Latest news with #collectivebargaining
The Independent
2 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
2 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
2 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.
CNN
2 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.
Reuters
2 days ago
- Business
- Reuters
US judge blocks Trump from nixing union bargaining for TSA officers
June 2 (Reuters) - A federal judge on Monday said the administration of President Donald Trump likely broke the law by stripping 50,000 transportation security officers of the ability to unionize and bargain over their working conditions. U.S. District Judge Marsha Pechman in Seattle, Washington, blocked the U.S. Department of Homeland Security from canceling a union contract covering TSA officers pending the outcome of a lawsuit by four unions challenging the move. The lawsuit claims the Trump administration ended collective bargaining for TSA officers, who staff checkpoints at U.S. airports and other transportation hubs, as retaliation against the unions for suing over administration policies. Trump, a Republican, has moved to curb union bargaining for wide swaths of the federal workforce. A U.S. appeals court in May allowed those efforts to proceed, pausing a lower court ruling that had blocked seven agencies from canceling union contracts while it considers an appeal. Because of the sensitive nature of their jobs, TSA officers are not governed by the civil service system and do not have the same rights to unionize and collectively bargain over working conditions as most other federal employees. During former President Barack Obama's administration, the TSA granted officers the ability to bargain over certain subjects. Former President Joe Biden's administration expanded the scope of bargaining in 2021. The agency last year reached a seven-year labor deal with the American Federation of Government Employees, the largest federal worker union. Workers received enhanced shift trade options, increased allowance for uniforms and additional paid leave as part of the agreement. On February 27, Homeland Security Secretary Kristi Noem rescinded the directives that had allowed TSA officers to unionize and directed the agency to cancel the bargaining agreement within 90 days. Noem said the union contract guarantees benefits such as paid leave that are abused by a small number of officers and shields poor performers from being fired, burdening the entire agency. Noem also said she had asked lawyers at DHS to adopt policies barring any future administration from granting TSA workers the right to bargain without action from Congress. AFGE and the other unions that sued said Noem failed in her memo to provide a reasoned explanation for her decision, and that TSA lacks the power to set aside the bargaining agreement. The other plaintiffs include a Washington-based AFGE affiliate that represents TSA officers and unions for flight attendants and airport workers. Those unions say their members rely on TSA officers to keep them safe while working. Pechman is an appointee of Democratic President Bill Clinton.
