NTEU Sues TSA For Review Test Data on Members

By ARI PAUL

The U.S. Transportation Security Agency wrongfully withheld information regarding review exams for its employees, the National Treasury Employees Union alleged in a lawsuit filed last month.

COLLEEN M. KELLY: Need fair screening process.

In a Freedom of Information Act request last June, the union asked for "non-exempt records related to the annual proficiency review tests that all [officers] must pass in order to establish their continued proficiency in performing screening functions," the complaint filed in U.S. District Court for the District of Columbia stated. The union represents TSA screeners at Hartsfield-Jackson Atlanta International Airport.

Sought Scores, Exam Data

Specifically, the union asked for records regarding passing scores, development of the exams and management directives, the complaint stated, and the deadline for responding has long since passed with no results.

"NTEU has requested records that are not specifically exempted by FOIA and for which disclosure is not otherwise prohibited by law," the complaint said. "TSA's failure to respond to NTEU's request and its failure to produce the requested records violates FOIA.

NTEU President Colleen M. Kelley said in a statement: "Congress created the certification requirement to make sure that the screener workforce possesses, on an on-going basis, the necessary knowledge, skills and abilities for successful performance of their critical security functions. This important purpose can only be satisfied if the certification process is accurate, fair and free from discrimination."

Both the NTEU and American Federation of Government Employees, which also represents TSA screeners around the country, have argued that capricious scheduling and understaffing are causing low morale in the agency, leading to high attrition. TSA workers currently lack the right to engage in collective bargaining despite union representation.