Federal courts have once again sided with labor, handing a significant victory to the 47,000 Transportation Security Officers represented by the AFGE. A federal judge ruled last week that the Trump administration’s recent push to annul the workers’ contract was a direct violation of an existing court order.
This ruling stymies Homeland Security Secretary Kristi Noem’s second attempt to sever the collective bargaining agreement (CBA) with the Transportation Security Administration.
A Timeline of Legal Battles The conflict dates back to March 7, when Secretary Noem first moved to terminate the contract. That effort was halted in June by U.S. District Judge Marsha Pechman of the Western District of Washington, who issued a preliminary injunction. Judge Pechman cited violations of the First and Fifth Amendments, as well as the Administrative Procedure Act, as grounds for blocking the DHS action.
Despite the clear terms of that injunction, Secretary Noem signed a new declaration in September aimed at ending the agreement. The DHS failed to disclose this move to the union or TSA employees until December, keeping thousands of officers in the dark about the threat to their rights while they worked without pay during the government shutdown.
The Latest Ruling On December 18, the AFGE filed an emergency motion to enforce the previous injunction. Following a hearing in Seattle on January 13, U.S. District Judge Jamal Whitehead issued a ruling on January 15.
Judge Whitehead determined that enacting Secretary Noem’s September order would breach the preliminary injunction, stating that the June order “by its plain terms, prohibits [TSA] from implementing the September Noem Determination.”
The court mandated that the TSA must immediately inform bargaining unit officers that:
- The September determination will not take effect on January 18, 2026.
- The 2024 CBA remains fully binding and applicable.
- All pending grievances and arbitrations under the 2024 contract must continue to be processed.
Union Response AFGE National President Everett Kelley praised the decision regarding the workforce, which includes many military veterans.
“On behalf of the 47,000 TSA officers our union represents, I thank the court for stepping in to prevent the administration from ripping up their union contract again,” Kelley stated. He added, “TSA officers… are patriotic public servants who swore an oath to protect the safety of the traveling public and to ensure that another horrific attack like September 11 never happens again. The administration’s repeated efforts to strip these workers of a voice in their working conditions should concern every person who steps foot in an airport.”