Posts tagged Title 5 of the U.S. Code
Union sues DHS to protect TSA screeners’ collective bargaining rights
March 18, 2025 // The lawsuit accuses the Trump administration of violating the Administrative Procedure Act’s prohibition on “arbitrary and capricious” decision-making, as well as breaching their contractual obligations under the 2024 collective bargaining agreement and in so doing, violating union members’ due process rights under the Fifth Amendment. The union also brings a First Amendment claim, arguing that the Trump administration’s decision to revoke TSA screeners’ collective bargaining rights was in retaliation for the union’s other lawsuits against the executive branch, most notably their challenge of the mass firing of probationary workers across government. A federal judge on Thursday issued a preliminary injunction in that case, requiring agencies to reinstate tens of thousands of improperly terminated workers.
New documents show TSA screeners illegally unionized, pro-worker group says
February 11, 2025 // “During the Obama administration, the TSA administrator did an abrupt about-face, and TSA moved ahead with allowing screeners to unionize in violation of the law,” Dave Dorey, an attorney specializing in labor and employment law who represented AFFT, told the Washington Examiner. “Multiple administrators of TSA have stated publicly that TSA screeners are not covered by Title V, which includes significant rights for unionized workers — including the ability to file claims of unfair labor practices with an independent board and ultimately vindicate their rights in federal court. TSA screeners have none of these protections.”