By Charles Switzer
2:11am PDT, Mar 15, 2025
Noem Faces Legal Challenge Over TSA Union Decision
Homeland Security Secretary
Kristi Noem is facing a lawsuit from the union representing Transportation Safety Administration (TSA) employees after she moved to rescind a collective bargaining agreement (CBA) signed just last year.
The American Federation of Government Employees (AFGE) argues that Noem lacks the authority to terminate an already authorized seven-year contract, claiming the decision is a retaliatory move against the union for its previous legal actions on behalf of federal workers.
"The 2024 CBA has a term of seven years and allows limited midterm bargaining," the union's lawsuit states. "This collective bargaining agreement, like any other, is a binding contract."
The legal battle could set a precedent for the administration's broader efforts to curb union influence within federal agencies.
Here's what's happening.
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DHS Claims Union Hurts TSA Efficiency — Union Calls It Retaliation
The Department of Homeland Security (DHS) first announced Kristi Noem's decision last week, though she had already signed the order terminating the contract in February.
In that announcement, DHS accused the AFGE of siphoning funds from TSA workers, stating, "TSA workers will no longer lose their hard-earned dollars to a union that does not represent them."
DHS also made the controversial claim that more TSA officers were engaged in union activities than actively screening passengers in 86 percent of U.S. airports — an assertion the AFGE dismissed as "mathematically impossible."
The union fired back, stating that
Noem's actions were based on "false claims" and specifically designed to weaken worker protections.
Legal Battle Over Federal Worker Rights Intensifies
The AFGE's lawsuit alleges that Kristi Noem's move violates both the First and Fifth Amendments, as well as the Administrative Procedures Act. "The decision by Secretary Noem to rescind the 2024 CBA, end collective bargaining mid-contract, and terminate existing grievances violates the First and Fifth Amendments to the U.S. Constitution, is arbitrary and capricious, and is contrary to law," the union's attorneys wrote in the filing.
The case will test the legal boundaries of the administration's ability to bypass or override union agreements, particularly in agencies where collective bargaining rights are limited.
Congressional Push to Strengthen TSA Worker Protections
Lawmakers are already taking steps to counter Noem's move by attempting to cement TSA workers' rights under federal law. Rep.
Bennie Thompson (D-Miss.) and Sen.
Brian Schatz (D-Hawaii) have introduced legislation that would grant TSA employees full Title 5 rights, ensuring they receive the same pay structure and workplace protections as other federal workers.
Currently, TSA employees do not have full bargaining rights, as their union status was only granted through a 2021 administrative action under the
Biden administration. The proposed legislation, if passed, would prevent future administrations from stripping these protections at will.
Impact on TSA Workforce and Future Labor Negotiations
The battle over the TSA union contract shines a light on a broader struggle between the
Donald Trump administration and organized labor within the federal government. If Noem's decision is upheld, it could embolden further rollbacks of collective bargaining agreements across multiple agencies.
For TSA workers, the loss of union protections could significantly impact their ability to challenge workplace conditions, pay disputes and disciplinary actions.
