FOR IMMEDIATE RELEASE
January 2026 — Minneapolis–St. Paul, MN

AFGE Local 899 is providing a comprehensive update on the ongoing federal court litigation challenging the Department of Homeland Security’s efforts to terminate collective bargaining rights for Transportation Security Officers. This update replaces earlier communications and reflects the most recent court ruling enforcing the existing injunction.

Background: TSA Collective Bargaining and the 2024 CBA

Transportation Security Officers voluntarily chose AFGE as their exclusive representative, and in 2024 AFGE and TSA negotiated a new Collective Bargaining Agreement in good faith. The agreement addressed workplace protections, due process, scheduling, leave, and other conditions of employment that directly affect morale, retention, and operational effectiveness. AFGE has consistently maintained that collective bargaining strengthens TSA’s mission by ensuring fairness, transparency, and stability in the workforce.

The Noem Determination and Initial Lawsuit

In early 2025, DHS Secretary Kristi Noem issued a determination rescinding the Collective Bargaining Agreement and removing union rights for TSOs nationwide. AFGE challenged that action in federal court, arguing that the determination was unlawful and violated the Constitution and federal administrative law. AFGE asserted that the determination was not driven by legitimate operational needs, but instead was designed to silence union representation and punish protected union activity.

The Court’s Preliminary Injunction

In June 2025, the federal court issued a preliminary injunction in favor of AFGE. In that ruling, the court found that AFGE was likely to prevail on the merits of its claims and ordered TSA to refrain from denying collective bargaining rights while the case proceeds. The court concluded that AFGE raised serious legal questions under the Administrative Procedure Act and the Constitution, including due process and First Amendment concerns. The injunction preserved the status quo and restored CBA rights pending final resolution of the case.

TSA’s September 2025 Determination

In September 2025, while the preliminary injunction remained in effect, TSA issued a new determination again announcing its intent to terminate the Collective Bargaining Agreement. TSA claimed the new determination cured defects identified by the court. AFGE disagreed and took the position that TSA cannot evade a court order by repackaging the same action under a new label with the same practical effect.

AFGE’s Return to Court

In response, AFGE returned to federal court and filed an Emergency Motion to Enforce the Preliminary Injunction, asking the court to prevent TSA from implementing the September determination. AFGE argued that the practical effect of TSA’s September action was identical to the conduct already barred by the injunction. TSA opposed AFGE’s emergency motion and also filed a separate motion seeking to dismiss the lawsuit entirely and dissolve the injunction. AFGE filed full responses to those motions and moved to supplement the complaint so that TSA’s September determination was squarely before the court.

Current Court Action and Hearing

The U.S. District Court actively managed the case and took control of the timeline. The court ordered TSA to delay implementation of the September determination and set an expedited briefing schedule. Following completion of briefing, the court held oral argument on January 13, 2026 before U.S. District Judge Jamal N. Whitehead. The court also authorized public audio access to the hearing. A written ruling was issued following the hearing enforcing the existing injunction.

Court Enforces Injunction and Blocks TSA for Second Time

After the January 13, 2026 hearing, the U.S. District Court granted AFGE’s Emergency Motion to Enforce the Preliminary Injunction. The court ruled that TSA’s September 2025 determination cannot be implemented and that the preliminary injunction applies equally to TSA’s renewed attempt to terminate the Collective Bargaining Agreement. The court found that implementing the September determination would deny bargaining unit employees their rights under the 2024 CBA and violate the existing injunction. As a result, TSA is barred for a second time from terminating the CBA, ending official time, or cancelling grievances and arbitration while the case proceeds. The court also ordered TSA to notify bargaining unit employees that the September determination will not take effect and confirmed that the 2024 TSA–AFGE Collective Bargaining Agreement remains applicable and binding unless and until the court orders otherwise.

What This Means for Bargaining Unit Employees

As a result of the court’s enforcement order, the 2024 Collective Bargaining Agreement and related rights remain in effect. Official time, grievances, arbitration, and other contractual protections continue to be governed by the CBA while the case proceeds. Although the litigation itself remains ongoing, the court has now twice blocked TSA from removing the Collective Bargaining Agreement during the pendency of the case.

AFGE Local 899’s Commitment Going Forward

AFGE Local 899 remains steadfast in its commitment to defending the collective bargaining rights our members voted for and to ensuring that any changes to those rights comply with the law and the Constitution. We will continue to pursue all available legal remedies and will keep bargaining unit employees informed with accurate, timely updates based on court filings and orders.

Stay informed. Stay united.

In solidarity,
AFGE Local 899