H.R. 2507: Transportation Security Administration Employee Freedom Act of 2011

July 14, 2011 at 10:38 am | Posted in Aviation Law | Leave a comment

by P.J. Blount with the blog faculty

H.R. 2507: Transportation Security Administration Employee Freedom Act of 2011 was introduced on July 12, 2011 by Rep. Todd Rokita (R-IN4):

112th CONGRESS

1st Session

H. R. 2507

To exclude employees of the Transportation Security Administration from the collective bargaining rights of Federal employees and provide employment rights and an employee engagement mechanism for passenger and property screeners.

IN THE HOUSE OF REPRESENTATIVES

July 12, 2011

Mr. ROKITA (for himself, Mr. HARPER, Mr. FRANKS of Arizona, Mr. GRIFFIN of Arkansas, Mrs. ELLMERS, Mr. NUNNELEE, Mr. CONAWAY, and Mr. BUCSHON) introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To exclude employees of the Transportation Security Administration from the collective bargaining rights of Federal employees and provide employment rights and an employee engagement mechanism for passenger and property screeners.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Transportation Security Administration Employee Freedom Act of 2011′.

SEC. 2. EXCLUSION OF EMPLOYEES OF THE TRANSPORTATION SECURITY ADMINISTRATION FROM THE COLLECTIVE BARGAINING RIGHTS OF FEDERAL EMPLOYEES.

(a) In General- Section 7103(a) of title 5, United States Code, is amended–

(1) in paragraph (2)–

(A) in clause (iv), by striking `; or’ and inserting a semicolon;

(B) in clause (v), by striking the semicolon and inserting `; or’; and

(C) by adding at the end the following:

`(vi) an officer or employee of the Transportation Security Administration of the Department of Homeland Security;’; and

(2) in paragraph (3)–

(A) in subparagraph (G), by striking `; or’ and inserting a semicolon;

(B) in subparagraph (H), by striking the period and inserting `; or’; and

(C) by adding at the end the following:

`(I) the Transportation Security Administration of the Department of Homeland Security;’.

(b) Amendments to Title 49-

(1) TRANSPORTATION SECURITY ADMINISTRATION- Section 114(n) of title 49, United States Code, is amended by adding `This subsection shall be subject to section 7103(a)(2)(vi) and (3)(I) of title 5, United States Code.’ at the end.

(2) PERSONNEL MANAGEMENT SYSTEM- Section 40122 of title 49, United States Code, is amended–

(A) by redesignating subsection (j) as subsection (k); and

(B) by inserting after subsection (i) the following:

`(j) Transportation Security Administration- Notwithstanding any other provision of this section (including subsection (g)(2)(C)), this section shall be subject to section 7103(a)(2)(vi) and (3)(I) of title 5, United States Code.’.

(c) Effective Date- The amendments made by this section shall take effect on the date of enactment of this Act and apply to any collective bargaining agreement (as defined under section 7103(a)(8) of title 5, United States Code) entered into on or after that date, including the renewal of any collective bargaining agreement in effect on that date.

SEC. 3. EMPLOYEE RIGHTS AND ENGAGEMENT MECHANISM FOR PASSENGER AND PROPERTY SCREENERS.

(a) Labor Organization Membership; Appeal Rights; Engagement Mechanism for Workplace Issues-

(1) IN GENERAL- Section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) is amended–

(A) by striking `Notwithstanding’ and inserting the following:

`(1) IN GENERAL- Except as provided in section 883 of the Homeland Security Act of 2002 (6 U.S.C. 463) and paragraphs (2) through (5), notwithstanding’; and

(B) by adding at the end the following:

`(2) LABOR ORGANIZATION MEMBERSHIP- Nothing in this section shall be construed to prohibit an individual described in paragraph (2) from joining a labor organization.

`(3) RIGHT TO APPEAL ADVERSE ACTION- An individual employed or appointed to carry out the screening functions of the Administrator under section 44901 of title 49, United States Code, may submit an appeal of an adverse action covered by section 7512 of title 5, United States Code, and finalized after the date of the enactment of the FAA Air Transportation Modernization and Safety Improvement Act, to the Merit Systems Protection Board and may seek judicial review of any resulting orders or decisions of the Merit Systems Protection Board.

`(4) EMPLOYEE ENGAGEMENT MECHANISM FOR ADDRESSING WORKPLACE ISSUES- At every airport at which the Transportation Security Administration screens passengers and property under section 44901 of title 49, United States Code, the Administrator shall provide a collaborative, integrated employee engagement mechanism to address workplace issues.’.

(2) CONFORMING AMENDMENTS- Section 111(d)(1) of such Act, as redesignated by paragraph (1)(A), is amended–

(A) by striking `Under Secretary of Transportation for Security’ and inserting `Administrator of the Transportation Security Administration’; and

(B) by striking `Under Secretary’ each place it appears and inserting `Administrator’.

(b) Whistleblower Protections- Section 883 of the Homeland Security Act of 2002 (6 U.S.C. 463) is amended, in the matter preceding paragraph (1), by inserting `, or section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note),’ after `this Act’.