TSA-MSPB Whistleblower Program Can’t Take the Place of Statutory Rights for TSOs

Press Release July 31, 2008

Washington, D.C.—The leader of the union representing thousands of front-line border security workers today reiterated her strong support for a pending legislative proposal that would grant Transportation Security Administration (TSA) employees whistleblower rights by statute.

President Colleen M. Kelley of the National Treasury Employees Union (NTEU) made that assertion in the wake of an announcement from TSA and the Merit Systems Protection Board (MSPB) that they are implementing an agreement reached earlier this year providing for the appeal by TSA employees to the MSPB of alleged incidents of whistleblower reprisal.

“An agreement that can be revoked by TSA on thirty days notice essentially keeps the whistleblower rights of TSA employees in the hands of management,” said President Kelley. “These employees deserve to have this right set out by statute, particularly in light of all the problems impacting the TSA workplace.” The NTEU-supported measure is H.R. 985, approved by the House last spring.

“They also deserve to enjoy the same collective bargaining rights as other federal employees, so that they can raise their claims of retaliation through the grievance-arbitration procedure, which is a less formal and frequently more efficient forum for adjudicating whistleblower cases than is the MSPB,” the NTEU leader said,.

“This is a critical matter not only for TSA employees,” she said, “but for the traveling public whose safety and security rests in their hands. Whistleblowers perform a vital function in highlighting instances of waste, fraud, abuse, mismanagement and more—and it is clear that there needs to be an independent review readily available for employees.”

NTEU represents thousands of TSA passenger screeners at three of the nation’s largest airports —John F. Kennedy International and LaGuardia in New York, and Atlanta Hartsfield-Jackson International Airport.

Along with H.R. 985, NTEU is pursuing a comprehensive multiple-point program to secure and protect the rights and interests of Transportation Security Officers (TSOs). In January, NTEU introduced the plan, including gaining whistleblower rights for TSOs.

This includes support for H.R. 3212, which would provide them with the same collective bargaining rights that are widespread in the Department of Homeland Security (DHS); coverage under the General Schedule pay system, rather than the present arbitrary merit pay system that is widely distrusted by TSOs; adequate staffing and fair scheduling; and significantly improved training and certification programs.

Collective bargaining rights, President Kelley said, would allow TSA employees to challenge claims of retaliation for whistleblower activity through the grievances process—as other federal employees may do.

TSA has the highest turnover rate in the federal sector and faces serious morale issues in the workplace. A recent report by the DHS inspector general found that TSA’s internal dispute resolution mechanisms are completely ineffective in addressing its problems.

NTEU is the largest independent federal union, representing 150,000 employees in 31 agencies and departments.

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