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Does the FAA Whistler Blower Program really protect all airport employees?

 
by John P. Suter





Americas busy airports



"The U.S. National Airspace System is the busiest in the world. There are over 450 towered airports that handle more than 180,000 airport operations — take-offs and landings — a day. The National Airspace System (NAS) relies on smooth coordination among 15,000 air traffic controllers, 600,000 pilots, and thousands of people and organizations to operate safely and efficiently" -- FAA Runway Safety Report 2000

Air travel in the USA....It has never been safer.  Along with the new security measures taking place across the country, TSA continues to improve and refine our processes in order to provide customers with a high level of customer service -- Transportation Security Administration




A major function of airports is to be on time. Planes must not be delayed. Planes must arrive on time. Passengers must board on time. There must not be a delay anywhere.


Why? Time is money. How many airports would lose the business of airlines industry if they could not move passengers on to planes without creating huge delays?


Airlines want efficiency. They want to make as many trips as possible between New York and Houston on any day and work pilots as many hours as are humanly possible. Airlines punish anyone who fails to deliver on this.


Hence, airports focus on timeliness. Indeed, this was their primary focus until Sept. 11, 2001, when a few dozen men with box-cutters disarmed a rather fragile airport security system. And until then, airport security was managed by privately contracted security firms with minimal to no abilities to avert a terrorist attack in airports, let alone on planes. In fact, there was no way to do this.


After 9/11 airport security has become another challenge for airports. Those that don't meet aviation security standards -- airlines and airports alike -- come under public scrutiny eventually facing law suits and losing business. Hence, there are US Marshalls on every flight -- covered by Federal Law and monies to guard passengers on planes. The Department of Homeland Security and Transportation Security Administration have new measures in place to check passengers who board planes.  

But what if these measures are not in place in any airport or those in charge of enforcing these are not able to due to lack of funds? If an employee working in the airport is worried that the airport safety is lacking in such situations and wants to report it to the media or even the Mayor or the local Congressman, will he or she be fired?



Because Sept. 11, 2001 began at some prominent airports in America and because airport security determines whether terrorist acts can be stopped, it is important for all of us to take the time to study what has been done so far to raise airport security. In this article, I discuss a major loophole in airport security that needs to be addressed right now and cannot be done without your help.





The FAA Whistler Blower Protection Program



How can airports be made safer if those who are in management of airports will hide them and those who are employees are afraid to report problems? Seeing the need to protect whistler blowers and not to punish them, legislators in the Congress came up with a law after September 11, 2001. Airlines employees and their contractors now have a law that protects them when they speak out on aviation safety/security issues.  It is called the Whistler Blower Protection Program.  The FAA site states:


The Whistleblower Protection Program provides protection from discrimination for air carrier industry employees who report information related to air carrier safety or participate in other protected activities.

Employees of air carriers, their contractors, and their subcontractors, are protected from retaliation, discharge or otherwise being discriminated against for providing information relating to air carrier safety violations to their employer or to the Federal Government, or filed, testified, or assisted in a proceeding against the employer relating to any violation or alleged violation of any order, regulation, or standard of the Federal Aviation Administration or any other Federal law relating to air carrier safety, or because they are about to engage in any of these actions.

To qualify for protection under the Whistleblower Protection Program, you must:

  1. Be or have been an employee mentioned above,
  2. Be or have been engaged in an activity mentioned above, and
  3. Believe you are being or have been discriminated against by your employer for engaging in an activity mentioned above.




A Perfect Law?


It would seem that the Program protects all employees. Indeed this is misleading.


Local government airport maintenance employees  -- city, county, state and municipality level -- who work at America’s four hundred and fifty FAA towered airports do not have this protection. Why is that? Especially considering the fact that airports are businesses operated by the Cities -- NOT the Federal Government, and that local government employees are more likely to be working at airports than federal government employees?


How then does the FAA Whistler Blower Program protect the regular employees at airports from reporting security issues? If at all, if keeps open the right to fire any employee who might report or threaten to report such flaws.





Why no City/State Level Protection from the Federal Government?


If City Governments are running airports then they are the one’s who are responsible for any security lapse leading to another 911.  Logan Airport officials report to the City of Boston. This means that the Mayor of a City and his/her government are directly to blame if airport security at Logan Airport is unsatisfactory. 


As such there should be City and State level Whistler Blower Protection Programs, if indeed the Federal Government has no authority over airports in the US.





What Happens when there is no Protection for City/State Level Employees

Recently, as an airport maintenance worker I reported some airport security 
lapses to the management. It was about an unsecured door in an airport.
Normally security clearance is required. This door had none. Thinking I'd be
protected by the FAA Whistle Blower Program, and thinking this was the right
thing to do, I went ahead and reported this.


I was fired soon after allegedly distributing "false and misleading information".
The airport management refused to say what that information was or the name
of the person who received this information from me. In other words, if an
employee speaks out on aviation insecurity then all the airport management
has to do is say that employee distributed false and misleading information,
a made-up charge, and then fire that person.


The union will not support that person because that person could have turned
the other way and said nothing about the unsecured door. Some states have
whistleblower laws and an employee can sue. Alaska does not.


Employee have to raise tens of thousands of dollars while unemployed just to
contest being fired on false grounds. By contrast the airline employees have
federal OSHA to fight for them. The message here is that there is no protection
from the federal government for airport employees like there is for airline
employees, so it is best for the airport employee to turn the other way and
not report on the unsecured door. The question is will you be putting in an
amendment that will include airport employees?




Challenge the US Congress to be effective


As both Democratic and Republican Party representatives in Congress require City and State level support to get elected from their constituencies, they do not put much pressure on City or State level governments to reform.  However, airport security should be above politics.


Indeed, there is no real airport security if the majority of airport employees are scared to report airport security flaws. To give local government airport maintenance workers -- those responsible for everything from runway maintenance to baggage checks -- the same protection that airline employees enjoy, please
e-mail the url address of this article to your local US Congress Representative or Senator now, and ask them to put pressure on the House and Senate Committees for Transportation and the Subcommittees for Avaition to include local airport employees under the Whistler Blower Protection Program.


As legislation is proposed on the committee levels, you must contact them.
E-mail the url address of this article to the Aviation Subcommitees and the Transportation Committees in both House and the Senate to put in an amendment that would include State and Local employees at airports in the Whistle Blower Protection Law, or if not to press for such laws on the City and State Government levels.


Senator Lisa Murkowski personally told me she could do it and will look into it could use some encouragement:


Senator Lisa Murkowski
Tel  202-224-6665
Fax 202-224-5301
United States Senate 
322 Hart Building
Washington, DC 20510-0202



Also to consider are:

Senator Ted Stevens
Senate Aviation Committee
Tel 202-224-3004
Fax 202-224-2354 
United States Senate 
522 Hart Building 
Washington, DC  20510-0201    



and,


Rep. Don Young
Chairperson
House Transportation Committee

T 202-225-5765
Fax 202-225-0425 
House or Representatives
2111 Rayburn House Office Bldg.
Washington, DC 20515-0201

 



What City Mayors and Governors of States should do


The Mayor of a city like Boston or Philadelphia can enact laws in local government to guarantee that municipal airport employees are safe if they become Whistleblowers. Inform your Mayor that your airport's employees are unprotected. E-mail 
the url address of this article to your Mayor and ask that municipal and State employees be protected by the Whistle Blower Protection Program.


The Governor of a State does not usually have a say in how a city in the State is run, but can put political pressure on the Mayor to do so. Ask the Governor of your State to put legislation in place to protect airports in his/her State.
E-mail the url address of this article to your Mayor and ask that municipal and State employees be protected by the Whistle Blower Protection Program.


Thank you for your prompt and courteous attention. 

 

Sincerely,

 

John P. Suter
suter@gci.net





About the Author(s):
 John P Suter has worked in

See under Our Contributors to find out about the Author(s) of this article.
 


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