Second TSA nominee also won't rule out unionization

In January, Obama's nominee to head up the Transportation Security Administration, Erroll Southers, withdrew his nomination. Senate Republicans had filibustered the nomination after Southers refused to reveal whether or not he would unionize TSA workers. Republicans were concerned that allowing TSA labor to collectively bargain could result in workers going on strike, which would put the country at risk from a terrorist attack.

Obama's new man for the job is Major General Robert Harding. Under questioning from Sen. Kay Bailey Hutchinson, Harding also refused to rule out letting the TSA unionize.

"Previous TSA administrators have said that they would be very, very concerned about collective bargaining not allowing the flexibility that you need to deploy forces you need to a certain area of an airport, to a certain airport, to change working hours if a crisis situation is at hand," Hutchison told Harding. "I hope you will also be looking at the flexibility of the workforce and the need for that flexibility as one of your priorities."

Harding said that while he had begun discussions with TSA stakeholders on the question of collective bargaining, he believed he still had to talk to members of the agency's workforce and officials across the Homeland Security Department before advising DHS Secretary Janet Napolitano on screeners' rights.

Two federal employees unions, the FTEU and the AFGE, are fighting over the TSA employees in order to boost their lagging membership. The AFGE is part of the AFL-CIO, a deep-pocketed Obama ally and backer. If the TSA does unionize, it would be a huge kickback to both unions which have supported Obama in the past.