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NTEU efforts to fight for the workplace rights of TSA Officers have yielded positive results, helping dozens of employees fight back against management’s repeated efforts to mete out unmerited discipline, including untimely suspensions, unfair scheduling and job duty reassignments, and outright dismissals.

The union also has successfully reinstated numerous officers who have been fired for failing the required passenger screening exams. Trained, experienced NTEU staff attorneys have repeatedly gone before TSA’s internal personnel board to argue that the agency did not follow its own directives requiring all cross-trained employees who fail testing in their new positions to be moved back to their former positions before initiating any dismissal action.

Following are real-life examples of how NTEU is making a big difference in the TSA workplace:

In the wake of NTEU objections, local management at Los Angeles International Airport rescinded plans to institute an airport-wide “Summer Leave Blackout” and restrict Officers’ sick leave usage through Sept. 1. In a recent memorandum, the airport’s acting federal security director states that Officers at LAX will not be required to provide medical documentation for unscheduled sick leave absences lasting three days or less. This action came after NTEU President Colleen M. Kelley sent a letter to senior TSA officials in Washington, D.C., that raised several concerns about unfair AWOL charges and other unnecessary employee hardships that could have resulted from this change in policy. NTEU also successfully worked with California Reps. Laura Richardson (D), Grace Napolitano (D), Diane Watson (D) and Laura Sanchez (D) to sign a similar letter sent to Vera Adams, the acting federal security director at LAX.

At Chapter 323 (TSA Austin), NTEU representatives successfully challenged an Officer’s unfair AWOL charge that was given by a manager who was not on duty at the time of the alleged infraction. The Officer, who reported for work an hour late due to the daylight-saving time change, had an hour’s worth of annual leave approved by the manager on duty that day. When the Officer’sregular manager returned a few days later, the approved leave was revoked and the Officer was charged as AWOL instead. When chapter leaders and a local NTEU attorney contested the discipline—highlighting the Officer’s good attendance record as well as management’s conflicting actions—TSA officials at Austin-Bergstrom International Airport backed down and removed the charge from the Officer’s personnel file.

At Orlando International Airport, NTEU successfully represented Edgardo Burgos when the former dues-paying AFGE member was facing termination for alleged misconduct. After NTEU representatives highlighted several mitigating factors in Burgos’ defense, such as a spotless performance record, local TSA management reduced his proposed termination to a short suspension instead. Afterward, Burgos called NTEU “the kind of union that TSA Officers need.”

At Newark Liberty International Airport, NTEU convinced a peer review panel to rescind a proposed letter of reprimand for an officer stemming from an on-duty disagreement with another officer. NTEU pointed out the officer’s lengthy tenure and overall exemplary work record and the panel agreed that the letter of reprimand was inappropriate and recommended a letter of counseling.

At Chapter 330 (TSA Washington National), NTEU was successful in having an official letter of reprimand removed from the personnel file of an NTEU member who reported to work late due to a recurring medical issue. In a formal grievance, NTEU argued that Devin Reed’s absence was due solely to her illness and since TSA had prior knowledge of that illness, the proposed discipline was unfair. Following NTEU’s objections, the letter was rescinded.

At Chapter 318 (TSA Tampa), NTEU was able to persuade the Disciplinary Review Board (DRB) to reinstate a member falsely accused of theft. Citing a lack of evidence, the DRB vacated theft charges against TSA Officer Ronald Holloway and rescinded his removal, instead issuing Holloway a letter of reprimand for failing to follow management's instructions regarding the storage of personal items in the baggage area. Holloway also will receive full back pay for time missed while contesting the allegations.

Thanks to NTEU efforts, a TSA Officer at Greenville-Spartanburg International Airport in South Carolina was able to rebid on a preferred work shift after the first bid was denied for gender reasons.

Preferring to work the overnight shift, the officer came to NTEU when local TSA management issued an e-mail prior to a recent shift bid denying all female TSA Officers the opportunity to bid on the overnight shift, citing "operational needs." When local NTEU representatives pressed management to produce written documentation supporting their alleged needs, they declined to do so.

NTEU then assisted the officer in filing a workplace gender discrimination claim with the Equal Employment Opportunity Commission. Once local management was apprised of the claim and why it was filed, they reopened the shift bid with no restrictions.

NTEU attorneys at Seattle-Tacoma International Airport helped to return a TSA Officer to work after the officer was threatened with termination over an off-duty personal relationship. Management claimed the relationship violated the agency's employee conduct policy. In an oral reply, NTEU successfully argued that TSA's conduct policy was unclear in this situation and there was no evidence the officer's relationship negatively impacted job performance or TSA's security mission.

NTEU attorneys in Virginia won several grievances for TSA Officers at Newport News/Williamsburg International Airport who challenged management's attempts to force them to use their vacation time when a snowstorm prevented them from getting to work. NTEU President Colleen M. Kelley has advocated for TSA to implement a fair and consistent national emergency leave policy at airports across the country.

NTEU attorneys in Ohio saved the job of Chapter 319 (TSA Port Columbus) President Dale Lemmerman, who was threatened with termination for allegedly leaving his checkpoint while on duty. In an appeal before the Disciplinary Review Board, NTEU successfully proved that Lemmerman thought he was being relieved by a colleague and did not abandon his post.

And in another case, NTEU succeeded in getting a proposed removal for a Chapter 319 member who had allegedly “failed to follow directions” reduced to a three-day suspension.

After weeks of pressure, NTEU representatives in Portland, Maine, and Chapter 324 (TSA Maine) leaders were able to get TSA management at Portland International Jetport to agree to purchase several heavy duty coats for officers to wear while working outside the terminals in cold weather.

In South Carolina, NTEU objected to several incidents of anti-union bias expressed by TSA supervisors at Myrtle Beach International Airport, including reports of e-mails sent to employees by management on the agency's internal e-mail system that were derogatory toward unions and union activity at TSA. In a letter to the federal security director at the airport, NTEU attorneys noted that TSA management is obliged by law to stay neutral on the subject of unions in the workplace and is not allowed to interfere with, or harass, employees who engage in union activities while off-duty, at lunch, or on break. Airport management responded quickly to assure NTEU that it would remain neutral toward union activities.

NTEU helped a member at Tampa International Airport whose job was threatened by management in a dispute over
paperwork for a performance award. NTEU attorneys pointed out the employee’s exemplary performance record to
airport management and successfully urged them to reinstate the employee.

El Paso International Airport

NTEU saved the jobs of two TSA employees at Phoenix Sky Harbor International Airport after they were threatened with termination following an alleged security breach. NTEU attorneys helped the employees prove that management’s evidence in the case was inconclusive and biased, and as a result, management revoked the employees’ letters of termination.

At El Paso International Airport, NTEU got a member returned to work after management had placed the officer on mandatory leave and refused all requests for reinstatement. The member even had proper medical clearance to return to work and perform regular duties. As soon as NTEU filed a grievance on the employee’s behalf, TSA backed off, reinstated the employee and restored more than four weeks of personal leave.

At Charlottesville-Albemarle [Virginia] Airport, NTEU's hard work led to a TSA employee being awarded a fair final PASS rating for 2009, as well as a 4 percent raise and $1,000 bonus payment that came with it.

NTEU attorneys filed a grievance on behalf of the officer who challenged a low year-end PASS rating that was based on management's unfair application of TSA's unexcused absence policy. As a consequence, the employee was denied a $1,000 bonus and was set to receive a 2 percent raise instead of a 4 percent raise

Under TSA's AWOL policy, fewer than five unexcused absences of less than two hours each cannot justify a reduction in an employee's final PASS rating. When NTEU pointed out that the employee in question only had three unexcused absences, all of which were less than two hours, management reversed its decision and awarded the employee appropriately.

In Texas, Chapter 323 (TSA Austin) President Bob Bartz filed a successful grievance forcing management to allow off-duty chapter members and other TSA employees at Austin-Bergstrom International Airport who attended a security briefing to claim overtime.

Following the failed Christmas Day bombing attempt over Detroit, TSA employees on the morning shift at Austin were required to stay after the shift ended to attend a mandatory meeting on the incident.

The employees were verbally instructed by management at the meeting to include 15 minutes of overtime duty on their time cards. Later, several TSA supervisors refused to accept the overtime requests, saying overtime had not been officially authorized.

At Chapter 311 (TSA LaGuardia), instead of a grievance, one phone call was all it took for NTEU to get TSA management to change course after it tried to implement a new policy regarding employee cell phone use that contradicted the agency's national policy.

All cell phones brought to work, management said, were to be kept in employee lockers during their shift. According to national TSA policy on personal electronic equipment, employees may carry cell phones while at work, but can only use them in designated areas during off-duty rest or meal breaks. (TSA Directive No. 1100.73-2).

In response, Chapter 311 President Yasir Sheikh contacted the local NTEU attorney who quickly got in touch with senior airport officials. Within 24 hours, LaGuardia's federal security director told management that unilateral changes to national TSA policy were unacceptable and to revert back to following national TSA policy on all workplace issues.

"Chapter members and other employees here at LaGuardia are very happy to see how quickly we got results thanks to NTEU," Sheikh said.

At Chapter 304 (TSA JFK), NTEU attorneys successfully represented a TSA employee challenging a letter of reprimand for misconduct before a peer review panel. The misconduct had allegedly occurred after an unauthorized item was found during a TSA training session.

Once NTEU highlighted the employee's exemplary performance record and explained that proper protocol and chain of command had been followed in the wake of the incident as required, the peer review panel overturned management's reprimand. 

The union recently won a fight to represent a Chapter 313 (TSA Miami) member who was denied NTEU representation during an oral reply following a proposed suspension notice. Airport management told the officer that since TSA employees do not have collective bargaining rights, they have no right to union representation.

A local NTEU attorney contested this claim and TSA officials immediately backed down, rescheduled the oral reply and allowed NTEU to represent the grievant.

At Chapter 327 (TSA Charlotte), NTEU successfully returned to work a member who sought a reasonable accommodation request after being forced to take LWOP for exceeding the maximum days (180) allowed for light duty assignments.

When TSA challenged the employee’s medical clearance to return to work, NTEU responded by sending airport officials a letter threatening legal action for preventing a legal reasonable accommodation request.

Upon receipt of the letter, management immediately relented and allowed the member back to work. Since NTEU's victory, airport officials have allowed many other TSA employees at the airport the opportunity to make reasonable accommodation requests.

In Texas, NTEU secured a well-deserved promotion for a TSA employee after the request was originally denied by management on the grounds that it would constitute a conflict of interest with another employee. In a phone call to airport management, a local NTEU attorney explained that no conflict of interest existed because the two employees in question worked different shifts and would not interact while on duty. TSA officials agreed and granted the employee’s original promotion request.

An NTEU attorney helped a Chapter 310 (TSA Atlanta) member keep her job as a passenger screener after management threatened the employee with dismissal for allegedly texting while on duty. When NTEU questioned the validity of the charge, local TSA management immediately rescinded the removal notice.

When management at Miami International Airport threatened to unilaterally strip more than 60 full-time TSA baggage screeners of their baggage certifications and force them to transfer into part-time baggage or checkpoint positions, NTEU quickly responded.

After requests to review the matter with management were ignored, NTEU attorneys filed an airport-wide grievance on behalf of the employees.

Within days, TSA management notified NTEU that they were reversing course, reinstating all baggage screener certifications and returning all transferred employees to their previous positions.

"Without NTEU's efforts from the beginning of this ordeal, this would not have been possible," said Jorge Garcia, the interim president of NTEU Chapter 313 (TSA Miami).

During the course of events, several former AFGE members at Miami dropped their membership in favor of NTEU because AFGE refused to help them fight for their rights and win back their jobs and certifications

Hartsfield-Jackson Atlanta International Airport

NTEU helped two TSA Officers at Hartsfield-Jackson Atlanta International Airport regain their jobs after they were fired for failing to pass the required passenger screening exam. The employees were not given the opportunity to return to their previous baggage screening positions, even though both were certified to do so. The union successfully argued before TSA’s internal board that the agency did not follow its own directives that require cross-trained employees who fail testing in their new positions to be moved back to their former positions before any dismissal is initiated. Both employees returned to work—and received full back pay.

NTEU success stories like these gives many TSA employees hope that the union will soon achieve its larger goals of fairness, respect, recognition and collective bargaining rights in the workplace.