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Judge finds TSA violated court order in new attempt to dissolve union

A federal judge has blocked the Transportation Security Administration and the Department of Homeland Security in their latest attempt to dissolve TSA’s union agreement.

In a Jan. 15 ruling, U.S. District Judge Jamal Whitehead granted an emergency motion to prohibit TSA from eliminating a collective bargaining agreement covering approximately 47,000 airport security screeners. TSA had been planning to dissolve the CBA effective Jan. 18.

The American Federation of Government Employees, which represents transportation security officers under the CBA, celebrated the ruling.

β€œTSA officers – many of whom are veterans – are patriotic public servants who swore an oath to protect the safety of the traveling public and to ensure that another horrific attack like September 11 never happens again,” AFGE National President Everett Kelley said in a statement. β€œThe administration’s repeated efforts to strip these workers of a voice in their working conditions should concern every person who steps foot in an airport.”

The ruling is the latest development in the Trump administration’s effort to eliminate TSA union rights.

Homeland Security Secretary Kristi Noem first moved to eliminate TSA’s union last March. AFGE sued to block that effort, and in June, the court issued a preliminary injunction that prohibited TSA from moving forward with eliminating TSO union rights while the court case played out.

But in September, Noem signed a separate determination that directed TSA to strip security screeners of union rights and eliminate the CBA. DHS and TSA did not announce the new determination until early December.Β 

TSA argued that the determination was based on a new analysis of the costs associated with the union agreement.

In Whitehead’s latest ruling, however, he pointedly criticized TSA’s latest attempt to eliminate the union agreement. He wrote that officials β€œdo not cite, quote, or otherwise engage with the operative language” in the preliminary injunction, which prohibits TSA and DHS from denying AFGE and TSO’s β€œany and all rights and/or working conditions guaranteed in the 2024 CBA.”

β€œThe question before the court is straightforward: does defendants’ planned implementation of the September Noem Determination violate the existing preliminary Injunction? The answer is plainly yes,” Whitehead wrote.

He directed TSA to notify bargaining unit TSO’s that the Noem determination will not take effect on Jan. 18, β€œthe 2024 CBA remains applicable and binding, and the currently pending grievances and arbitrations submitted under the 2024 CBA will continue to be processed.”

The case is still scheduled to go to trial in September 2026, absent any new developments or updates.

The post Judge finds TSA violated court order in new attempt to dissolve union first appeared on Federal News Network.

Β© AP/Lynne Sladky

TSA shutdown

DHS agrees to push back plans to dissolve TSA union

  • The Department of Homeland Security has agreed to push back by a week plans to dissolve a union agreement for airport screeners as part of an ongoing court case. The Transportation Security Administration had planned to eliminate the collective bargaining agreement for TSA staff on January 11. But the American Federation of Government Employees, which represents TSA staff, is seeking an emergency order to block that action. TSA says it will delay the effective date to January 18 to allow for arguments over the motion. The judge in the case had already issued a preliminary injunction blocking an earlier attempt by TSA to eliminate the union agreement.
    (AFGE AFL-CIO v. Noem - Court Listener)
  • The Federal Emergency Management Agency this week awarded $250 million to 11 states and the National Capital region under a counter-unmanned aircraft system grant program. The states are all hosting FIFA World Cup matches next summer. The grants are intended to help them defend against unauthorized drone activity. The C-UAS Grant Program was established with $500 million from the One Big Beautiful Bill Act. FEMA says the remaining $250 million will be distributed across all U.S. states and territories next year.
  • The Trump administration’s use of paid administrative leave is coming under scrutiny. Public Employees for Environmental Responsibility is urging the Government Accountability Office to investigate the situation. PEER officials say the leave used within the deferred resignation program was wasteful and unlawful. Despite a limit of 10 admin leave days per year, thousands of feds who took the DRP spent months on paid leave. PEER estimates that the DRP cost about $10 billion in taxpayer money.
    (Comments on Trump administration use of administrative leave - Public Employees for Environmental Responsibility)
  • The Office of Personnel Management is addressing concerns from Congress over retirement processing delays. In a letter to House Democrats, OPM Director Scott Kupor touted a new digital system that he says is streamlining retirement processing. Kupor also argued that outdated systems, rather than staffing levels, are to blame for the challenges HR employees are facing. The director’s letter comes in response to recent concerns from Democrats over major retirement processing delays, caused by a flood of paperwork from the deferred resignation program.
  • Members of the National Guard are patrolling in New Orleans on this New Years’ Eve, a year after a truck attack on Bourbon Street killed 14 people. President Trump authorized 350 troops to deploy to the city in order to help with security. The guard members are expected to stay beyond New Years’ though, through the end of the Mardi Gras season. The city has yet to implement permanent security changes in the aftermath of the Jan. 1 attack.
  • Another court ruling now prevents the Trump administration from dismantling the Consumer Financial Protection Bureau. Judge Amy Berman Jackson ruled against the White House, which had argued the CFPB can’t be funded by earnings from the Federal Reserve because of a deficit on the Fed’s own balance sheet. Jackson said that legal theory was an attempt to circumvent an earlier injunction that kept the administration from firing the agency’s workforce. A union lawsuit over whether the administration can legally shut down the agency is set to go to trial in February.

The post DHS agrees to push back plans to dissolve TSA union first appeared on Federal News Network.

Β© AP Photo/Michael Dwyer

FILE - In this Dec. 23, 2018 file photo, Transportation Security Administration officers check boarding passes and identification at Logan International Airport in Boston. A House panel is divided over the Trump administration’s move to send TSA employees from airports to the US-Mexico border. Republican lawmaker says the move shows the severity of the crisis on the border, where waves of migrants are arriving. But a Democratic committee chairman says the administration is manufacturing a crisis. (AP Photo/Michael Dwyer, File)

House Dems urge TSA to preserve collective bargaining agreement

House Democrats are urging the Transportation Security Administration to abandon efforts to do away with a collective bargaining agreement covering some 47,000 TSA airport screeners.

In a Dec. 23 letter to Homeland Security Secretary Kristi Noem and acting TSA Administrator Ha Nguyen McNeill, 12 Democrats on the Homeland Security Committee say they have β€œdeep concern” about the latest attempt to overturn TSA’s union agreement.

The letter signees include Homeland Security Committee Ranking Member Bennie Thompson (D-Miss.) and subcommittee on transportation and maritime security Ranking Member LaMonica McIver (D-N.J.).

Their letter points to an ongoing case in federal court over the Department of Homeland Security’s directive to end TSA’s collective bargaining agreement. The judge in that case issued a preliminary injunction in June blocking DHS’s previous efforts to dissolve the agreement.

β€œDHS’s renewed effort to unilaterally void a valid, seven-year collective bargaining agreement – without a resolution to the pending litigation – displays a clear and flagrant disregard for the rule of law and workers’ rights,” the lawmakers write.

TSA has said it plans to eliminate the collective bargaining agreement and implement a new β€œlabor framework” for the agency starting Jan. 11.

The American Federation of Government Employees represents most TSA staff under the 2024 collective bargaining agreement. AFGE joined with several unions in filing the lawsuit challenging DHS’s prior attempt to dissolve the CBA.

Lawyers representing DHS in federal court recently filed a motion to dismiss the case, arguing that Noem’s new September determination to end TSA union rights is based on β€œan entirely different supporting record and data unavailable” at the time of Noem’s previous directive, which led to the court case and the preliminary injunction.

AFGE’s lawyers have since countered with an emergency motion to enforce the preliminary injunction. They argue DHS is attempting to β€œevade the court’s injunction.”

The judge overseeing the case recently directed the parties to confer on a briefing schedule for the emergency injunction.

The Trump administration has sought to do away with most federal employee unions. At DHS, leaders have argued that collective bargaining for TSA officers β€œis inconsistent with efficient stewardship of taxpayer dollars and impedes the agility required to secure the traveling public,” according to TSA’s statement on the new labor framework.

β€œOur 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 as part of a press release. β€œUnder the leadership of Secretary Noem, we are ridding the agency of wasteful and time-consuming activities that distracted our officers from their crucial work.”

But in their letter, House Democrats argue that the 2024 union agreement was negotiated β€œin good faith to address long-standing issues at TSA, such as high attrition rates, inconsistent workplace policies, and the lack of a proper system for employees to voice safety and operational concerns.”

β€œEliminating collective bargaining protections for TSOs will not improve efficiency or security,” they wrote. β€œIt will silence workers who are best positioned to identify safety risks, exacerbate attrition at a time of ongoing staffing challenges, and ultimately make air travel less safe for the American public.”

The post House Dems urge TSA to preserve collective bargaining agreement first appeared on Federal News Network.

Β© AP Photo/Manuel Balce Ceneta

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