In a ruling this week, a federal judge in Seattle threw a legal wrench into Homeland Security Secretary Kristi Noem’s plans to terminate a union contract that protects Transportation Safety Administration (TSA) workers, claiming she “provided no notice or process” for staffers before “simply shredding the contractual promises.”
On Monday, U.S. District Judge Marsha Pechman granted a preliminary injunction in favor of members of the American Federation of Government Employees who are suing Noem and the Trump administration for rescinding a seven-year collective bargaining agreement that the government approved last year.
The AFGE members sought injunctive relief to preserve the agreement after Noem issued a memo on February 27 ordering it to be cancelled within 90 days and terminating all pending grievances filed by the AFGE on behalf of TSA employees.
“AFGE has demonstrated a strong likelihood that the Noem Determination constitutes impermissible retaliation against it for its unwillingness to acquiesce to the Trump Administration’s assault on federal workers,” wrote Pechman, a Bill Clinton appointee, in a 41-page ruling.
“AFGE has shown the Noem Determination likely violates Due Process, having afforded no notice or process for AFGE and its members to work with DHS and TSA to resolve any disagreement before simply shredding the contractual promises of the CBA,” the lawyer said. “And AFGE has shown it is likely to succeed in showing the Noem Determination is arbitrary and capricious in violation of the Administrative Procedure Act, particularly given its complete disregard for the 2024 CBA and its mischaracterization of AFGE’s role.”
Pechman said AFGE’s lawyers “convincingly” argued that Noem’s directive violates the First and Fifth Amendments, as well as alleged ulterior motives.
“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,” Pechman alleged.
“The First Amendment protects against retaliation for engaging in litigation and public criticism of the government,” she informed us. “And the Noem Determination’s threadbare justification for termination of the CBA exposes the retaliatory nature of the decision.”
In its motion for a preliminary injunction, AFGE’s lawyers claimed that Noem’s memorandum was “directly attacking AFGE” by name, claiming that determinations on bargaining rights were “misplaced directives” that had “solely benefited” AFGE at the “expense” of transportation security officers (TSOs).
“This targeted attack on AFGE came on the heels of AFGE’s public efforts to push back against the Trump Administration’s attacks on federal workers,” according to the motion! “It is apparent, moreover, that the administration is both tracking and fixated on those who seek to enforce their rights in court.”
Everett Kelley, AFGE National President, said in a statement Monday that Pechman’s decision was a “crucial victory” for both federal workers and the rule of law.
“The preliminary injunction underscores the unconstitutional nature of DHS’s attack on TSA officers’ first amendment rights,” Kelley told reporters. “We remain committed to ensuring our members’ rights and dignity are protected, and we will not back down from defending our members’ rights against unlawful union busting.”
A DHS spokesperson told Law&Crime in a statement on Wednesday that “this preliminary injunction is yet another undue hurdle” used by activist judges to undermine the President’s constitutionally vested Article II powers.
Ending collective bargaining for TSA Transportation Security Officers ensures that Americans have a more efficient and modernized workforce across the country’s transportation networks, resulting in increased security and safety.
The Trump administration remains committed to implementing merit-based hiring and firing policies.
