Homeland Security Secretary Kristi Noem during an appearance on CBS News’ “Face the Nation” on Sunday, March 9, 2025 (CBS/YouTube).
A federal judge in Seattle has thrown a legal wrench into Homeland Security Secretary Kristi Noem’s plans to blow up a union contract that protects Transportation Safety Administration (TSA) workers, saying she “afforded no notice or process” for staffers before “simply shredding the contractual promises” in a ruling this week.
U.S. District Judge Marsha Pechman granted a preliminary injunction on Monday, siding with members of the American Federation of Government Employees, who are suing Noem and the Trump administration over its rescission of a seven-year collective bargaining agreement that the government signed off on last year.
The AFGE members requested injunctive relief to preserve that agreement after Noem issued a memo on Feb. 27 to cancel it within 90 days and terminate all pending grievances filed by the AFGE on behalf of TSA employees.
“AFGE has demonstrated a strong likelihood that the Noem Determination constitutes impermissible retaliation against it for its unwillingness to acquiesce to the Trump Administration’s assault on federal workers,” wrote Pechman, a Bill Clinton appointee, in a 41-page ruling.
“AFGE has shown the Noem Determination likely violates Due Process, having afforded no notice or process for AFGE and its members to work with DHS and TSA to resolve any disagreement before simply shredding the contractual promises of the CBA,” she said. “And AFGE has shown it is likely to succeed in showing the Noem Determination is arbitrary and capricious in violation of the Administrative Procedure Act, particularly given its complete disregard for the 2024 CBA and its mischaracterization of AFGE’s role.”
Pechman said AFGE’s lawyers “convincingly” argued that Noem’s directive violates the First and Fifth Amendments, along with having alleged ulterior motives.
“The Noem Determination appears to have been undertaken to punish AFGE and its members because AFGE has chosen to push back against the Trump Administration’s attacks to federal employment in the courts,” Pechman charged.
“The First Amendment protects against retaliation for engaging in litigation and public criticism of the government,” she said. “And the Noem Determination’s threadbare justification for termination of the CBA exposes the retaliatory nature of the decision.”
In its motion for the preliminary injunction, AFGE’s lawyers said Noem’s memorandum was “directly attacking AFGE” by name, contending that determinations on bargaining rights were “misplaced directives” that have “solely benefited” AFGE at the “expense” of transportation security officers (TSOs).
“This targeted attack on AFGE came on the heels of AFGE’s public efforts to push back against the Trump Administration’s attacks on federal workers,” the motion said. “It is apparent, moreover, that the administration is both tracking and fixated on those who seek to enforce their rights in court.”
AFGE National President Everett Kelley said in a statement Monday that Pechman’s decision was a “crucial victory” for both federal workers and the rule of law.
“The preliminary injunction underscores the unconstitutional nature of DHS’s attack on TSA officers’ first amendment rights,” Kelley said. “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.”
Speaking in a statement Wednesday, a DHS spokesperson told Law&Crime: “This preliminary injunction is yet another undue hurdle activist judges are using to undermine the President’s constitutionally vested Article II powers. Ending Collective Bargaining for TSA’s Transportation Security Officers ensures Americans will have a more effective and modernized workforce across the nation’s transportation networks, leading to greater security and safety. The Trump Administration is committed to returning to merit-based hiring and firing policies, and that commitment has not changed.”
