Federal Workers’ Union Challenges Trump Administration

Person holding a document labeled "Lawsuit."

Federal workers’ union files lawsuit against Trump administration after Homeland Security Secretary Kristi Noem abruptly terminated collective bargaining rights for 50,000 TSA security officers.

Key Insights

The American Federation of Government Employees (AFGE) is suing Secretary Noem for ending a seven-year collective bargaining agreement signed in 2023.
AFGE claims Noem lacks the legal authority to terminate the contract and alleges the action violates the First and Fifth Amendments.
The union argues the termination is retaliation for previous lawsuits filed on behalf of government workers.
DHS claims more TSA officers are engaged in union work than screening passengers at most airports, which AFGE disputes.
Legislation has been introduced to align TSA employees’ rights with those of other federal employees.

Union Challenges DHS Secretary’s Authority

The American Federation of Government Employees (AFGE), representing approximately 50,000 Transportation Security Administration (TSA) officers, has filed a lawsuit against Department of Homeland Security Secretary Kristi Noem. The legal action challenges Noem’s recent decision to terminate a collective bargaining agreement that was signed just last year. According to the lawsuit, Noem signed the order last month, though DHS only officially announced the contract rescission last week. The union maintains that Noem lacks the proper authority to end the seven-year agreement, which allows for limited midterm bargaining.

The AFGE’s legal filing argues that the contract termination violates constitutional protections and federal law. “The 2024 CBA has a term of seven years and allows limited midterm bargaining. This collective bargaining agreement, like any other, is a binding contract,” the union stated in its filing. The AFGE further claims the action represents retaliation against the union for previous lawsuits it filed on behalf of government employees during the Trump administration’s first term.

Constitutional Violations Alleged

The union’s lawsuit specifically cites violations of both the First and Fifth Amendments to the US Constitution. AFGE argues that Noem’s decision to rescind the collective bargaining agreement mid-contract and terminate existing grievances is arbitrary, capricious, and contrary to law under the Administrative Procedures Act. The legal challenge represents the latest development in the ongoing struggle for TSA workers to secure the same collective bargaining rights enjoyed by other federal employees.

TSA officers currently lack full Title 5 protections that would guarantee their right to collective bargaining. In 2021, the Biden administration extended limited collective bargaining rights to these workers, culminating in the agreement that Noem has now terminated. The Department of Homeland Security has justified the decision by claiming the union does not truly represent TSA workers and alleging that more officers are engaged in union activities than screening passengers at most airports – a claim the AFGE vehemently disputes.

Legislative Efforts Underway

While the legal battle unfolds in court, parallel efforts are advancing in Congress to secure permanent collective bargaining rights for TSA officers. Representative Bennie Thompson and Senator Brian Schatz have introduced legislation that would align TSA employees’ rights with those of other federal workers. These legislative initiatives aim to provide a more permanent solution to the ongoing disputes over TSA workers’ collective bargaining rights, rather than leaving these protections vulnerable to administrative changes with each new presidential administration.

The lawsuit highlights the broader tension between administration policies and worker protections in critical security roles. The outcome of this legal challenge could have significant implications not only for these workers but potentially for the collective bargaining rights of other federal employees under the current administration.