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  • Chaffetz

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    Letter from Rep. Jason Chaffetz, R-Utah, to TSA Administrator John Pistole, Feb. 9, 2011.

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    Letter from Rep. Jason Chaffetz, R-Utah, to TSA Administrator John Pistole, Feb. 9, 2011.

    Copyright:

    Attribution Non-Commercial (BY-NC)
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    366 Ansichten8 Seiten

    Chaffetz

    Hochgeladen von

    David Freddoso
    Letter from Rep. Jason Chaffetz, R-Utah, to TSA Administrator John Pistole, Feb. 9, 2011.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Als PDF, TXT herunterladen oder online auf Scribd lesen
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    ONE HUNDRED TWELFTH CONGRESS Congress of the United States House of Representatives COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM 2187 Ravauan House OFFICE BUILDING ‘WastincTon, DC 20516-6143, February 9, 2011 ‘The Honorable John S. Pistole Administrator Transportation Security Administration 601 South 12th Street Arlington, VA 20598 Dear Administrator Pistole: The Committee on Oversight and Government Reform is conducting oversight of the Transportation Security Administration’s (TSA) decision to extend union organizing and collective bargaining rights to approximately 50,000 transportation security officers (TSOs). As part of this oversight, I am writing to request documents and information relating to your decision to allow the majority of your workforce, the front line of our national security efforts, to unionize and engage in collective bargaining. The Aviation and Transportation Security Act of 2001 (ATSA) grants you broad authority to set the rules governing the terms and conditions of employment for TSOs.' As you know, ATSA has delegated to you sole authority to establish compensation levels and other benefits for TSA employees.” ‘The law permits you to extend organizing and collective bargaining rights to your workforce.> None of your predecessors, however, acted on this wide-ranging authority to grant TSOs the ability to unionize and permit their union representative to engage in collective bargaining. For your predecessors, refusing to engage in collective bargaining appeared to be a necessary employment decision required to prioritize the safety of Americans. In 2003, TSA Administrator James M. Loy concluded: [U]n light of their critical national security responsibilities, [TSOs] shall not, as a term or condition of their employment, be entitled to engage in ' The Aviation and Transportation Security Act of 2001 (ATSA), P.L. 107-71, Section 111 7 ATSA, Section 111(d), 49 U.S.C. § 44935 note, » See Id. The Honorable John S. Pistole February 9, 2010 Page 2 collective bargaining or be represented for the purpose of engaging in such bargaining by any representative or organization. In your recent Determination Memo (Determination),’ however, you expressly granted TSOs the opportunity to unionize and engage in collective bargaining on significant conditions of employment. 1 am troubled to learn of this decision to deviate from a well-established precedent set by your predecessors. I am also concemed that you have characterized your sharp reversal of Administrator Loy’s 2003 Determination as merely a slight “modification.”* Your characterization is misleading at best. This spring, the Federal Labor Relations Authority, an independent administrative federal agency, will hold elections to determine whether the American Federation of Government Employees or National Treasury Employees Union will exclusively represent TSOs in negotiations with your agency.’ Among the issues already subject to negotiation, you have agreed to bargain on some significant conditions - including the perlormance management process, the awards and recognition process, attendance management process, shift and annual leave bid process, shift trade policy, transfer policy, in addition to a number of other considerable issues.* While you assert TSA “will not negotiate on security.”” it appears many of the employment conditions subject to collective bargaining have a direct impact on the quality of airport security. Collective bargaining rights would unquestionably prevent maximum flexibility in adapting to grave security threats. In the past, maximum flexibility to adjust and react to evolving threats has proved to be a vital part of our homeland security apparatus. Following the 2006 transatlantic aircraft plot to detonate Jiquid explosives, for example, TSA restricted travelers from carrying liquids on passenger aircraft.'" | am concerned that due to your change in policy, TSA may need union approval to sign off on critical and swift adjustments to airport security protocols. “TSA, Determination Memo regarding collective bargaining, Administrator Loy, (Jan. 2003); S http:/swww laborrelationscounsel.com/collective-bargaining/lra-grants-tsa-employees-right-to-clect representation-but-not-to-collectively-bargain (last visited Februaty 7, 2011). “TSA, Determination Memo re: collective bargaining, Administrator Pistole (Feb. 2011) * See 1d, pg. 2 ” See, tp: /articles.cnn.com/201 |-02-04/travel/tsa.collective.bargaining_1_airport-screeners-tsa-officials bargaining-table?_s-PM:TRAVEL (last visited February 7, 2011) Supra, note 5, pg. 9 " Press Release, "TSA Administrator: ‘We Will Not Negotiate on Security,”” February 4, 2011 \" irlines “Terror Plot’ Disrupted,” BBC NEWS, Aug... 10, 2006. Sechitp:/inews.bbe.co.uk/2/hi/uk_news/4778575.stm (last visited February 7, 2011), The Honorable John S, Pistole February 9, 2010 Page 3 I agree that employee engagement and morale are both critical to bolstering national security. You cite the need to boost low employee “morale” and increase “employee engagement” as a significant basis for your determination to permit unionization,” If you desire to build on TSA’s existing efforts to boost employee morale, the Committee is willing to listen to and explore reasonable suggestions on how to improve morale and increase motivation among TSOs. Improving the TSO workforce can be achieved without compromising national security or permitting organizing rights. In order to assist the Committee with its oversight, the Committee requests that the ageney produce the following documents for the time period June 24, 2010 to the present: 1, All documents and communications referring or relating to employment conditions, Section 111(d) of ATSA, 49 U.S.C. S 44935 note, between TSA personnel and the American Federation of Government Employees; 2. All documents and communications referring or relating to employment conditions, Section 111(d) of ATSA, 49 U.S.C. S 44935 note, between TSA personnel and the National Treasury Employees Union; and 3. All. documents and communications referring or relating to airport security that were discussed or evaluated in the decision-making process that resulted in the February 4, 2011 Determination Memo. The Committee on Oversight and Government Reform is the principal oversight ttee of the House of Representatives and may at “any time” investigate s set forth in House Rule X, An attachment to this letter pro information about responding to the Committee's request. We request that you provide the requested documents and information as soon as possible, but no later than 5:00 p.m. on February 23, 2011. When producing documents to the Committee, please deliver production sets to the Majority Staff in Room 2157 of the Rayburn House Office Building and the Minority Staff in Room 2471 of the Rayburn House Office Building. The Committee prefers, if possible, to receive all documents in electronic format. pe. 2. ‘The Honorable John S, Pistole February 9, 2010 Page 4 If you have any questions about this request, please contact Mitchell Kominsky or ‘Thomas Alexander of the Committee Staff at 202-225-5074. Thank you for your attention to this matter. Sincerely, ; ) Darrell Issa Jason Chaffetz Chairman Chairman Committee on Oversight Subcommittee on National Security, and Government Reform Homeland Defense and Foreign Operations Enclosure ce: ‘The Honorable Elijah E. Cummings, Ranking Minority Member Committee on Oversight and Government Reform ‘The Honorable John Tierney, Ranking Minority Member Subcommittee on National Security, Homeland Defense and Foreign Operations DARRELL E. ISSA, CALIFORNIA ELJAH E. CUMMINGS, MARYLAND CHAIRMAN RANKING MINORITY MEMBER ONE HUNDRED TWELFTH CONGRESS Congress of the Anited States House of Representatives COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM 2187 Raveunn House Orrice BuLoiNG Wasuincton, DC 20515-6143 jority (20) 28-2074 Minority (202) 26-5051 Responding to Committee Document Requests 1. Incomplying with this request, you should produce all responsive documents that are in your possession, custody, or control, whether held by you or your past or present agents, employees, and representatives acting on your behalf. You should also produce documents that you have a legal right to obtain, that you have a right to copy or to which you have access, as well as documents that you have placed in the temporary possession, custody, or control of any third party. Requested records, documents, data or information should not be destroyed, modified, removed, transferred or otherwise made inaccessible to the Committee. 2. Inthe event that any entity, organization or individual denoted in this request has been, or is also known by any other name than that herein denoted, the request shall be read also to include that alternative identification. 3. The Committee's preference is to receive documents in electronic form (i.e., CD, memory stick, or thumb drive) in liew of paper productions. 4, Documents produced in electronic format should also be organized, identified, and indexed electronically. 5. Electronic document productions should be prepared according to the following, standards: (a) The production should consist of single page Tagged Image File (“TIF”), files accompanied by a Concordance-format load file, an Opticon reference file, and a file defining the fields and character lengths of the load file (b) Document numbers in the load file should match document Bates numbers and TIF file names. (©) If the production is completed through a series of multiple partial productions, field names and file order in all load files should match 6 9, 10. 13. Documents produced to the Committee should include an index describing the contents of the production. ‘To the extent more than one CD, hard drive, memory stick, thumb drive, box or folder is produced, each CD, hard drive, memory stick, thumb drive, box or folder should contain an index describing its contents Documents produced in response to this request shall be produced together with copies of file labels, dividers or identifying markers with which they were associated when they were requested. When you produce documents, you should identify the paragraph in the Committee's request to which the documents respond. 1t shall not be a basis for refusal to produce documents that any other person or entity also possesses non-identical or identical copies of the same documents, Iany of the requested information is only reasonably available in machine-readable form (such as on a computer server, hard drive, or computer backup tape), you should consult with the Committee staff to determine (he appropriate format in which to produce the information. If compliance with the request eannot be made in full, compliance shall be made to the extent possible and shall include an explanation of why full compliance is not possible. In the event that a document is withheld on the basis of privilege, provide a privilege Jog containing the following information concerning any such document: (a) the privilege asserted: (b) the type of document; (¢) the general subject matter; (d) the date, author and addressee: and (e) the relationship of the author and addressee to each other, Ifany document responsive to this request was, but no longer is, in your possession, custody, or control. identify the document (stating its date, author, subject and recipients) and explain the circumstances under whieh the document ceased to be in your possession, custody, or control. Ifa date or other descriptive detail set forth in this request referring to a document is inaccurate, but the actual date or other descriptive detail is known to you or is otherwise apparent from the context of the request, you should produce all documents which would be responsive as if the date or other descriptive detail were correct The time period covered by this request is included in the attached request. ‘To the extent « time period is not specified, produce relevant documents from January 1, 2009 to the present. ‘This request is continuing in nature and applies to any newly-discovered information. Any record, document, compilation of data or information, not produced because it has not been located or discovered by the return date, shall be produced immediately upon subsequent location or discovery 17, All documents shall be Bates-stamped sequentially and produced sequentially 18. Two sets of documents shall be delivered, one set to the Majority Staff and one set to the Minority Staff, When documents are produced to the Commitee, production sets shall be delivered to the Majority Staff in Room 2157of the Rayburn House Office Building and the Minority Staff in Room 2471 of the Raybum House Office Building. 19, Upon completion of the document production, you should submit a written certification, signed by you or your counsel, stating that: (1) a diligent search has been completed of all documents in your possession, custody, or control which reasonably could contain responsive documents; and (2) all documents located during the search that are responsive have been produced to the Committee, Definitions 1, The term "document" means any written, recorded, oF graphic matter of any nature whatsoever, regardless of how recorded, and whether original or copy, ineluding, but not limited to, the following: memoranda, reports, expense reports, books, manuals, instructions, financial reports, working papers, records, notes, letters, notices, confirmations, telegrams, receipts, appraisals, pamphlets, magazines, newspapers, prospectuses, inter-office and intra-office communications, electronic mail (e-mail), contracts, cables, notations of any type of conversation, telephone call, meet other communication, bulletins, printed matter, computer printouts, teletypes,

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