Criminal History Records Checks
ALPA has been working hard on several fronts, from lobbying on Capitol Hill to defending individual pilots, in response to the unintended consequences of federally mandated fingerprint-based criminal history record checks (CHRCs).
On Dec. 6, 2001, the FAA promulgated a final rule on CHRCs as required by the Aviation and Transportation Security Act (ATSA). Airlines must submit fingerprints of all employees who have unescorted access to an airport’s Security Identification Display Area (SIDA)—in other words, the secure part of the airport—so that the FBI fingerprint-based records checks can be performed. All CHRCs must be completed by Dec. 6, 2002.
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ALPA representatives toured the American Association of Airport Executives’ offices near Ronald Reagan National Airport in Arlington, Va., recently and confirmed the security and procedures used by the Aviation Security Clearinghouse (ASC), which AAAE administers under contract to the FAA.
ASC has been operational since early January and processes fingerprint files for submission to the FBI for criminal history records checks (CHRCs).
The AAAE says that the ASC is processing approximately 4,500 electronic and 275 paper files of fingerprints per day; last autumn, the interim manual system—sending fingerprints to the Office of Personnel Management and checks to the FAA—could process only 10,000 records per month, the number ASC handles now in 2 days.
No one knows how many aviation employees will have to have fingerprint-based CHRCs by December 6, the statutory deadline. AAAE Vice-President for Government Affairs Carter Morris estimates the total might run to more than 700,000 persons.
If the records check reveals that an employee has been convicted (or found not guilty by reason of insanity) of any of 36 specified crimes within the last 10 years, the employee is disqualified from having unescorted access to airport secure areas.
For flightcrew members, this means: No SIDA badge, no job.
Outreach to MECs
On April 11, Capt. Dennis Dolan, ALPA Security Task Force chairman and the Association’s first vice-president, sent a letter to the MEC chairmen of all ALPA pilot groups, warning about ALPA’s concerns about CHRCs and asking for detailed facts about any such cases that might arise within their pilot group.
"We have recently begun to hear reports that raise concerns about the way in which the regulation is being applied," Capt. Dolan explained. "We have heard, for instance, that action has been taken against some pilots whose criminal background check revealed convictions, or even arrests, for crimes that are unrelated to those set forth in the regulation. We have also heard of some pilots who have been adversely affected when their criminal records check revealed convictions or arrests that are more than 10 years old.
"If abuses such as these are happening, we want to know about them, so that we can work with you to address them….If you hear of a pilot who has been adversely affected as a result of overreaching by management, ask your [ALPA] contract administrator to gather the appropriate facts and provide them to [the ALPA Legal Department].
"In addition, we have heard reports of pilots who have been, or may be, disqualified as a result of minor offenses that appear to fall within the 36 crimes enumerated in the regulation. If you hear of individuals who have been, or may be, disqualified as a result of such minor offenses, again please ask your contract administrator to follow up with [the ALPA Legal Department].
We are now exploring the best way to address such problems. Obtaining detailed facts regarding such accounts is critical to this process."
Northwest vows not to abuse CHRC process
At some airlines, ALPA’s productive relationship with senior airline officials has helped to correct these problems.
For example, on April 24, Northwest Airlines’ Senior Vice-President for Labor Relations Robert A. Brodin sent a letter to the heads of all seven unions represented on Northwest’s property, declaring management’s intent to limit the use of information obtained as a result of a CHRC.
Brodin wrote, "CHRC results will be reviewed only to determine whether an employee has been convicted, or found not guilty by reason of insanity, of any of the listed disqualifying criminal offenses within the past 10 years.
Non-disqualifying information, i.e., information concerning crimes other than those listed in the federal regulations, or relative to convictions over 10 years old, will not be used as a basis for employment action against incumbent non-probationary employees."
