TSA chief James M. Loy made the statement in response to attempts by the American Federation of Government Employees (AFGE) to organize the workers, who number some 56,000 nationwide. Passenger and baggage screeners at New York’s La Guardia and Baltimore-Washington International airports have gone ahead with their petition for AFGE representation in the face of this ruling.

"Fighting terrorism demands a flexible workforce that can rapidly respond to threats," said Loy. "That can mean changes in work assignments and other conditions of employment that are not compatible with the duty to bargain with labor unions."

The AFGE has said it will contest the union-busting order in federal court. "We’re going to continue our organizing campaign," said union official Diane Witiak.

Loy claims the right to bar unionization under the 2001 Aviation and Transportation Security Act. The TSA was created in November of that year and will be a division of the Department of Homeland Security. In legislation passed in November 2001, Congress voted to give the president the power to strip collective bargaining rights from employees of that department in the name of protecting "national security."

On similar grounds President George Bush last year denied union representation to 500 employees at the U.S. Attorney’s office and other divisions of the Justice Department.

In preparing to implement the legislation, the government reviewed the criminal and immigration records of privately employed airport workers, raiding their workplaces and arresting some 250 workers nationwide on immigration charges.

The new agency requires all screeners to be U.S. citizens, making thousands ineligible for rehire in their old jobs. Some 15 percent to 25 percent of the airport screeners who had worked for private companies before the government takeover did not qualify.

Since the new agency took over the screeners have been forced to work shifts lasting as much as 21 hours. They have reported being paid up to a month late at times, and have been denied necessary safety equipment.

TSA spokesman Robert Johnson acknowledges that workers have been forced to work long hours and that they have not been paid on time, but dismissed their effort to organize. "When it comes to responding to new intelligence or terrorist threats on a moment’s notice," he said, "we don’t have time to check with a shop steward."  
 
 
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