Union of TSA seeks court order inhibition against executive decree prohibiting negotiations within the agency, claiming it to be a retaliatory measure.
In a recent development, the Biden administration's decision to strip Transportation Security Administration (TSA) employees of their collective bargaining rights has led to a legal challenge in the U.S. District Court for the Western District of Washington.
The TSA workforce first lost their abridged collective bargaining rights under the Obama administration. However, in March, Homeland Security Secretary Kristi Noem issued a determination that stripped TSA employees of these rights completely. Following this determination, the TSA unilaterally sought to terminate its 2024 contract with the American Federation of Government Employees (AFGE), leading to the union filing a legal challenge.
At a hearing, Abigail Carter, an attorney for the union, highlighted statements from Noem and the White House as evidence that the administration's stated goals are a "pretext" for attacking the union. Brian Kipnis, a Justice Department Attorney, argued that U.S. District Judge Marsha Pechman lacked jurisdiction in the case.
The TSA is not governed by the Federal Labor Relations Authority (FLRA) due to its workforce's creation outside of Title 5 of the U.S. Code. If every government action with regard to unions was viewed as a First Amendment violation, everything the government did would be so, according to Kipnis. He argued that the government's actions with regard to unions might be characterized as having some hostility, but it does not necessarily imply a First Amendment violation.
Kipnis downplayed the characterization of the administration's actions as retaliatory, instead suggesting a different management style toward unions. However, Carter argued that the administration's actions demonstrate retaliatory intent against the AFGE. Pechman's questions implied that the administration's actions against unions could be seen as tainted by the Secretary's perceived opposition stance.
The plaintiffs argue that they are not required to bring their claims to the FLRA and can instead do so in the U.S. District Court. The Biden administration could not grant TSA employees access to the FLRA's review scheme without the enactment of new legislation. In most instances, when a union in the federal government seeks to challenge an agency's actions, they must first seek redress from the FLRA.
The legal challenge is significant as it affects unions such as the National Federation of Federal Employees (NFFE) and AFGE, which had opposed the labor policies of the Trump administration. Pechman questioned the retaliation claims against the administration, suggesting a pattern of exempting some labor groups from anti-union policies.
The Biden administration applied most of Title 5's provisions to the TSA workforce in 2022. Despite this, the decision to strip collective bargaining rights remains a contentious issue, with both sides presenting their arguments in the ongoing legal battle.
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