TSA Union Contract Reinstated After Federal Court Ruling
administrative law federal employment mindfulness at work tsa union rights Jun 05, 2025A significant legal decision out of Washington State has turned the tables for over 47,000 TSA officers—and may offer hope to federal employees everywhere concerned about due process, union rights, and agency overreach.
Background: DHS Voids the Contract, Silencing Union Protections
In February, DHS Secretary Kristi Noem issued a memo abruptly canceling the TSA's 2024 collective bargaining agreement with AFGE. The consequences were immediate and sweeping: grievance procedures halted, arbitration rights eliminated, union reps barred from investigative meetings. Even pending cases—over 200 of them—were dismissed without recourse. The stated justification? A desire for a more “flexible workforce.”
But flexibility, in this context, masked something more troubling. The contract’s removal functionally stripped employees of fundamental workplace protections.
Federal Court Says “Not So Fast”
This week, U.S. District Judge Marsha Pechman issued a preliminary injunction reversing DHS’s action. Her ruling reinstates the 2024 union contract in full and reaffirms that AFGE is likely to succeed in its legal challenge. The court cited violations of the First Amendment, due process rights, and the Administrative Procedure Act.
Judge Pechman’s opinion pulled no punches. She called the DHS rationale “threadbare” and pointed to a decade of internal studies showing that unionized environments actually support, rather than hinder, TSA’s mission. The court viewed the contract cancellation as potential retaliation against the union for its litigation history—especially its opposition to efforts to downsize the federal workforce.
What This Means for TSA Employees
As of the ruling, TSA is under court order to notify screeners that the contract is back. Yet as of Tuesday, internal communications remained nonexistent. No HR memo. No agency-wide broadcast. Nothing. If you're a TSA officer who had a grievance dismissed, or if you’ve been left wondering where you now stand—you're not alone.
The contract’s reinstatement means your union rights are currently active again: representation in investigations, grievance procedures, and protections under the bargaining agreement have been restored. But this isn’t the end of the road. DHS could appeal, and the Supreme Court may soon weigh in on broader injunction issues affecting federal labor rights.
Action Steps: Know Your Rights, Reopen Your Case
If your case was closed due to the February memo, now is the time to consult your union representative. You may be able to revive it under the reinstated agreement. Even if you haven’t filed a grievance, understanding your renewed rights—and holding agency leadership accountable for following them—is essential.
Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.
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