Thursday, September 6th, 2007...7:14 am
9th Cir: Judicial Review for TSA Screener’s Claims
A TSA probationary “security screener,” employed under a statute that bars him from any administrative remedies, may still sue in District Court to obtain equitable relief for violation of his constitutional rights, though Congress could eliminate even that limited right it if expressed itself clearly. So held the 9th Circuit in AFGE Local 1 v. Stone, ___ F.3d ___, 2007 WL 2482144 (9th Cir. Sept. 5, 2007). Here, the court permits the employee to sue for injunctive relief (reinstatement and correction of records, and possibly back pay) for TSA’s termination of him in (alleged) retaliation for his union organizing efforts. (Even though the TSA Act bars collective bargaining, the employees still have the 1st Amendment right to join a union for lesser goals.)
Judge Holland from the District of Alaska was part of the unanimous panel.
More discussion at Workplace Professor.
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