Judge grants preliminary injunction to protect collective bargaining agreement for TSA workers

By MARTHA BELLISLE SEATTLE AP A federal judge on Monday granted a preliminary injunction to stop Homeland Safety Secretary Kristi Noem from killing a collective bargaining agreement for Transportation Safety Administration workers Related Articles Supreme Court to hear private prison company appeal in suit over immigration detainee -a-day wages ICE arrested Milford pupil while looking for dad classmates stage walkout Judge blocks administration from revoking protected status for small subset of Venezuelans Trump asks the Supreme Court to clear the way for federal downsizing plans Pennsylvania senators meet in Boston for debate and essentially fail to disagree U S District Judge Marsha Pechman of Seattle commented in her order that an injunction is needed to preserve the rights and benefits that TSA workers have enjoyed for years while being represented by the American Federation of Authorities Employees In their lawsuit Pechman disclosed the union has shown that Noem s directive to end the agreement constitutes impermissible retaliation against it for its unwillingness to acquiesce to the Trump Administration s assault on federal workers It also likely violated due process and AFGE is likely to succeed in showing that Noem s decision was arbitrary and capricious she added In contemporary times s court decision is a crucial conquest for federal workers and the rule of law AFGE National President Everett Kelley declared in a release The preliminary injunction underscores the unconstitutional nature of DHS s attack on TSA officers First Amendment rights We remain committed to ensuring our members rights and dignity are protected and we will not back down from defending our members rights against unlawful union busting Assistant U S Attorney Brian Kipnis declined to comment on the judge s ruling according to Emily Langlie spokesperson for the U S Attorney s office AFGE had entered into a new seven-year collective bargaining agreement with agency last May but Noem issued a memo Feb rescinding that agreement One week later TSA informed the union about Noem s directive saying the contract was terminated and all pending grievances would be deleted AFGE filed a lawsuit against Noem claiming the move was retaliation against the union for pushing back against the Trump administration s attacks on federal workers AFGE had filed a separate lawsuit Feb against the Office of Personnel Management to stop the firing of probationary workers A judge issued a temporary restraining order Feb stopping the firings the same day Noem issued her memo Abigail Carter representing AFGE during oral arguments before Pechman on May commented Noem s move was retaliation and a violation of the union s First Amendment right to protected speech and its Fifth Amendment right to due process The administration has made it clear that if you don t disagree with it politically you and your members can keep your rights but if you do disagree you lose them Carter noted She also argued that the collective bargaining agreement was necessary because TSA workers are not covered under the federal labor-management code The agreement protects them from dangerous working conditions and unreasonable hours Kipnis denied the retaliation claim and explained it was merely a difference in management styles Pechman questioned that contention Not all unions are banned by the administration Pechman announced only the ones oppose the administration Isn t this a pattern that you see Pechman demanded Kipnis Attorneys who take opposition stances get banned Those who don t don t have those restrictions Isn t this the pattern that the White House has set up Kipnis commented tension between unions and management are common and this conflict doesn t signal a violation of the workers First Amendment rights but instead reflects a confrontational relationship But Pechman wasn t convinced Previous TSA managers have unveiled unions to be beneficial and renewed their contracts for years she reported They exposed they made a happier workforce and they needed their employees to feel that they were well-treated she revealed What has changed is this administration s attitude she revealed To that Kipnis replied Or you could characterize it as a different management style The former administration apparently saw that as a better way to do business But this administration sees a different way of doing business And the same statute affords them the same amount of discretion Pechman commented she understood that the administration has the right to exercise that discretion but to abruptly cancel doesn t seem well reasoned so I m having trouble with that She also noted But why the United States gets to back out of contracts that it s made is harder to accept In Monday s order Pechman reported TSA workers would suffer irreparable harm without the injunction noting that if they lose their collective bargaining agreement they will lose the benefits it provides While the loss of money alone does not show irreparable harm the total harms here are more than monetary Pechman noted They include the loss of substantive employment protections avenues of grievance and arbitration and the right to have a workforce that can unite to demand benefits that might not be obtainable through individual negotiation