"Union, agency continue tug-of-war over airport screener layoffs"

September 4, 2003

Union, agency continue tug-of-war over airport screener layoffs 
By Tanya N. Ballard
GovExec.com


A legal wrangle between the largest federal employee union and the
Transportation Security Administration escalated last week when agency
officials deflected accusations that recent downsizing initiatives
violated employee rights.

Three months ago, agency officials committed to eliminating as many as
6,000 screener jobs by Sept. 30, through attrition, transfers and, if
necessary, layoffs based on employee performance. After a second review,
agency officials decided that workforce restructuring was needed, with
some airports losing screeners and others gaining part-time workers to
help during peak hours. At that time, TSA said that employees would be
given the chance to transfer to understaffed airports and receive as
much as $5,000 to help pay relocation costs. 

In August, American Federation of Government Employees officials filed a
lawsuit against TSA alleging that the agency ignored veterans'
preference and other federal workforce reduction rules during recent
screener layoffs. Established reduction-in-force rules protect veterans,
long-time federal employees, and employees who have received positive
performance evaluations.

In its lawsuit, AFGE asked that the RIF be redone and asked the court to
issue a temporary restraining order preventing TSA from hiring new
screeners until a judge ruled on the lawsuit. 

While an agency spokesman said he could not comment on pending
litigation, in an Aug. 25 response to the lawsuit, attorneys for TSA
pointed out that the 2001 law creating the agency gave its administrator
broad discretion to hire and fire screeners. They also argued that union
officials failed to show how preventing further workforce reductions
would benefit those employees who were already laid off. 

In a rebuttal filed Aug. 27, AFGE attorneys accused the agency of
wanting to "have its cake and eat it, too."

Darrin Kayser, the TSA spokesman, said the agency was "committed to a
diverse workforce which includes many veterans nationwide."

The case is pending before a federal judge.


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