Judge Temporarily Makes Noem Reinstate Collective Bargaining at TSA

Federal District Court Judge Marsha Pechman issued a preliminary injunction to reinstate the labor union at the Transportation Security Administration, which employs 47,000 transportation security personnel.

Pechman ruled American Federation of Government Employees and other unions which filed the lawsuit she is hearing “are likely to succeed on the merits” against Department of Homeland Security and Homeland Security Secretary Kristi Noem for violating First and Fifth Amendment Rights, and the Administrative Procedures Act.

Her ruling included:

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.

and

Without engaging at all in the [2022 directive that expanded TSA workers’ collective bargaining rights] studied conclusion that collective bargaining builds greater air travel safety, Noem arrived at a conclusion at odds with more than a decade of consistent agency belief that collective bargaining benefits TSOs, TSA, and the public. Such an action appears to violate the [Administrative Procedures Act]. And Noem’s rescission of the CBA [collective bargaining agreement] without any process likely violates Due Process, as guaranteed under the Fifth Amendment.

TSA officers had some collective bargaining rights as of 2011, which were expanded in 2022. A new collective bargaining agreement was signed in 2024.

The ruling was issued on Monday. As of Tuesday afternoon, DHS had not begun any of the steps required by Pechman’s ruling.

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