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DHS Revokes TSA Employees’ Collective Bargaining Rights
The Department of Homeland Security (DHS) made a significant move on Friday by revoking the Transportation Security Administration (TSA) workforce’s right to collective bargaining, a decision that could undo years of progress in enhancing the working conditions of airport security screeners across the United States.
In an email obtained by Government Executive, Adam Stahl, who is performing the duties of the TSA administrator, stated, “Effectively immediately, at the direction of DHS Secretary [Kristi] Noem, TSA is rescinding the 2022 determination granting the ability to engage in collective bargaining. The American Federation of Government Employees (AFGE) is no longer the exclusive representative of any personnel carrying out screening functions.” This policy shift is being framed as part of the administration’s strategy to maximize efficiency and productivity in government operations while maintaining the agency’s ability to respond to emerging threats.
The collective bargaining rights of TSA workers have faced challenges since the agency’s inception after the 9/11 terrorist attacks, which were created with considerable autonomy in shaping its personnel system, independent of the provisions in Title 5 of the U.S. Code. In 2011, TSA employees were granted limited collective bargaining rights, which were expanded further under the Biden administration in 2021. This previous expansion allowed for the application of Title 5 to TSA, leading to pay increases of up to 30% for transportation security officers, a move aimed at addressing longstanding issues of low morale and retention challenges linked to inadequate compensation and favoritism.
In response to this recent decision, AFGE National President Everett Kelley condemned the action as a retaliatory measure against the union for its legal challenges against various governmental workforce policies. Kelley asserted the importance of the TSA workforce in ensuring safe air travel, arguing that the decision represents an unprovoked attack on the rights of working Americans simply for their union affiliation. “This action has nothing to do with efficiency, safety or homeland security. This is merely a pretext for attacking the rights of regular working Americans,” he stated.
The DHS justified its decision by claiming that union officials engaged in official duties were detracting from screening operations. “TSA has more people doing full-time union work than we have performing screening functions at 86% of our airports,” the department noted, highlighting that of the 432 federally operated airports, a significant portion employs fewer than 200 TSA officers for screening while nearly 200 officers are engaged in union-related work.
However, data from the Office of Personnel Management indicates that these 200 union-related employees constitute only 0.4% of the approximately 46,600 bargaining unit employees within the TSA, prompting concerns about the validity of the DHS’s claims.
The TSA assured employees in an FAQ sent out after the announcement that this decision would not affect the recently implemented pay raises across the agency, while also indicating plans to make any future reinstatement of bargaining rights considerably more challenging for succeeding administrations. “Within 90 days, TSA will consider actions to ensure that no future administration may permit TSOs to elect an exclusive representative or engage in collective bargaining absent an intervening statutory change,” the communication specified, emphasizing a need for greater operational flexibility.
Last year, previous TSA Administrator David Pekoske, initially appointed by President Trump, credited his collaboration with the AFGE for improvements in employee retention and morale, emphasizing the necessity of understanding and advocating for the needs of frontline workers.
Furthermore, the conservative policy framework outlined in Project 2025 by the Heritage Foundation advocates for the privatization of TSA operations, suggesting that similar models in Canada and Europe could be utilized to enhance operational efficiency while reducing costs.
Robert Tobias, a former president of the National Treasury Employees Union, remarked that the decision reflects President Trump’s broader ambitions to exert control over federal agencies and their workforces. He noted, “It’s part of a pattern of President Trump’s attempt to control everything related to the executive branch… I don’t think, in the end, that it will turn out to be lawful, but it is consistent with the president’s idea over what he can control.”
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