and luggage tags available for you to display support for the TSO organizing campaign. “When you are going through the checkpoint, please show your support,” urged Ellickson. And, he added, “talk to the TSOs.”

He said the stickers and luggage tags provide a real morale boost to the union supporters among the TSOs. They’ll talk about how many stickers or luggage tags they saw on their shift, he said.

AFGE stickers are available through the Minneapolis Regional Labor Federation, 612-379-4206, x. 105, and the Minnesota AFL-CIO, 651-227-7647.

Steve Share edits the Labor Review, the official publication of the Minneapolis Regional Labor Federation. This article is adapted from one printed in the most recent issue of the Labor Review.


http://www.workdayminnesota.org/index.php?news_6_4280

Thursday, December 10, 2009

TSA Breach Highlights Need for Permanent Administrator

The leak of the TSA's Standard Operating Procedures has put the lives of some 38,000 TSOs at risk and presents more than a few problems for the flying public at large, AFGE said today. On behalf of the entire TSA workforce, AFGE issued the following statement:

This unfortunate and potentially damaging breach places an even heavier burden on a workforce performing incredibly important national security work. In making Security Sensitive Information available to contractors, while simultaneously withholding certain non-sensitive information from the public, TSA has raised serious questions in the minds of taxpayers regarding the implementation of certain protocols. If there ever was a question about clearing the way for the appointment of a permanent administrator for this beleaguered agency, it has certainly been answered with this most recent misstep.

The release of this information might have been avoided if there had been a strong security professional at the helm of the agency. Erroll Southers has the background and experience needed to strengthen security measures at TSA. The hold placed on the nomination and confirmation by Senator DeMint runs counter to prudent national security.

This incident further illuminates the urgency of appointing a permanent leader at the agency, which is why AFGE is again calling for the swift confirmation of Southers by the full Senate.

Thursday, October 22, 2009

TSA Prohibits Unauthorized Local Policies Following AFGE's Protest

Just three weeks after AFGE brought up workplace issues at the historic first-ever labor-management meeting with the new leadership of the TSA, the agency issued a new directive prohibiting unauthorized local personnel policies and requiring Federal Security Directors to submit future and current unapproved local directives to TSA headquarters for review.

"TSA is building a culture that provides for a fair and consistent employment environment for the workforce. This means that every manager and supervisor – in the field and here at headquarters – must follow and apply the provisions of TSA national policy to the fullest," TSA Assistant Administrator for Security Operations Lee Kair said in the Aug. 13 directive. "This memorandum reminds the field that all local policies and practices that have been issued without the full written review and concurrence of OHC [Office of Human Capital] are unsanctioned."

Kair singled out the Attendance Control Procedures and the Attendance Control and Accountability Procedures that are being implemented at several airports and are tremendously demoralizing to the workforce. Under these programs, employees will receive a letter of counseling or a letter of reprimand if they take three unscheduled leaves within a period of time, usually three months, regardless of circumstances or approval from their immediate supervisors. There is no analysis of the particular circumstances that necessitated the unscheduled leave use. AFGE earlier this year wrote to the FSD at Dallas-Fort Worth and Acting Administrator Gale Rossides demanding a repeal of the policy after several employees had been disciplined under these absurd programs.

Kair reminded FSDs that "accrual and use of leave is a benefit and consistent with TSA policy. Employees should be given reasonable opportunities to schedule and use leave appropriately." He also condemned the practice of issuing an absence without leave to employees who have called in sick but do not respond to management's subsequent phone calls.

The new directive appears to mark a shift in how TSA handles another major leave issue: the Family and Medical Leave Act. Local management routinely denies intermittent FMLA leave requests and disciplines employees who exercise their rights under the law, which allows up to 12 weeks of unpaid leave for family and medical reasons. Kair pointed out in his memo that "management does not have the right to deny leave and order the employee to report to duty" and that if the employee's use of intermittent FMLA leave negatively affects his or her duties, management has to clear that with field counsel and the OHC before proceeding with any disciplinary actions.

"The memo is a step in the right direction," AFGE President John Gage said. "We're glad that TSA listened to our concerns and acted accordingly."

Tuesday, September 22, 2009

AFL-CIO Backs AFGE as the Union for TSA Workers

Speaking at the recent AFL-CIO convention in Pittsburgh, newly-elected AFL-CIO President Richard Trumka singled out the AFGE campaign to win workplace rights for TSA employees, saying AFGE has the backing of the AFL-CIO and its 11.5 million members in the union’s effort to organize TSA employees.

“Right now, 40,000 TSA employees are on the verge of winning their collective bargaining rights. Our sisters and brothers in AFGE are going to organize them, and . . . I want you to know that the AFL-CIO will stand with them until every last one of those TSA employees are organized,” Trumka said.

“Unlike stand-alone unions, AFGE enjoys the AFL-CIO’s enormous political clout on Capitol Hill and across the country,” said AFGE National President John Gage. “Being a part of the AFL-CIO is being a part of the rich and proud history of the U.S. labor movement—an institution that is critical to our country and its middle class.” AFGE has been affiliated with the AFL-CIO since it was founded in 1932, and has received more than a half million dollars in organizing grant money from the labor giant over the course of the of its eight year campaign.

Earlier this year, the Association of Flight Attendants issued a letter to TSA employees, showing its support for TSA bargaining rights and endorsing AFGE as the representative for those workers. AFGE received similar backing from the United Mine Workers of America, American Postal Workers Union Locals 247 and 1462, Labor Council for Latin American Advancement Central Florida Chapter, A. Philip Randolph Institute Central Florida Chapter, Colorado Springs Area Labor Council, Florida Alliance for Retired Americans, and many more.

Gage met with AFL-CIO State and Central Labor Body presidents during the AFL-CIO convention to coordinate their support in the coming election of unions to represent TSA employees. AFGE TSA Local 332 (Pittsburgh) Women’s Coordinator Shawn Williams also addressed the AFL-CIO convention, stating that “AFGE secured a promise from President Obama to ensure collective bargaining rights would be granted at TSA, and we will not rest until that happens.”

After her speech, Williams and Local 332 President Kim Kraynak met with Labor Secretary Hilda Solis, where both shared their experiences as front line security officers. “There is no way we would have had the opportunity to address Secretary Solis directly were it not for our affiliation with AFGE and the AFL-CIO,” Williams said. “It was encouraging to see how well our issues were received and how much respect AFGE enjoys among the other unions.”

“AFGE’s TSO members are unquestionably the voice and face of the union at TSA, so it was wonderful for Shawn and Kim to speak directly with Secretary Solis,” Gage said.

“With more than 11,000 dues paying members at the agency, and some 40,000 in Border Patrol, CIS, ICE, Federal Protective Service, and FEMA in the Department of Homeland Security, there is little question as to AFGE’s role as THE union for TSA and DHS employees,” Gage added.

Tuesday, September 8, 2009

Congressional Budget Analysis Confirms TSA Union’s Charge that TSOs Are Underpaid

The Congressional Budget Office’s Sept. 2 cost analysis of the conversion of TSA's employees from the current pay system to the General Schedule confirmed what the AFGE has been saying all along—employees have been low-balled and unfairly treated under TSA’s Performance Accountability Standards System (PASS).

The cost analysis estimated that TSOs would receive pay raises averaging $1,700 if they were transferred to the GS system, as called for under the Transportation Security Workforce Enhancement Act. The bill, H.R.1881, passed the House Homeland Security Committee in July and now is being considered by the House Oversight and Government Reform Committee.

“The nation’s 38,000 TSOs are considerably underpaid and subject to an arbitrary and punitive pay system,” said AFGE National President John Gage. “Although it is not clear how many TSOs would receive a pay increase under the GS pay system or what that amount would be, moving this group under GS is a long overdue corrective step for an economic injustice done to this committed workforce.”

AFGE for years has argued for moving TSOs to the GS system, which has dedicated funding, unlike the PASS system of performance “bonuses” that vary from year to year even if the TSO receives the same performance rating. Salary increases under the GS system also become part of the base pay on which retirement pay is calculated. Under the PASS system, TSOs see thousands of dollars diverted from their pensions resulting in the devaluation of their pensions and does not provide an incentive to make a job at TSA a career. This contributes to the excessively high TSO attrition rate and agency training costs.

AFGE called “speculative” the CBO’s estimate that it would cost TSA $700 million over five years to convert its employees into the GS system. The union stressed that classification experts at the Office of Personnel Management will have to undertake a systematic analysis of the duties of TSO positions in order to determine the appropriate GS classification and grading.

“The cost of providing a fair compensation system to TSOs is only about 1.5 percent of the total TSA budget of $7 billion in 2009.” Gage said. “We strongly believe that this amount will be quickly absorbed by savings resulting from the collective bargaining process.”

AFGE asserts that the actual cost of collective bargaining will depend on how many issues can be negotiated nationally. The union has long advocated for a national master collective bargaining agreement, which will provide a greater degree of uniformity on issues such as leave usage, training, and promotions. One nationwide bargaining agreement will cost far less than implementing 400 different agreements at over 400 individual airports.

“Studies have shown that unionized workers are more productive and efficient than non-unionized workers,” Gage added. “Increased productivity and a stabilized, full-time workforce will serve to further TSA’s mission of aviation security for the flying public.”

Tuesday, September 1, 2009

EEO Judge Awards Attorney's Fees to TSA Union

An Equal Employment Opportunity Commission judge has ordered the TSA to pay AFGE $42,856 in attorney's fees for a case in which a Dulles TSA employee was discriminated against because of his disability.

The suit resulted from the TSA's discriminatory transfer of a disabled Transportation Security Officer from a teaching position to a screening position four years ago. The TSO's disability required him to use a cane and limited his ability to walk and stand. The TSO successfully performed the duties of a TSA Approved Instructor (TAI) and received an "exceeds" rating on his annual performance review. Despite this performance, the TSA arbitrarily transferred him from the teaching position to a screening position, which requires up to eight hours of standing. As a result of this illegal transfer, the TSO had no choice but to request disability retirement.

AFGE subsequently filed a complaint with the EEOC on his behalf, alleging discrimination based on disability. In siding with AFGE, the judge stated that the testimony of several TSA witnesses raised serious questions about TSA's understanding of its obligation under the Rehabilitation Act. The judge further noted that the HR specialists at Dulles did not seem to understand even the basic tenets of the law.

The judge awarded the TSO two years of back pay and $150,000 in damages for emotional pain and suffering. She also ordered TSA to train its management and HR team at Dulles on disability rights, and post a notice to all TSA employees at Dulles about the finding and their right to be free from discrimination at the workplace. The EEOC's ruling was a stinging rebuke to the TSA, which argued that the Rehabilitation Act – which prohibits disability discrimination and requires employers to provide a reasonable accommodation to disabled employees – did not apply to TSOs. The judge found that the reasons offered by TSA to justify its actions were "disingenuous, illogical, and unreasonable."

AFGE had sought $43,399 in attorney's fees, but the agency was willing to pay only $35,000 and refused to pay fees for post-hearing brief writing in excess of eight hours. The judge, however, sided with AFGE and dismissed most of the agency's arguments, reducing the award for fees by a mere one hour and 35 minutes.

"This is yet another example of AFGE's remarkable representation record at TSA," said AFGE General Counsel Mark Roth. "This is the first time in TSA's history that the agency has been made to pay attorney fees in an EEO case. We have been setting precedent after precedent through our representation of TSA employees over the past eight years. No other union can truthfully make this claim. In fact, while other unions are busy telling TSOs that they have no representation rights, AFGE just keeps answering the Hotline and stepping up to the plate."

Monday, August 10, 2009

TSA Union Applauds Movement To Name TSA Administrator

According to the Associated Press, the White House plans to pick a former FBI agent to be the next administrator of the TSA. AFGE applauded President Obama plan's to tap Erroll Southers to be the head of TSA.

"We are very pleased that the administration has heard AFGE on the dire need for a TSA administrator to be appointed," AFGE National President John Gage said. "We look forward to working with Mr. Southers to turn this agency around to one that its employees and the American public can be proud of."

"The question of bargaining rights at TSA is not a matter of 'if' but 'when,'" Gage said. "We are confident that the appointment of a new administrator will help put that matter to bed."

"This is a great day for Transportation Security Officers across the country. For nearly eight years, TSOs have had to deal with issues of health and safety, discrimination, selective hiring practices, nepotism, management intimidation, and reports of lax oversight at the agency with only AFGE to stand between them and an arbitrary and capricious management. With a new administrator and full workplace protections, they will have the full weight of civil service due process rights and labor law to add to the union protections AFGE has secured throughout the past years," he added.

AFGE has represented the TSA workforce since the agency was created in 2001. The union currently has approximately 11,000 dues-paying TSA members in 32 Locals nationwide.

"AFGE is the only union that can truthfully and proudly say that it has been fighting for collective bargaining for the entire eight years TSA has been in existence," Gage said. "This is a battle not just for bargaining rights, but for the respect and dignity long overdue to TSOs."