Unions File Lawsuit Against DHS to Stop the Illegal Termination of Transportation Security Officers' Collective Bargaining Agreement

SEATTLE, WA – A coalition of unions today filed a lawsuit against Secretary of Homeland Security Kristi Noem, the Department of Homeland Security (DHS), the Transportation Security Administration (TSA), and TSA Senior Official Adam Stahl for the unlawful and unilateral termination of a negotiated union contract, which protects approximately 47,000 Transportation Security Officers (TSOs). The plaintiffs include 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).

Filed in the U.S. District Court for the Western District of Washington at Seattle, the lawsuit seeks to block this illegal action, which violates the constitutional rights of federal employees and undermines collective bargaining protections. The plaintiffs argue that Secretary Noem’s actions constitute unconstitutional retaliation against AFGE for exercising its First Amendment right to advocate on behalf of federal workers and that the administration’s actions also violate the Fifth Amendment by stripping TSA workers of vested property rights without due process.

The plaintiffs demand immediate injunctive relief to stop the administration from rescinding the existing contract, eliminating union representation, and stripping workers of their bargaining rights. They are represented 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," said 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."

“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”, said CWA President Claude Cummings, Jr. “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.”

"The decision to eliminate collective bargaining rights for TSA is terrible for aviation security and everyone who depends on safe travel,” said Sara Nelson, president of AFA-CWA, representing 55,000 Flight Attendants at 20 airlines. “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."

"The Trump administration's attacks on TSA workers are yet another example of the administration's disregard for the rule of law," said Amb. Norm Eisen (ret.), co-founder and executive chair of SDDF. “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.

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The American Federation of Government Employees (AFGE) is the largest federal employee union, representing more than 800,000 workers in the federal government and the government of the District of Columbia. For the latest AFGE news and information, visit the AFGE Media Center.

The Communications Workers of America represents working people in telecommunications, customer service, media, airlines, health care, public service and education, manufacturing, tech and other fields.

The Association of Flight Attendants-CWA (AFA-CWA) is the flight attendant union organized by flight attendants for flight attendants. AFA represents over 50,000 flight attendants at 20 airlines, serving as a voice for flight attendants at their workplace, in the industry, in the media and on Capitol Hill. 

Bredhoff & Kaiser PLLC is one of the nation’s preeminent law firms devoted to empowering workers and the institutions that advocate for them. 

State Democracy Defenders Fund brings together a nonpartisan team to work with national, state and local allies across the country to defend in real-time the foundations of our democracy.