Unions and National Security: Does the NLRB Have Jurisdiction over Privately-Employed Airport Screeners? Should it Decline to Exercise Jurisdiction?

By John R. Martin
March 04, 2006
After the September 11, 2001 attacks, Congress felt so strongly about airport and airline security that it created a federal agency—the Transportation Security Administration (TSA)—to be in charge of airport screening. All airport screeners must be TSA employees, with the exception of a pilot program operating in five airports where private companies provide the screeners. In January 2003, the head of TSA issued a directive forbidding
unions from obtaining monopoly-bargaining power over airport screeners, citing national security concerns....