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Effect given to the recommendations of the committee and the Governing Body - Report No 368, June 2013

Case No 2292 (United States of America) - Complaint date: 14-AUG-03 - Closed

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Effect given to the recommendations of the Committee and the Governing Body

Effect given to the recommendations of the Committee and the Governing Body
  1. 27. The Committee last examined this case at its November 2011 meeting when it noted with interest the information provided by the Government that Transport Security Officers (TSOs) had been provided with a framework for engaging in collective bargaining over certain issues and that an election to determine union representation for TSOs was to take place in March and April 2011 [see 362nd Report, paras 53–57]. The Committee requested the Government to keep it informed of developments in this regard.
  2. 28. In its communication dated 11 October 2012, the Government informs the Committee that the Transport Security Administrator issued a determination entitled “Transportation Security Officers and Collective Bargaining” which provides for a representation election and if a union is elected, sets out a process for a collective bargaining framework unique to the Transport Security Administration (TSA) that does not conflict with its mission to protect public security. It permits TSOs exclusive representative to bargain collectively over issues including: the performance management process to the extent not otherwise excluded; the awards and recognition process; the attendance management process; certain shift and annual leave bidding; the shift trade policy; the transfer policy; the process for work status change from full time to part time and vice-versa; uniforms and uniform allowance not including relevant security requirements; and parking subsidies. The determination also commits to establish a dispute settlement resolution system for employees and commits to allow the exclusive representative to suggest modifications to the system. The American Federation of Government Employees (AFGE) was elected by the TSOs as their exclusive representative in a run-off election held from 23 May to 21 June 2011. The AFGE was certified by the Federal Labor Relations Authority as the exclusive bargaining representative of the TSOs on 23 June 2011. The parties reached a tentative collective bargaining agreement which was submitted for ratification by AFGE members during the period of 1 October–9 November 2012. In its communication dated 23 January 2013, the Government adds that the contract, which has a duration of three years, was ratified on 9 November 2012 by a vote of 17,236 to 1,774.
  3. 29. The Committee notes this information with satisfaction.
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