Federal Judge Halts Attempt to Revoke TSA Union's Collective Bargaining Rights
ICARO Media Group
### Federal Judge Blocks Move to Dissolve TSA Union
A federal judge has intervened to halt the Trump administration's effort to revoke collective bargaining rights for Transportation Security Administration (TSA) employees. U.S. District Judge Marsha Pechman, appointed during the Clinton administration, issued a preliminary injunction citing that the move appeared to "punish" the American Federation of Government Employees (AFGE) for its legal challenges against White House workforce policies.
Judge Pechman's decision follows recent court arguments contesting Homeland Security Secretary Kristi Noem's March directive to eliminate union representation at the TSA. Pechman emphasized that the directive seemed retaliatory due to AFGE’s vocal opposition to certain federal employment strategies pursued by the Trump administration.
"The motivation behind Secretary Noem’s decision appears to be punitive towards AFGE," Pechman noted. "This undermines the First Amendment protections that guard individuals and organizations against retaliation for legal actions and public critiques of the government." The judge further criticized the minimal justification offered for terminating the collective bargaining agreement.
Since its establishment after the September 11, 2001 terror attacks, the TSA has maintained significant control over its internal personnel policies. However, to address low morale and high turnover rates, the agency afforded its workforce limited collective bargaining rights in 2011, which were expanded in 2022, along with the introduction of a new salary scale similar to the federal General Schedule.
Judge Pechman discovered that the new executive orders prohibiting collective bargaining for a significant portion of the federal workforce constituted an illegal retaliation against AFGE’s First Amendment activities. She pointed out that the TSA had previously acknowledged the benefits of collective bargaining for overall traveler safety and its mission.
Judge Pechman's ruling mandates the reinstatement of the TSA’s contract with AFGE including provisions that enable the union to participate in collective bargaining discussions, represent workers in personnel investigations, and collect union dues from employee paychecks. Additionally, TSA must resume its involvement in grievance and arbitration proceedings.
AFGE National President Everett Kelley lauded the ruling, stating, "Today's court decision is a crucial victory for federal workers and the rule of law. 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."