Judge temporarily blocks Noem from killing TSA workers' collective bargaining deal
A union scored an initial victory in its challenge to stop the Department of Homeland Security (DHS) from stripping collective bargaining rights from employees at the Transportation Safety Administration (TSA).
The American Federation of Government Employees (AFGE) argued that Homeland Security Secretary Kristi Noem has no power to end an already authorized seven-year contract, accusing the secretary of targeting the union after it brought a number of suits on behalf of government workers.
U.S. District Court Judge Marsha Pechman, a Clinton appointee, granted a preliminary injunction barring Noem's decision, first announced in March.
'AFGE has demonstrated a strong likelihood that the Noem Determination constitutes impermissible retaliation against it for its unwillingness to acquiesce to the Trump Administration's assault on federal workers. AFGE has shown the Noem Determination likely violates Due Process, having afforded no notice or process for AFGE and its members to work with DHS and TSA to resolve any disagreement before simply shredding the contractual promises of the CBA,' she wrote, referencing the collective bargaining agreement.
'And AFGE has shown it is likely to succeed in showing the Noem Determination is arbitrary and capricious in violation of the Administrative Procedure Act, particularly given its complete disregard for the 2024 CBA and its mischaracterization of AFGE's role.'
The union celebrated the decision.
'Today's court decision is a crucial victory for federal workers and the rule of law,' AFGE president Everett Kelley said in a statement.
'The preliminary injunction underscores the unconstitutional nature of DHS's attack on TSA officers' first amendment rights. We remain committed to ensuring our members' rights and dignity are protected, and we will not back down from defending our members' rights against unlawful union busting.'
The contract affects the roughly 50,000 agents who do security screenings at airports across the country.
In its announcement, DHS leveled a number of claims against the union, including that TSA workers 'will no longer lose their hard-earned dollars to a union that does not represent them.'
DHS also claimed TSA had more officers working on union work than screening passengers in 86 percent of airports — something the AFGE said was mathematically impossible.
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