The most important federal authorities worker union is alleging in a new lawsuit that the Trump administration violated its First Modification rights and the “hallowed” sanctity of contracts by canceling a collective bargaining settlement protecting Transportation Safety Administration (TSA) airport safety screeners.
“This assault on our members is not only an assault on AFGE or transportation safety officers. It is an assault on the rights of each American employee,” stated Everett Kelly, president of the American Federation of Authorities Workers (AFGE), in an emailed assertion saying the lawsuit.
AFGE, alongside two unions representing airport employees and flight attendants, is suing the TSA, the Division of Homeland Safety (DHS), and DHS Secretary Kristi Noem, after Noem’s unilateral resolution final week to tear up what was imagined to be a seven-year union contract with TSA screeners.
DHS justified that motion by saying the contract had allowed tons of of TSA staff to gather authorities paychecks to do full-time union work. The division accused the union of failing to signify the pursuits of airport screeners and the flying public.
In its lawsuit, AFGE counters that DHS’s resolution to cancel the collective bargaining settlement is retaliation for the union’s many different authorized challenges towards the Trump administration and its Division of Authorities Effectivity–impressed actions.
In line with Simply Safety‘s litigation tracker, AFGE is a lead plaintiff in no less than 4 lawsuits difficult the administration’s efforts to fireplace federal employees, take away civil servant protections, and centralize entry to authorities information methods.
By retaliating towards AFGE for submitting these lawsuits, the union alleges, DHS has violated its First Modification proper to petition to the federal government. It additionally alleges that DHS has violated the Fifth Modification’s Due Course of Clause and the Administrative Process Act by unilaterally and arbitrarily ripping up a binding union contract.
There are many causes to get rid of the TSA, given the ineffectiveness of its safety screenings, the frequency with which it violates passengers’ rights and bodily dignity, and the inherent battle of curiosity created by an airport safety regulator offering airport safety companies.
Nonetheless, TSA brokers doubtless have a powerful authorized declare that the Trump administration cannot simply unilaterally cancel a union contract.
AFGE will doubtless have a better time asserting the rights of TSA screeners towards their employer than the flying public has had attempting to say their rights in courtroom towards TSA screeners.
Over time, passengers have filed a number of lawsuits towards TSA brokers for violating their rights.
That features Dustin Dyer, who sued the federal government and particular person TSA brokers for violating his First and Fourth Modification rights after they prevented him from filming his personal safety pat-down after which searched his cellphone.
An appellate courtroom dismissed Dyer’s case in late 2022, deciding that TSA brokers have certified immunity from lawsuits difficult their on-the-job actions.
Solely since 2023 have federal appellate courts issued a string of opinions discovering that TSA screeners are regulation enforcement officers and might, in truth, be sued in federal civil courtroom.
Whereas the union representing TSA brokers asserts its rights in courtroom, it’d need to contemplate the rights of on a regular basis air vacationers who’ve a tougher time doing the identical.
