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Ninth Circuit Remands Fired TSA Screener’s Constitutional Claims

SAN FRANCISCO (CN) - The Ninth Circuit granted review to a Transportation Security Administration security screener who said he was disciplined and fired for participating in union activity.

The court found that the "statutory scheme governing TSA security screeners does not express a clear intention on the part of Congress to preclude judicial review of screeners' constitutional claims." Judge Fletcher added, "If Congress wishes to deny federal employees the ability to redress alleged constitutional violations, it must state its intention clearly." John Gavello said he was fired from as a security screener at Oklahoma International Airport for posting union materials in the employee break room and for sending a copy of an internal email to the American Federation of Government Employees' attorney. TSA justified the firing by claiming Gavello had "improperly disclosed sensitive security information" to an unauthorized party, the ruling states. Reversed and remanded. See ruling in AFGE v. Stone.

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