Fri, Jan 10, 2003
TSA’s Loy Decides Collective Bargaining Cramps His
Style
James
Loy, Under Secretary of Transportation for Security, announced that
he has already signed an order precluding collective bargaining by
Transportation Security Administration (TSA) screeners after
unilaterally determining "mandatory collective bargaining is not
compatible with the flexibility required to wage the war against
terrorism."
The pensioned admiral Loy’s order was in response to
petitions filed with the Federal Labor Relations Authority by the
American Federation of Government Employees, which asked for
elections to designate the union as the exclusive representative of
TSA security screeners at New York LaGuardia and
Baltimore-Washington International airports.
'Work rules? We don't need no stinking work rules!'
"Fighting terrorism demands a flexible workforce that can
rapidly respond to threats," said Loy, who exercised his
near-unlimited discretion under the 2001 Aviation and
Transportation Security Act (ATSA). "That can mean changes in work
assignments and other conditions of employment that are not
compatible with the duty to bargain with labor unions." Loy said
screeners 'enjoy' many of the same protections as other federal
employees, including equal employment opportunity and whistleblower
protection. [In other words, some of the law still
applies, as long as he approves of it --ed.]
'You first...'
In
addition, several months ago, Loy sent a letter to all TSA
employees stating his commitment to creation of a model workplace
once the agency met critical passenger and baggage screening
deadlines. This week, he re-affirmed his commitment by directing
the establishment of a Model Workplace Group to design a plan
involving all TSA employees – including screeners – for
how best to address workplace issues. The program will be led by
TSA’s offices of civil rights, human resources, training and
a new ombudsman. The group will look for ways to promote high
performance and good management practices and propose strategies to
prevent and resolve conflicts. [...but he still holds all the
cards, and counts all the votes... all of which, incidentally, are
his --ed.]
"With our employees’ help, we have put in place a new
agency that is delivering world-class security and world-class
customer service," Loy said. "Now, we will work together to create
a world-class workplace." [If he wants to, and in his
image of what such a workplace would be --ed.]
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