A federal judge has blocked, at least temporarily, the decision by Department of Homeland Security Secretary Kristi Noem to ban labor union representation for the 47,000 employees of the Transportation Security Administration (TSA), which is charged with keeping the nation’s airports secure.
On Monday, District Judge Marsha J. Pechman issued a preliminary injunction against Noem and the DHS after finding that the attempted ban on collective bargaining was a way to “punish” labor unions who are challenging Trump administration policies in federal courts.
Noem announced her intention to dismantle collective bargaining at the TSA in March, citing a bizarre claim about the number of union officials at the agency, which, she argued, was constraining the agency’s ability to safeguard the US aviation and transportation systems.
Of the 47,000 TSA officers currently employed by the agency, around 0.42% work full-time on union business for the American Federation of Government Employees union, which has represented TSA employees for many years.
Within days of the so-called Noem Determination, a coalition of unions had filed a lawsuit in a Washington state court, accusing the DHS of violating their First and Fifth Amendment rights.
In her ruling, Judge Pechman concluded: “The Noem Determination appears to have been undertaken to punish AFGE and its members because AFGE has chosen to push back against the Trump Administration’s attacks to federal employment in the courts.”
The Clinton-era appointed judge continued: “The Noem Determination’s threadbare justification for termination of the CBA exposes the retaliatory nature of the decision. Her determination also appears arbitrary and capricious.”
“This win matters for workers everywhere. But it also matters for every person who believes we should protect the freedom to fly and the backbone of our economy.”
Sara Nelson, national president of the Association of Flight Attendants
“Because Plaintiffs have shown a strong likelihood of success on their claims, that they face irreparable harm without an injunction, and that the balance of hardships and public interest favor their position, the Court GRANTS the Motion for Preliminary Injunction,” the judgment continued.
Noem is yet to publicly respond to the ruling.
The TSA was created in 2001 following the 9/11 terror attacks, and for the first ten years of the agency’s life, security officers were barred from joining a union. That changed in 2011 when the TSA administrator found that poor employee morale threatened the safety of air travelers.
To address this issue, union membership was finally permitted on a voluntary basis. The AFGE currently represents around 26,000 Transportation Security Officers across the United States.
Rather than working for the benefit of TSA employees, however, Judge Pechman said Noem had cast the union as an “enemy” to Transportation Security Officers.
“Unlike prior determinations that relied on extensive review and robust decision making, Noem supported her decision with citation to various Executive Orders issued by the Trump Administration that disapprove of unionization of federal employees,” Pechman wrote in her 41-page judgment.
“Today’s court decision is a crucial victory for federal workers and the rule of law,” commented AFGE National President Everett Kelley following the ruling.
“The preliminary injunction underscores the unconstitutional nature of DHS’s attack on TSA officers’ First Amendment rights,” Kelley continued.
