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

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....