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Federal Employee Union Challenges Revocation of Bargaining Rights for TSA Workers
In a significant legal action, the largest federal employee union has filed a lawsuit against the Trump administration, aiming to overturn a recent decision that would revoke the collective bargaining rights of Transportation Security Administration (TSA) airport screeners. This lawsuit was initiated by the American Federation of Government Employees (AFGE) in the U.S. District Court for Western Washington, targeting Homeland Security Secretary Kristi Noem and Adam Stahl, who is acting in the capacity of the Transportation Security Administrator.
The controversy centers on an announcement made by the TSA and the Department of Homeland Security (DHS) last week, which indicated an intention to strip TSA employees of their collective bargaining rights and unilaterally invalidate a union contract that had been ratified just last May.
Established in the wake of the September 11, 2001, terrorist attacks, the TSA was granted considerable autonomy to create its own personnel management system, operating outside the traditional frameworks such as Title 5 of the U.S. Code and the General Schedule pay scale. In 2011, TSA employees were afforded some collective bargaining rights, which the Biden administration expanded in 2021. This expansion aimed to integrate Title 5 provisions, resulting in substantial pay increases for transportation security officers and addressing prior morale issues stemming from inadequate compensation and favoritism.
The lawsuit alleges that the Trump administration’s actions violate the Administrative Procedure Act, which forbids “arbitrary and capricious” actions, along with breaching existing contractual obligations under the current collective bargaining agreement. Furthermore, it points to potential infringements on union members’ due process rights as outlined in the Fifth Amendment.
Additionally, the union has invoked the First Amendment, contending that the administration’s revocation of bargaining rights retaliates against AFGE for its previous legal actions, notably regarding the widespread firing of probationary employees across the federal government. Notably, a federal judge recently issued a preliminary injunction in this matter, mandating the reinstatement of numerous workers who were improperly let go.
“Statements from DHS and TSA clearly indicate that AFGE was specifically targeted by the decision to revoke bargaining rights, with the memorandum explicitly naming the union and falsely asserting that it ‘harms Transportation Security Officers,’” the union commented. “[By] highlighting the anticipated decline in membership dues for AFGE if these actions proceed, the defendants send a clear message to others that dissent against the Trump administration will be punished.”
Historically, unions have struggled to achieve direct judicial review of agency decisions that affect their members’ employment or collective bargaining rights, as mandated by the 1978 Civil Service Reform Act, which requires such disputes to go through administrative avenues like the Merit Systems Protection Board or the Federal Labor Relations Authority (FLRA). However, TSA employees, due to their Title 5-like rights being granted administratively rather than through legislation, are barred from seeking recourse through the FLRA.
According to the 2022 determination that conferred additional bargaining rights, it was specified that because jurisdiction “cannot be conferred administratively,” the provisions of Chapter 71 of Title 5 concerning the FLRA, including its unfair labor practice provisions, were excluded from this determination.
In response to the administration’s actions, AFGE National President Everett Kelley expressed a strong commitment to defending the rights of union members, emphasizing the broader implications of this attack on workers’ rights. “This assault isn’t merely directed at AFGE or TSA workers; it poses a threat to the rights of all American workers. Invalidating a legally established union contract is not only unconstitutional but also retaliatory and detrimental to the TSA experience for travelers. The administration’s attempts to intimidate and silence workers will not prevail,” Kelley stated.
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