Union dissolution at TSA prevented by federal court order

In a significant victory for federal workers, U.S. District Judge Marsha Pechman has issued a preliminary injunction preventing the Trump administration from imposing bargaining restrictions on Transportation Security Administration (TSA) employees.

Judge Pechman, a Clinton appointee, found that the administration's decision to outlaw unions at TSA and bar collective bargaining for two-thirds of the federal workforce amounts to unlawful retaliation for the American Federation of Government Employees (AFGE) and other unions' First Amendment speech in opposition to the Trump administration's policies.

Pechman's decision, made public on Monday, mandates TSA to reinstate its contract with AFGE, which includes provisions for collective bargaining negotiations and personnel investigations. The judge stated that by signing its contract with AFGE last year, the TSA forfeited some of its latitude to manage its own workforce.

The case challenges Homeland Security Secretary Kristi Noem's March decision to outlaw unions at the airport security agency. Pechman wrote that the Noem determination "exposes the retaliatory nature of the decision." She further found that Noem has not provided a valid explanation for why collective bargaining threatens the safety of the transportation system or travelers in America.

AFGE National President Everett Kelley applauded Pechman's ruling in a statement, calling it a crucial victory for federal workers and the rule of law. Kelley vowed not to back down from defending members' rights against unlawful union busting and expressed commitment to ensuring members' rights and dignity are protected.

The Noem determination was found to mischaracterize the collective bargaining agreement and further highlights a direct antipathy toward the American Federation of Government Employees. Kelley stated that the preliminary injunction underscores the unconstitutional nature of DHS' attack on TSA officers' First Amendment rights.

The TSA, which has had broad discretion to administer its own personnel system, was required to collect dues from employees' paychecks on behalf of the union since its inception. Since 2011, TSA has granted the workforce abridged collective bargaining rights, which were expanded in 2022.

As a result of the preliminary injunction, TSA must resume participation in grievance and arbitration proceedings. The reinstated contract will allow TSA employees to collectively bargain, a right that was previously revoked by the Trump administration.

This article is related to the TSA union's effort to block an order outlawing bargaining at the agency. The initiative was found to be aimed at "punishing" the American Federation of Government Employees for challenging the White House's workforce policies in court. The ruling is expected to have implications for other federal agencies and their employees.