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59 FLRA No. 63
U. S. Dept. of Homeland Security, Border and Transportation Security Directorate Transportation Security Administration and AFGE, AFL-CIO, Case No. WA-RP- 03-0023, et al (Decided November 4, 2003)
The Petitioner sought review of the Regional Director's (RD's) decision to dismiss petitions seeking elections to determine whether employees, including passenger screeners, baggage screeners, and lead screeners, of the Transportation Security Administration (TSA) wished to be represented by the Petitioner for the purpose of collective bargaining. The Authority granted the Petitioner's application for review and affirmed the RD's decision to dismiss the petitions.
The Authority concluded that the RD correctly found that the petitions could not be processed under 5 U.S.C. § 7111 because of the Under Secretary's decision to exercise his unfettered discretion to preclude TSA screeners from being represented by an organization for the purposes of engaging in collective bargaining with the Agency. The Authority concluded that the RD did not fail to apply established law under § 2422.31(c)(3)(i) of the Authority's Regulations and, therefore, denied the application for review.