Unions Sue DHS and TSA Over Termination of Negotiated Union Contract

SEATTLE – Unions have initiated legal proceedings against Secretary of Homeland Security Kristi Noem, the Department of Homeland Security (DHS), the Transportation Security Administration (TSA), and TSA official Adam Stahl. The lawsuit challenges the abrupt termination of a union contract safeguarding the rights of around 47,000 Transportation Security Officers (TSOs). This legal action was filed by the American Federation of Government Employees (AFGE), AFGE TSA Local 1121, the Communications Workers of America (CWA), and the Association of Flight Attendants-CWA (AFA-CWA).

The lawsuit, lodged in the U.S. District Court for the Western District of Washington at Seattle, aims to halt what unions describe as an unconstitutional move that infringes upon federal employees' rights and the collective bargaining process. According to the plaintiffs, Secretary Noem's actions are retaliatory and violate the First Amendment by punishing AFGE for its advocacy. The lawsuit also claims that the Fifth Amendment is breached by depriving TSA workers of property rights without due process.

Immediate court intervention is sought to prevent the government from dismantling the existing contract, eliminating union representation, and curtailing workers' bargaining rights. Legal representation is provided by Bredhoff & Kaiser, PLLC and the State Democracy Defenders Fund (SDDF).

"This attack on our members is not just an attack on AFGE or transportation security officers. It’s an assault on the rights of every American worker," stated AFGE National President Everett Kelley. "Tearing up a legally negotiated union contract is unconstitutional, retaliatory, and will make the TSA experience worse for American travelers. These attempts by the administration to silence everyday workers across this country through retaliation and intimidation will not succeed. We will fight tirelessly to protect the rights of federal employees and defend our union contracts. TSA workers and American travelers deserve better – and we won’t stop fighting until they get it."

CWA President Claude Cummings, Jr., emphasized the broader implications: “Every worker and everyone who passes through an airport should be alarmed that Secretary Noem is illegally retaliating against TSA workers by refusing to honor their union contract. TSA officers keep CWA Passenger Service Agents and Flight Attendants safe on the job. The fair pay and benefits guaranteed by the TSA officers’ collective bargaining agreement attract highly-qualified workers, and the protections the agreement offers ensure that they can raise concerns about issues that impact their ability to do their jobs effectively. No employer should be able to arbitrarily terminate a union contract.”

Sara Nelson, president of AFA-CWA, addressed aviation safety concerns: "The decision to eliminate collective bargaining rights for TSA is terrible for aviation security and everyone who depends on safe travel. This Administration does not care about safety, efficiency, or homeland security. This will take us back to the days of security at the lowest price with the highest costs for our country. Since 9/11 we have committed to 'Never Forget' and this Administration must understand just how seriously we mean it."

Amb. Norm Eisen (ret.), co-founder and executive chair of SDDF, criticized the administration's actions as unlawful: "The Trump administration's attacks on TSA workers are yet another example of the administration's disregard for the rule of law. The administration's actions are unconstitutional and significantly threaten the fundamental rights of federal employees. State Democracy Defenders Fund stands firmly with the unions in this fight, and we will use every legal tool at our disposal to stop this brazen abuse of power."

You can read the complaint here.