| Description |
This Comment demonstrates that all airline and airport employees, including security screeners, need significant whistleblower protection, and that OSHA is the best agency to administer such a program. Ideally, whistleblowers would have a private right of action to litigate claims of retaliatory action in Article III courts; however, until administrative requirements are removed, an OSHA-enforced program is the superior alternative. First, this Comment discusses the scanty whistleblower protection formerly available to airport employees and why airline employees need extra whistleblower protection, despite the additional costs involved. This Comment describes the strengths of the new AIR21 procedures and shows how commercial airline employees and the public will benefit greatly from an OSHA-enforced program.
Second, this Comment shows that airport baggage screeners need the same level of whistleblower protection as other airline and airport employees. Initially, security screeners were without whistleblower protections. Later, the TSA begrudgingly granted airport baggage screeners whistleblower protection through a special agreement with the Office of Special Counsel (OSC). After Congress transferred the DOT and its sub-agency, the TSA, to the Department of Homeland Security (DHS), security screeners were afforded the same protections as other DHS workers; however, the protection provided is inadequate and does not encourage employees to come forward with violations that may have serious safety and security implications. AIR21 should be expanded to cover security screeners.
Last, this Comment argues that OSHA should be the agency responsible for the administration of whistleblower protection for all airline and airport employees. While it would be best for whistleblowers to bring their suits directly to federal court before an impartial third-party adjudicator, a whistleblower program administered by OSHA is the next best alternative for aviation employees. Under AIR21, claimants have all-circuit review, a clear advantage over Whistleblower Protection Act (WPA) claims that must be reviewed in the Federal Circuit Court of Appeals, where precedent heavily favors employers. In addition, OSHA has accumulated significant experience and expertise in the area of whistleblower protection and is better equipped to address the needs of employees. As part of the Department of Labor, OSHA will serve as the worker-safety oriented third party in worker protection disputes, whereas the TSA, like the Federal Aviation Administration (FAA), has a mandate that is not necessarily in accordance with the best interests of employees. (Description from Source) |