Union of TSA workers petitions judge to halt executive order prohibiting collective negotiations within the agency, claiming it's retaliatory.

The American Federation of Government Employees (AFGE) has taken legal action against the Biden administration, challenging the termination of the Transportation Security Administration's (TSA) collective bargaining agreement and the alleged infringement on the union's First Amendment rights.

In March, Homeland Security Secretary Kristi Noem issued a determination that outlawed collective bargaining rights for TSA employees. The union's attorney, Abigail Carter, highlighted statements from Noem and the White House as evidence that the administration's actions are a "pretext" for attacking the union. Carter argued that the pattern of antagonism against the AFGE demonstrates retaliatory intent.

However, Justice Department Attorney Brian Kipnis argued that U.S. District Judge Marsha Pechman lacks jurisdiction in the case, suggesting that the union should first seek redress from the Federal Labor Relations Authority (FLRA). Kipnis argues that only the FLRA itself or an appellate court can determine the jurisdiction of the FLRA.

The TSA workforce is not governed by the FLRA, due to its workforce's creation outside of Title 5 of the U.S. Code. The Biden administration applied most of Title 5's provisions to the TSA workforce in 2022, but the TSA, due to its unique status, remains outside the FLRA's jurisdiction.

Kipnis also downplayed the characterization of the administration's actions as a pattern of retaliation against unions, suggesting that everything the government does with regard to unions would not always be viewed as a First Amendment violation. He argued that the administration's different management style towards unions does not necessarily imply a First Amendment violation.

Judge Pechman questioned the unions' retaliation claims, suggesting that some labor groups have been exempted from the administration's anti-union policies. Pechman linked this perceived exemption to President Trump's executive actions targeting law firms.

The AFGE filed a legal challenge in the U.S. District Court for the Western District of Washington over the termination of the TSA's 2024 contract with the union. The union argues that it is not required to bring its claims to the FLRA and can instead do so in court.

Noem, on the other hand, argued that union representation presented an impediment to responding "swiftly and effectively" to security threats. She also insinuated without evidence that the AFGE was wasting workers' voluntary union dues.

The TSA workforce first received abridged collective bargaining rights under the Obama administration. The current legal battle is a continuation of the ongoing struggle for full collective bargaining rights for TSA employees. The outcome of this case could set a precedent for the future of union representation in government agencies.