Appeals Court Sides With Union, TSA Airport Screener

[Omaha Steve]

http://www.washingtonpost.com/wp-dyn/content/article/2007/09/06/AR2007090602686_pf.html

Appeals Court Sides With Union, TSA Airport Screener

By Stephen Barr
Friday, September 7, 2007; D04

Even though the government's 43,000 airport screeners do not have full civil service rights, they still can file claims under the Constitution, a U.S. appeals court has ruled.

The ruling came in a case brought by a union and John Gavello, who had worked as a federal security screener at the Oakland International Airport. He was fired in 2004 after being warned by his bosses against posting union materials without their approval.

In their suit, the American Federation of Government Employees and Gavello contended that the Transportation Security Administration violated his First Amendment rights of speech and free association by firing him.

The government countered that Congress had precluded judicial review of screeners' constitutional claims because screeners were excluded from civil service job protections when the TSA was created in 2001.

The U.S. District Court for the Northern District of California in 2004 agreed with the government, but that decision was reversed Wednesday by the U.S. Court of Appeals for the 9th Circuit.

Writing on behalf of a three-judge appeals court panel, Judge William A. Fletcher said, "If Congress wishes to deny federal employees the ability to redress alleged constitutional violations, it must state its intention clearly."

Fletcher sent the case back to the district court, saying that the court has jurisdiction over Gavello's claims and that the AFGE has standing to bring the case.

FULL story at link.