Latest news with #MarshaPechman
Epoch Times
3 days ago
- Business
- Epoch Times
Judge Temporarily Blocks Homeland Security From Ending Collective Bargaining for TSA Agents
A federal judge on June 2 temporarily blocked the Department of Homeland Security from ending collective bargaining for Transportation Security Administration (TSA) agents, concluding the government likely acted improperly as retaliation against a union for challenging Trump administration moves. The American Federation of Government Employees (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,' U.S. District Judge Marsha Pechman
The Hill
3 days ago
- Business
- The Hill
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.
The Independent
4 days ago
- Business
- The Independent
Judge grants preliminary injunction to protect collective bargaining agreement for TSA workers
A federal judge on Monday granted a preliminary injunction to stop Homeland Security Secretary Kristi Noem from killing a collective bargaining agreement for Transportation Safety Administration workers. U.S. District Judge Marsha Pechman of Seattle said in her order that an injunction is needed to preserve the rights and benefits that TSA workers have enjoyed for years while being represented by the American Federation of Government Employees. In their lawsuit, Pechman said, the union has shown that Noem's directive to end the agreement 'constitutes impermissible retaliation against it for its unwillingness to acquiesce to the Trump Administration's assault on federal workers.' It also likely violated due process and AFGE is likely to succeed in showing that Noem's decision was 'arbitrary and capricious," she added. 'Today's court decision is a crucial victory for federal workers and the rule of law,' AFGE National President Everett Kelley said in a release. '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.' Assistant U.S. Attorney Brian Kipnis declined to comment on the judge's ruling, according to Emily Langlie, spokesperson for the U.S. Attorney's office. AFGE had entered into a new, seven-year collective bargaining agreement with agency last May, but Noem issued a memo Feb. 27 rescinding that agreement. One week later, TSA informed the union about Noem's directive, saying the contract was terminated and all pending grievances would be deleted. AFGE filed a lawsuit against Noem, claiming the move was retaliation against the union for pushing back against the Trump administration's attacks on federal workers. AFGE had filed a separate lawsuit Feb. 19 against the Office of Personnel Management to stop the firing of probationary workers. A judge issued a temporary restraining order Feb. 27 stopping the firings — the same day Noem issued her memo. Abigail Carter, representing AFGE during oral arguments before Pechman on May 27, said Noem's move was retaliation and a violation of the union's First Amendment right to protected speech and its Fifth Amendment right to due process. 'The administration has made it clear that if you don't disagree with it politically, you and your members can keep your rights, but if you do disagree, you lose them,' Carter said. She also argued that the collective bargaining agreement was necessary because TSA workers are not covered under the federal labor-management code. The agreement protects them from dangerous working conditions and unreasonable hours. Kipnis denied the retaliation claim and said it was simply a difference in management styles. Pechman questioned that contention. Not all unions are banned by the administration, Pechman said, only the ones oppose the administration. 'Isn't this a pattern that you see?' Pechman asked Kipnis. 'Attorneys who take opposition stances get banned. Those who don't, don't have those restrictions. Isn't this the pattern that the White House has set up?" Kipnis said tension between unions and management are common and this conflict doesn't signal a violation of the workers' First Amendment rights, but instead reflects a confrontational relationship. But Pechman wasn't convinced. Previous TSA managers have found unions to be beneficial and renewed their contracts for years, she said. They found they made a happier workforce, and 'they wanted their employees to feel that they were well-treated,' she said. What has changed is this administration's attitude, she said. To that, Kipnis replied: 'Or you could characterize it as a different management style. The former administration apparently saw that as a better way to do business. ... But this administration sees a different way of doing business. And the same statute affords them the same amount of discretion.' Pechman said she understood that the administration has the right to exercise that discretion, 'but to abruptly cancel doesn't seem well reasoned, so I'm having trouble with that." She also noted, "But why the United States gets to back out of contracts that it's made is harder to accept.' In Monday's order, Pechman said TSA workers would suffer 'irreparable harm' without the injunction, noting that if they lose their collective bargaining agreement, they will lose the benefits it provides. 'While the loss of money alone does not show irreparable harm, the total harms here are more than monetary,' Pechman said. 'They include the loss of substantive employment protections, avenues of grievance and arbitration, and the right to have a workforce that can unite to demand benefits that might not be obtainable through individual negotiation.'
Associated Press
4 days ago
- Business
- Associated Press
Judge grants preliminary injunction to protect collective bargaining agreement for TSA workers
SEATTLE (AP) — A federal judge on Monday granted a preliminary injunction to stop Homeland Security Secretary Kristi Noem from killing a collective bargaining agreement for Transportation Safety Administration workers. U.S. District Judge Marsha Pechman of Seattle said in her order that an injunction is needed to preserve the rights and benefits that TSA workers have enjoyed for years while being represented by the American Federation of Government Employees. In their lawsuit, Pechman said, the union has shown that Noem's directive to end the agreement 'constitutes impermissible retaliation against it for its unwillingness to acquiesce to the Trump Administration's assault on federal workers.' It also likely violated due process and AFGE is likely to succeed in showing that Noem's decision was 'arbitrary and capricious,' she added. 'Today's court decision is a crucial victory for federal workers and the rule of law,' AFGE National President Everett Kelley said in a release. '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.' Messages left for Assistant U.S. Attorney Brian Kipnis seeking comment were not immediately returned. AFGE had entered into a new, seven-year collective bargaining agreement with agency last May, but Noem issued a memo Feb. 27 rescinding that agreement. One week later, TSA informed the union about Noem's directive, saying the contract was terminated and all pending grievances would be deleted. AFGE filed a lawsuit against Noem, claiming the move was retaliation against the union for pushing back against the Trump administration's attacks on federal workers. AFGE had filed a separate lawsuit Feb. 19 against the Office of Personnel Management to stop the firing of probationary workers. A judge issued a temporary restraining order Feb. 27 stopping the firings — the same day Noem issued her memo. Abigail Carter, representing AFGE during oral arguments before Pechman on May 27, said Noem's move was retaliation and a violation of the union's First Amendment right to protected speech and its Fifth Amendment right to due process. 'The administration has made it clear that if you don't disagree with it politically, you and your members can keep your rights, but if you do disagree, you lose them,' Carter said. She also argued that the collective bargaining agreement was necessary because TSA workers are not covered under the federal labor-management code. The agreement protects them from dangerous working conditions and unreasonable hours. Kipnis denied the retaliation claim and said it was simply a difference in management styles. Pechman questioned that contention. Not all unions are banned by the administration, Pechman said, only the ones oppose the administration. 'Isn't this a pattern that you see?' Pechman asked Kipnis. 'Attorneys who take opposition stances get banned. Those who don't, don't have those restrictions. Isn't this the pattern that the White House has set up?' Kipnis said tension between unions and management are common and this conflict doesn't signal a violation of the workers' First Amendment rights, but instead reflects a confrontational relationship. But Pechman wasn't convinced. Previous TSA managers have found unions to be beneficial and renewed their contracts for years, she said. They found they made a happier workforce, and 'they wanted their employees to feel that they were well-treated,' she said. What has changed is this administration's attitude, she said. To that, Kipnis replied: 'Or you could characterize it as a different management style. The former administration apparently saw that as a better way to do business. ... But this administration sees a different way of doing business. And the same statute affords them the same amount of discretion.' Pechman said she understood that the administration has the right to exercise that discretion, 'but to abruptly cancel doesn't seem well reasoned, so I'm having trouble with that.' She also noted, 'But why the United States gets to back out of contracts that it's made is harder to accept.' In Monday's order, Pechman said TSA workers would suffer 'irreparable harm' without the injunction, noting that if they lose their collective bargaining agreement, they will lose the benefits it provides. 'While the loss of money alone does not show irreparable harm, the total harms here are more than monetary,' Pechman said. 'They include the loss of substantive employment protections, avenues of grievance and arbitration, and the right to have a workforce that can unite to demand benefits that might not be obtainable through individual negotiation.'
CNN
4 days ago
- Business
- CNN
Judge pauses Homeland Security's move to nix TSA officers' union contract
A federal judge on Monday paused the Department of Homeland Security's effort to end the collective bargaining agreement covering tens of thousands of transportation security officers at airports. It's the latest loss in court for the Trump administration's drive to reshape the federal workforce. US Senior District Judge Marsha Pechman of the Western District of Washington in Seattle issued a preliminary injunction, saying that Homeland Security Secretary Kristi Noem's justification for terminating the union contract with the American Federation of Government Employees in March was 'threadbare' and exposed 'the retaliatory nature of the decision.' 'The Noem Determination appears to have been undertaken to punish AFGE and its members because AFGE has chosen to push back against the Trump Administration's attacks to federal employment in the courts,' wrote Pechman, an appointee of President Bill Clinton, in her order. Noem's decision is at odds with more than a decade of agency belief that collective bargaining benefits the officers, the Transportation Security Administration and the public, Pechman wrote. She ordered DHS to notify officers in the union that the contract and rights are in effect, including the right to have their union dues deducted from their pay. When DHS originally announced it was rescinding the contract, the agency told employees that the move would allow officers to 'to operate with greater flexibility and responsiveness, ensuring the highest level of security and efficiency in protecting the American public.' DHS told CNN at the time that 'we invite the union to join all Americans and TSA employees in celebrating renewed efficiency, greater safety and shorter airport security wait times thanks to this action.' In separate cases, AFGE and the National Treasury Employees Union are each battling Trump's executive order to end collective bargaining with unions covering hundreds of thousands of federal workers in multiple agencies. In April, a federal judge in the District of Columbia issued a preliminary injunction in the case brought by the NTEU.
