American Federation of Government Employees AFL-CIO v. Noem (2:25-cv-00451) District Court, W.D. Washington
plaintiffs-vs-dhs-tsa-complaint-for-declaratory-and-injunctive-relief-031325 (pdf)
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When the Transportation Security Administration (TSA) first came into being, Transportation Security Officers (TSOs) were completely subject to the whims of their managers, who could discipline TSOs for everything and nothing. This affected their morale and hurt their ability to do their jobs protecting the flying public.
AFGE fought alongside TSOs, and the workers voted to join AFGE in 2011 to improve their working conditions so that they could focus on protecting the flying public. We made enormous progress with a union contract, but the Trump administration earlier this month illegally terminated the negotiated contract with AFGE, prompting our union to file a lawsuit.
It's important to remember that Congress federalized the screening function to better protect airline passengers after the 9/11 terrorist attacks. As the U.S. was fighting the war on terror here at home and abroad, TSOs shouldered the enormous responsibility of protecting air travelers and keeping our skies safe. Despite this important mission, TSA failed to provide decent working conditions to the very workforce that kept America safe.
It was not acceptable, for example, that TSA retaliated against TSOs for filing workers compensation claims after being injured on the job. When TSOs got sick from wearing uniforms laden with formaldehyde, the agency refused to replace them. TSA conducted performance tests of officers on the machines that they did not actually use and fired them for failing these tests.
AFGE recognized this problem early on, and we repeatedly pushed TSA to be a better employer. Even before AFGE and TSOs won a union contract, AFGE played a crucial role in protecting TSOs’ workplace rights. We forced TSA to comply with applicable laws through complaints and litigation, and in many cases, we won back pay for them.
AFGE will continue to serve as representatives for employees facing disciplinary actions/adverse actions. We can help them file:
Complaints alleging constitutional violations.
Additionally, we can advocate for our members' rights before Congress.
The only way to fight back is to stand together as a union
By illegally ripping up the union contract, Trump is trying to move this important agency backward. TSOs must stand together and prevent your work from being lost to privatization. TSOs at several airports such as those in Los Angeles, San Diego, and Norfolk are already fighting back.
The only way to win back what the union negotiated in the contract —whether it’s shift trades, parking, uniforms, and more —is by standing together as a union. We can’t win back our union rights if we give up our union.
Stay in the fight and join AFGE’s E-Dues!
SEATTLE, WA – A coalition of unions today filed a lawsuit against Secretary of Homeland Security Kris 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."
WASHINGTON – In response to the announcement by Department of Homeland Security Secretary Kristi Noem that she was issuing a determination purporting to end collective bargaining for Transportation Security Officers, AFGE National President Everett Kelley issued the following statement:
“47,000 Transportation Security Officers show up at over 400 airports across the country every single day to make sure our skies are safe for air travel. Many of them are veterans who went from serving their country in the armed forces to wearing a second uniform protecting the homeland and ensuring another terrorist attack like Sept. 11 never happens again.
“Today, Secretary Noem and the Trump administration have violated these patriotic Americans’ right to join a union in an unprovoked attack.
“They gave as a justification a completely fabricated claim about union officials – making clear this action has nothing to do with efficiency, safety, or homeland security. This is merely a pretext for attacking the rights of regular working Americans across the country because they happen to belong to a union.
“Our union has been out in front challenging this administration's unlawful actions targeting federal workers, both in the legal courts and in the court of public opinion. Now our TSA officers are paying the price with this clearly retaliatory action.
“Let’s be clear: this is the beginning, not the end, of the fight for Americans’ fundamental rights to join a union. AFGE will not rest until the basic dignity and rights of the workers at TSA are acknowledged by the government once again.
“I call on all patriotic and freedom-loving Americans to contact your elected officials and demand they take action immediately to stop these attacks.”
Additional information:
All federal employees who join AFGE or any other union do so voluntarily. Joining the union is not a requirement of working at TSA or any other federal agency.
Despite false claims to the contrary, TSOs who volunteer as union representatives account for less than half a percent of all work hours performed at TSA. There are fewer union representatives nationwide at TSA than the number of total screeners at 86% of individual federal airports.
https://www.afge.org/publication/eliminating-tsa-officers-union-is-clear-retaliation-afge-says
March 7, 2025
At approximately 7:59 AM, TSA employees received an email from officeoftheadministrator@tsa.dhs.gov with the subject line, “100 – A Message from the Senior Official Performing the Duties of the Administrator, Adam Stahl, on Collective Bargaining Determination.” This message marks an important moment in the ongoing discussions regarding collective bargaining for TSA employees.
At this time, we are actively working to ensure that all employees receive the most up-to-date and accurate information related to the collective bargaining determination. The Executive Board of AFGE Local 899 is in continuous communication with local TSA management, AFGE Council 100, and the AFGE District 8 office to ensure that our members are well informed and that any updates are promptly shared.
We understand that this is a time of uncertainty, and we want to reassure you that as more information becomes available throughout the day, we will be releasing official statements and updates. These updates will be made available on our website, AFGELocal899.org, where we will post the latest developments and any steps we are taking to address the situation.
We kindly ask for your patience and understanding as we navigate through these changes. We know this can be a stressful time, but please remain calm as we continue to work diligently to provide clarity and support. Our priority is to ensure that everyone has the necessary information and resources as we move forward together.
In Solidarity,
AFGE Local 899 Executive Board
Here is Neal's speech. See next clip for the full video.
AFGE Local 899 joined SEIU Local 26, IAM Delta, and Airport Workers United to speak out and demand action.
https://www.youtube.com/watch?v=jtDbetNR9TM
As spring break crowds fill MSP, the workers who keep the airport running are demanding action. 📢 Speakers include: ✈️ TSA agents speaking out on threats to their union 🏥 Airport service workers fighting for healthcare 🚗 Rideshare drivers demanding a real rest area and dignity on the job Joined by: Rep. Samakab Hussein & Rep. María Isa Pérez-Vega
In March of 2025, the National Association of Letter Carriers Branches 9 and 28 held a rally at the Minnesota State Capitol to bring awareness to efforts to stop planned privatization efforts by Elon Musk and corporate interests through the guise of the Donald Trump administration. The post office is the only department of the US Government guaranteed by the Constitution of the United States and predates the existence of the United States Government as a whole. Speakers included: Tyler Vasseur (Shop Steward NALC Branch 9), Neal Gosman, (Treasurer American Federation of Government Employees Local 899), US Senator Tina Smith (DFL-MN), Representatives of US Representative Angie Craig (DFL-MN 2nd District), Andrew Hagen (Steward and Executive Board Member NALC Branch 9), Ryan Timlin (Union Steward, Amalgamated Transit Union Local 1005), Greg Pikeland (President, American Postal Workers Union in Minneapolis), Patrick Johnson (NALC Region 7 Business Agent), Marcia Howard (President, Teacher Chapter MFT Local 59), Chris Pennick (Executive Vice President, NALC Branch 9)
The National Association of Letter Carriers invited AFGE Local 899 to join them and speak at their rally on March 23rd 2025 about the illegal actions this administration took on TSA workers. Our Unions stand together against the unlawful actions from this administration.
See next clip for full video
We must urge Congress to immediately call on the Trump Administration to reverse its decision to rescind the collective bargaining agreement for TSOS and to cosponsor and pass the Rights for the TSA Workforce Act (H.R. 2086 and S. 997). This legislation would give frontline TSOs the same workplace rights and protections afforded to other federal workers under Title 5 of the U.S. Code. All workers deserve fairness and respect on the job. The Rights for the TSA Workforce Act would give TSOs the civil service protections that they deserve.
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