Federal Employees Union Sues Trump Administration

Person holding lawsuit document at desk with laptop

Federal employees’ largest union has sued the Trump administration for revoking collective bargaining rights from 50,000 TSA agents, claiming the action violates both the Constitution and binding contract principles.

Quick Takes

The American Federation of Government Employees (AFGE) filed a lawsuit challenging DHS Secretary Kristi Noem’s termination of their seven-year collective bargaining agreement.
The union claims Noem lacks legal authority to end the contract and that the action violates First and Fifth Amendment rights.
DHS maintains that more TSA officers are engaged in union activities than passenger screening at most airports.
The lawsuit alleges the termination is retaliation for previous AFGE legal actions against the government.
TSA workers have historically had limited collective bargaining rights compared to other federal employees.

Union Challenges Noem’s Authority to Terminate Contract

The American Federation of Government Employees has taken legal action against Department of Homeland Security Secretary Kristi Noem following the termination of a collective bargaining agreement covering approximately 50,000 TSA agents. The union contends that Noem overstepped her authority by unilaterally ending the seven-year agreement that was signed just last year. According to court documents, the AFGE maintains that the contract remains legally binding despite the administration’s efforts to dissolve it. The lawsuit represents a significant clash between organized labor and the newly established Trump administration.

The union’s legal challenge specifically targets what it describes as an unconstitutional and arbitrary action. AFGE officials have characterized the contract termination as part of a broader pattern of hostility toward government employee unions. The rescission was formally announced by DHS last week, though documentation reveals Noem had actually signed the order ending the agreement a month earlier. This timing has raised additional questions about transparency in the decision-making process and further fueled tensions between the administration and federal workforce representatives.

Constitutional Violations and Retaliation Claims

At the heart of the lawsuit are allegations that the administration’s actions violate multiple constitutional protections. The AFGE’s legal filing asserts that Noem’s decision to terminate the collective bargaining agreement infringes upon both First Amendment rights to association and Fifth Amendment protections against arbitrary government actions. Additionally, the union contends the termination violates the Administrative Procedures Act by circumventing established legal processes for altering federal labor agreements. These claims elevate the dispute beyond a simple contract disagreement to a constitutional challenge.

The union has explicitly framed the contract termination as retaliatory action for previous lawsuits it filed on behalf of government workers. AFGE representatives argue that this pattern demonstrates an attempt to silence union advocacy through administrative penalties. The Department of Homeland Security has rejected these characterizations, instead positioning the decision as necessary to improve operational efficiency at airport security checkpoints nationwide. This fundamental disagreement about motivations underscores the contentious relationship between the parties.

Disputed Claims About Union’s Impact on Operations

Department of Homeland Security officials have defended their decision by claiming that union activities are interfering with TSA’s core security mission. According to DHS statements, more TSA officers at most airports are engaged in union work than are actively screening passengers. This assertion has been vigorously disputed by the AFGE, which characterizes it as a misrepresentation designed to undermine public support for organized labor within the agency. The factual disagreement highlights the polarized perspectives on the appropriate role of unions in national security operations.

The contract dispute occurs against a backdrop of longstanding limitations on TSA workers’ collective bargaining rights. Unlike most federal employees who enjoy comprehensive Title 5 protections, TSA agents have historically operated under restricted bargaining frameworks. The Biden administration had extended additional rights to these workers in 2021, a policy change now being reversed. Congressional Democrats, including Representative Bennie Thompson (D-MS) and Senator Brian Schatz (D-HI), have introduced legislation aimed at standardizing TSA employees’ rights with those of other federal workers, though these efforts face uncertain prospects in the current political environment.