; engagement of every employee is critically important for security. . (8) This determination was superseded by a second determination issued on December 29, 2014, which changed the previous guideline for collective bargaining and resulted in limitations in the subjects that can be bargained, issues in dispute that may be raised to an independent, third-party neutral decisionmaker (such as an arbitrator or the Merit Systems Protection Board), and barriers to union representation of the Transportation Security Officer workforce. (9) The 2011 and 2014 determinations both cited TSA’s authority under section 111(d) of the Aviation and Transportation Security Act ( 49 U.S.C. 44935 note) to create a personnel system that denies the Transportation Security Officer workforce the rights under title 5, United States Code, which are provided to most other Federal workers, including— (A) the right to appeal adverse personnel decisions to the Merit Systems Protection Board; (B) fair pay under the General Services wage system, 2011; (C) fair pay and raises under the General Services wage system, including overtime guidelines, access to earned leave; (D) the application of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq.); (E) fair performance appraisals under chapter 73 of title 5, United States Code; and (F) direct protections against employment discrimination set forth in title 5, United States Code. (b) Sense of Congress It is the sense of Congress that— (1) the personnel system utilized by the Transportation Security Administration pursuant to section 111(d) of the Aviation and Transportation Security Act ( 49 U.S.C. 44935 note) provides insufficient workplace protections for the Transportation Security Officer workforce, who are the frontline personnel who secure our Nation’s aviation system