DHS moves to eliminate TSA collective bargaining agreement, again
The Department of Homeland Security is again moving to rescind a collective bargaining agreement with Transportation Security Administration employees, despite an ongoing court case over DHS’ prior move to eliminate the TSA union agreement.
In a Dec. 12 press release, TSA announced that a new “labor framework” would be implemented starting Jan. 11, 2026. The framework rescinds the 2024 CBA between TSA and the American Federation of Government Employees, the agency said.
TSA said the decision is based on a Sept. 29 determination by Homeland Security Secretary Kristi Noem, “Eliminating Collective Bargaining at TSA Due to its Incompatibility with TSA’s National Security Mission and its Adverse Impact on Resources, Flexibility, Mission Focus, Security Effectiveness, and Traveler Experience.”
TSA said Noem’s determination — which it did not release — “establishes that employees performing security screening functions … have a primary function of national security and shall not engage in collective bargaining or be represented for any purposes by any representative or organization.”
Noem also determined that collective bargaining for TSA officers “is inconsistent with efficient stewardship of taxpayer dollars and impedes the agility required to secure the traveling public,” according to the agency statement.
“Our Transportation Security Officers (TSOs) need to be focused on their mission of keeping travelers safe not wasting countless hours on non-mission critical work,” Adam Stahl, senior official performing the duties of TSA deputy administrator, said in the press release. “Under the leadership of Secretary Noem, we are ridding the agency of wasteful and time-consuming activities that distracted our officers from their crucial work.”
AFGE quickly criticized TSA’s announcement. AFGE represents approximately 47,000 airport screeners under the CBA.
“Merely 30 days ago, Secretary Noem celebrated TSA officers for their dedication during the longest government shutdown in history,” AFGE National President Everett Kelley said as part of a statement. “Today, she’s announcing a lump of coal right on time for the holidays: that she’s stripping those same dedicated officers of their union rights.”
AFGE noted that a federal judge earlier this year blocked DHS from dissolving the collective bargaining agreement. The union had brought the lawsuit in response to a previous determination issued by Noem that sought to dissolve the CBA.
In granting the preliminary injunction in June, the judge presiding over the case wrote that Noem’s previous attempt to dissolve the CBA “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.”
That ongoing case is currently scheduled to go to trial next September.
Kelley said AFGE “will continue to challenge these illegal attacks on our members’ right to belong to a union.” He also urged the Senate to pass the Protect America’s Workforce Act “immediately.”
TSA staff don’t have the same statutory rights as other federal employees under Title 5 of U.S. Code. But in response to longstanding concerns about TSA attrition, then-TSA Administrator David Pekoske in 2022 issued a determination that expanded collective bargaining at the agency to mirror the bargaining rights under Title 5.
TSA and AFGE then negotiated and signed a seven-year collective bargaining agreement last year. The agreement established a streamlined process for grievance and arbitration, expanded official time, fewer restrictions on sick leave, increased uniform allowances and opportunities for local collective bargaining.
In a statement today, AFGE Council 100 President Hydrick Thomas called the decision to revoke the CBA a “slap in the face” to TSA employees
“Prior to having a union contract, many employees endured hostile work environments and workers felt like they didn’t have a voice on the job, which led to severe attrition rates and longer wait times for the traveling public,” Thomas said. “Since having a contract, we’ve seen a more stable workforce, and there has never been another aviation-related attack on our country.”
In its statement, TSA said that agency policy will govern “employment matters previously addressed by the 2024 CBA, and TSA policy will provide for alternative procedures to ensure that employee voices are heard and that legitimate concerns are resolved quickly.”
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