Union Takes Legal Action Challenging Trump Administration

Person holding a document labeled "Lawsuit."

Federal employee union sues Trump Administration after DHS Secretary Kristi Noem abruptly terminated a seven-year TSA collective bargaining agreement, jeopardizing the rights of approximately 50,000 agents.

Quick Takes

The American Federation of Government Employees (AFGE) filed a lawsuit claiming Secretary Noem lacks authority to terminate the contract signed last year.
DHS announced the contract rescission last week, claiming more officers are engaged in union work than screening passengers.
The union argues Noem’s actions violate the First and Fifth Amendments and are contrary to law.
TSA workers already have limited collective bargaining rights compared to other federal employees.

Union Takes Legal Action Against DHS Secretary

The American Federation of Government Employees (AFGE), the largest union representing federal workers, has filed a lawsuit against Department of Homeland Security Secretary Kristi Noem for terminating a collective bargaining agreement covering approximately 50,000 Transportation Security Administration (TSA) officers. The agreement, signed just last year, was meant to remain in effect for seven years but was abruptly rescinded by Noem in what the union characterizes as an unauthorized and potentially retaliatory move against government workers. The lawsuit represents a significant challenge to the Trump administration’s efforts to reduce federal employee union influence.

According to court documents, AFGE alleges that Secretary Noem lacks the legal authority to unilaterally terminate the existing contract. The union further claims the action represents retaliation for previous lawsuits AFGE has filed on behalf of government workers. The Department of Homeland Security publicly announced the contract rescission last week, though records indicate Noem actually signed the termination order a month earlier. This timing discrepancy has added to the union’s concerns about the process and motivation behind the decision.

Disputed Claims About Union Representation

The Department of Homeland Security has made several claims to justify the contract termination, including assertions that the union does not properly represent TSA workers and that more officers are engaged in union work than screening passengers at most airports. AFGE strongly disputes these characterizations, calling them misrepresentations of how union representation actually functions within the agency. The disagreement highlights fundamental differences in how the administration and labor organizations view the role of unions in government service.

The legal challenge centers on several key arguments. AFGE contends that the termination violates both constitutional protections and administrative law. Specifically, the union argues that Noem’s actions infringe upon First Amendment rights to free association and Fifth Amendment due process protections. Additionally, they claim the decision violates the Administrative Procedures Act, which governs how federal agencies may establish regulations and make determinations. The case could have significant implications for how executive agencies interact with their unionized workforce.

TSA Workers’ Unique Status

TSA employees have historically occupied a different position than most federal workers when it comes to labor rights. Unlike many government employees who have full Title 5 protections, which include robust collective bargaining rights, TSA workers have operated under more limited protections since the agency’s creation following the September 11 attacks. The Biden administration extended additional bargaining rights to these employees in 2021, a move that the current administration has now reversed. This back-and-forth reflects the politically contested nature of public sector union rights.

Some lawmakers have attempted to address the disparate treatment of TSA employees through legislation. Representative Bennie Thompson (D-MS) and Senator Brian Schatz (D-HI) have introduced bills that would align TSA employees’ rights with those of other federal employees under Title 5. However, with the current political climate and divided government, the prospects for such legislation remain uncertain. For now, the fate of TSA workers’ collective bargaining rights will likely be determined through the courts as this lawsuit progresses through the legal system.