Mandatory Overtime and Operational Needs

Sisters, Brothers and Siblings,

There have been many Officers throughout our Local who have been inquiring about the policies and procedures surrounding overtime usage at our airports. Specifically, in regards to the use of the term “mandatory overtime” based on operation needs from TSA management. Your Local leadership, in an effort to ensure clarity and understanding, wanted to submit to you this written explanation of what your rights are and what the AFGE-TSA Collective Bargaining Agreement (CBA) and TSA Management Directive (MD) have to say regarding this topic.

The 2020 AFGE-TSA CBA does not in any way discuss overtime in reference to mandatory overtime. The CBA only uses the word over time 7 times none of which have anything to do with mandatory overtime and the ability or inability for TSA Management to require you to work it or not.

TSA Management Directive 1100.61-2, Hours of Duty for Operational Needs, effective November 14, 2019 section H(4):

“Managers may order employees to work hours that are in excess of the basic work requirement.”

This is where TSA has the authority to require BUE’s to work over their basic work schedules. However, it is also important to know that in section I(1) it states;

“There is no right to work overtime. All overtime must be ordered and approved in advance of the shift in which the overtime is to be worked.”

Management has the ability to view passenger metrics in advance of a shift and is to order and approve, verbally or in writing, all overtime in accordance with this section. If TSA Management makes the determination that passenger volumes are going to exceed their staffing needs and have followed these policies, they have the ability under these provisions to require staff to come in before or stay after their shift to meet the operations needs accordingly.

It has also been brought to our attention that Officers are being required to write a statement if they are unable to come in or stay after for mandatory overtime. TSA MD 1100.73-5, Employee Responsibilities and Code of Conduct, effective June 4, 2019 section F(1) states;

“Employees must cooperate fully with all TSA and DHS investigations and inquiries, including but not limited to inquiries initiated by supervisors and management officials, TSA Investigations (INV) or Department of Homeland Security Office of Inspector General (DHS OIG), unless a Garrity warning is issued to the affected employee. (NOTE: This warning may only be issued by authorized INV or DHS agents). See F.(5) below for additional information. This includes providing truthful, accurate, and complete information in response to matters of official interest, and providing a written statement, if requested to do so. Employees must follow established TSA and DHS procedures when responding to such request for information or testimony.” (Emphasis added)

AFGE Council 100 would like to encourage all BUE’s to comply with any request to write a statement from TSA Management when it is requested. After writing your statement ensure you signature, and date are affixed to it also. Before turning your statement into Management make certain you make a copy for yourself and a copy to turn into your respective Union Representative or Regional Vice President. Keep in mind a written statement is your statement, while it must be fully compliant with all TSA MD’s it is ultimately your statement and can say whatever you want, and NO ONE can tell you what to put in it or to change it. AFGE would appreciate your assistance in gathering these statements so we can assist you to ensure there is no favoritism, discrimination, or harassment.

AFGE and Council 100 have a zero-tolerance policy regarding harassment, retaliation, threatening behavior and/or language. Agreeable to TSA MD 1100.73-5; Employee Responsibilities and Code of Conduct section M(1);

“Violent, threatening, intimidating, or confrontational behavior is unacceptable and will not be tolerated. Threatening behavior may include harassment, intimidation, or any oral and/or written remarks or gestures that communicate a direct or indirect threat of physical harm, or which otherwise frighten or cause an individual concern for his or her personal safety. Such irresponsible and inappropriate behavior includes actions, gestures, language or any other intimidating or abusive action that creates a reasonable apprehension of harm. Employees, supervisors, and managers are responsible for enforcing the highest standards of personal safety and welfare at the workplace. Employees must immediately report threats of violence, violent incidents or other inappropriate behavior to their supervisors, Workplace Violence Coordinators, TSA Worksite Managers, or any TSA management official, as appropriate in the situation. Refer to TSA MD 2800.12, Workplace Violence Prevention Program, for additional information.”

If you or a coworker ever personally experience or witness any of these behaviors, PLEASE make certain you write a very detailed statement about the situation and turn it in to your respective Union Representative or Regional Vice President who will review it and move forward to action as necessary to file an Anti-Harassment case accordingly! If you ever are presented with anything other than a professional deminer from any TSA Management official a detailed statement needs to written and submitted to AFGE for immediate action!

Furthermore, TSA MD 1100.73-5 state in section N(1):

1. “TSA is committed to providing a work environment free from unlawful discrimination and retaliation and where the contributions of all employees are supported and encouraged without regard to non-merit factors. All conduct must be appropriate and supportive of a model work environment. For instance, engaging in discriminatory conduct, making disparaging remarks, expressing stereotypical views that reflect negatively on a particular group or individual, or displaying and/or distributing offensive materials that ridicule or defame a particular group that is prohibited in the workplace.”

As a member of AFGE you will receive full access to all the benefits that AFGE has to offer to include our Local Women’s and Fair Practices Coordinator, Council 100 Fair Practices Coordinator, AFGE attorneys employed by the AFGE National Women’s and Fair Practices department who all specialize in Worker’s Compensation, Sexual Harassment and Equal Employment Opportunity (EEO). If you are not a member, we would love to speak with you about how to join and get you the same level representation. If you should have any questions, please contact your C100 Regional Vice President or a Union Representative in your respective Local!