The National Labor Relations Board (NLRB) has ruled 4-1 that airport screeners employed by Firstline Transportation Security are covered by the National Labor Relations Act (NLRA) and can organize for the purpose of bargaining collectively with their employer.

Firstline Transportation Security is a private company that provides passenger and baggage screening services at Kansas City International Airport in Kansas City, Missouri. The company has a contract with the Transportation Security Administration (TSA).

TSA has said that airport security screeners that the agency employees have no entitlement to engage in collective bargaining. In 2003, the agency issued a memorandum denying collective-bargaining rights and the right to representation to security screeners employed by the TSA.

The board found that the memo does not apply to security screeners who are employed by private firms.

The NLRB also rejected calls for it to decline to assert jurisdiction in the interest of national security. The majority further found that "[a]bsent both a clear statement of Congressional intent and a clear statement from the TSA that would support our refusal to exercise jurisdiction, we will not create a non-statutory, policy-based exemption for private screeners," who are otherwise entitled to the protections of the NLRB.

In reaching its decision, the NLRB upheld a representation petition filed by the Security, Police, and Fire Professionals of America International (SPFPA) seeking to represent approximately 400 screeners and lead screeners at the Kansas City International Airport. The election was conducted on June 23, 2005, and the ballots were impounded pending the disposition of the Employer's request for review. The ballots will now be opened and counted.