Kristi Noem signed a memorandum on Feb. 27 that said the agreement was non-binding and rescinded, according to the suit.
Several unions on March 13 sued the Department of Homeland Security (DHS) and Transportation Security Administration (TSA), asserting that they violated federal law and constitutional rights with the ending of collective bargaining for TSA agents.
According to the lawsuit filed in federal court in Seattle, DHS Secretary Kristi Noem’s purported rescission of the 2024 agreement between the TSA and unions was illegal, in part, because it cannot be rescinded without authorization from both the government and union officials.
The agreement “expressly provides that the agreement ’may only be changed upon mutual written consent of the Parties,’” the lawsuit states.
The DHS recently said it was ending the agreement, alleging the pact was constraining the TSA’s mission to keep Americans safe while traveling.
The agreement was “being exploited by a select few poor performers, placing greater burden on [security officers] at the expense of American travelers and taxpayers,” the agency said in a statement.
DHS also said that nearly 200 TSA officers work full-time on union matters, even though they’re paid by the government.
Noem signed a memorandum on Feb. 27 that said the agreement was non-binding and rescinded, according to the suit. DHS has not made the memo public.
The American Federation of Government Employees (AFGE) and other unions said in the suit that the withdrawal was spurred in part by how the unions have criticized and taken action against Trump administration actions.
AFGE has been successful in several other suits against the government, including this week winning the reinstatement of thousands of workers who were laid off.
The plaintiffs pointed to Noem’s memo, which named the federation, and the government’s press release on the development, which alleged security officers were “losing their hard-earned dollars to a union that did not represent or protect their interests.”
“By publicly touting the annual loss in membership dues that AFGE will face if DHS and TSA’s actions are allowed to stand, Defendants send a clear message to others who dare to challenge Trump administration policies: you will pay for speaking out,” the suit states.
Other union plaintiffs include the Communications Workers of America and the Association of Flight Attendants-CWA.
“Tearing up a legally negotiated union contract is unconstitutional, retaliatory, and will make the TSA experience worse for American travelers,” Everett Kelley, AFGE’s president, said in a statement.
“No employer should be able to arbitrarily terminate a union contract,” added Claude Cummings Jr., president of the Communications Workers of America.
A TSA spokesperson declined to comment on the suit.
“Instead of lawsuits, we invite AFGE to join all Americans and TSA employees in celebrating increased safety and national security thanks to this action,” a DHS spokesperson told The Epoch Times via email.