Lead: On Dec. 12, 2025, the Transportation Security Administration announced a new labor framework that it says will take effect Jan. 11, 2026, and that rescinds the 2024 collective bargaining agreement (CBA) between TSA and the American Federation of Government Employees (AFGE). The move rests on a Sept. 29 determination by Homeland Security Secretary Kristi Noem that collective bargaining is incompatible with TSA’s national security mission, a determination TSA has not publicly released. The announcement arrives while a federal judge’s June preliminary injunction still blocks DHS from dissolving the prior CBA and while the union’s lawsuit is scheduled for trial in September 2026. AFGE and rank-and-file TSA employees immediately condemned the action, promising further legal and legislative challenges.
Key Takeaways
- On Dec. 12, 2025 TSA announced a new “labor framework” to start Jan. 11, 2026, and said it will rescind the 2024 seven-year CBA with AFGE.
- AFGE represents about 47,000 airport screeners covered under the 2024 agreement that expanded bargaining rights to mirror Title 5 protections.
- The action cites a Sept. 29 determination by Secretary Kristi Noem that collective bargaining among screeners is incompatible with TSA’s national security role; that determination has not been released publicly.
- A federal judge granted a preliminary injunction in June 2025 blocking DHS from dissolving the CBA, finding prior action appeared retaliatory; the case is set for trial in September 2026.
- TSA officials say the change will replace the CBA’s procedures with agency policy and alternative dispute processes; details of those policies were not provided in the Dec. 12 announcement.
- Union leaders called the move an unlawful rollback that risks morale and retention gains AFGE ties to the 2024 contract; they urged Congress to pass the Protect America’s Workforce Act.
- TSA cited operational flexibility, resource stewardship and traveler experience as reasons for the shift; independent data linking bargaining to those outcomes was not included in TSA’s statement.
Background
TSA employees who perform security screening have a unique statutory position: they are not covered by the full suite of Title 5 federal workforce protections that apply to many civil servants. In 2022 then-TSA Administrator David Pekoske issued a determination broadening bargaining rights at TSA to be closer to Title 5 standards, responding to persistent concerns about attrition and operational stability at airports nationwide.
In 2024 TSA and AFGE negotiated and signed a seven-year collective bargaining agreement that, among other provisions, streamlined grievance and arbitration processes, expanded official time, loosened sick-leave restrictions, increased uniform allowances and created opportunities for local bargaining. AFGE argues those changes reduced turnover and helped stabilize staffing at checkpoints, which it links to more consistent traveler processing times.
After Secretary Noem issued a determination on Sept. 29, 2025 asserting that collective bargaining was incompatible with TSA’s mission, DHS moved to rescind the 2024 agreement. AFGE sued, and in June 2025 a federal judge granted a preliminary injunction that halted DHS from implementing its earlier attempt to dissolve the CBA, noting the prior attempt appeared punitive in context. The litigation remains active and is scheduled for trial in September 2026.
Main Event
In a Dec. 12, 2025 press release, TSA said a new labor framework will replace the CBA’s role beginning Jan. 11, 2026. The agency described the change as grounded in Secretary Noem’s Sept. 29 determination that employees who perform screening have “a primary function of national security” and therefore should not engage in collective bargaining — language TSA summarized but did not publish in full.
TSA senior official Adam Stahl framed the announcement as an effort to remove non-mission-critical activities that distract Transportation Security Officers from screening duties, saying agency policy would now address employment matters previously covered by the CBA. TSA also said its forthcoming policies would include alternative procedures intended to ensure employee voices are heard, though the agency did not provide a public draft or detailed timeline for those procedures.
AFGE publicly condemned the move. AFGE National President Everett Kelley highlighted the union’s role representing about 47,000 airport screeners and said the decision stripped workers of union rights shortly after public praise for their pandemic-era and shutdown-era service. AFGE Council 100 President Hydrick Thomas called the rescission a “slap in the face,” arguing the contract produced a more stable workforce and that contract protections helped address hostile workplace conditions previously reported by some employees.
The legal backdrop complicates immediate implementation. The June 2025 preliminary injunction remains in place, and the judge who granted it wrote that earlier dissolution efforts “appears to have been undertaken to punish AFGE and its members” for litigation activity against the prior administration. With a trial date set for September 2026, DHS’s new announcement raises questions about enforcement and additional motions to the court.
Analysis & Implications
Legally, DHS’s repeated attempts to withdraw bargaining rights are likely to extend litigation and invite rapid judicial review. The June 2025 injunction demonstrates courts are willing to scrutinize the agency’s motives and procedural steps, which increases the likelihood of expedited challenges and potential stays if DHS attempts to implement the framework while the case proceeds.
Operationally, rescinding the CBA could affect retention and recruitment. AFGE and some labor experts credit the 2024 agreement’s pay-related and work-rule provisions with stabilizing staffing after several years of elevated turnover. If employees perceive a loss of negotiated protections, TSA may face renewed attrition risks that could worsen checkpoint staffing and traveler wait times, especially at smaller or higher-turnover airports.
Politically, the move is likely to deepen partisanship around federal labor rights. AFGE’s call for Congress to pass the Protect America’s Workforce Act places the dispute on a legislative front as well as in court. If the House or Senate pursue statutory change, the next year could see concurrent legal, operational and legislative battles over how much collective bargaining authority should apply to national security–adjacent roles.
For national security and aviation safety, the practical question is whether bargaining rights materially affect screening effectiveness. TSA asserts that removing bargaining will improve flexibility and resource use; AFGE counters that bargaining yields better workplace conditions and staffing stability. Absent independent operational studies made public with the Dec. 12 announcement, policymakers and courts will have to weigh competing claims alongside empirical workforce data.
Comparison & Data
| Item | 2024 CBA (AFGE) | Dec. 12, 2025 TSA Framework (announced) |
|---|---|---|
| Coverage | Approximately 47,000 TSOs represented | Agency: coverage governed by TSA policy, representation removed |
| Grievance/Arbitration | Streamlined grievance and arbitration procedures | To be replaced by agency-defined alternative procedures (details not released) |
| Official time | Expanded official time for union duties | TSA policy to address employee input, specifics unspecified |
| Sick leave & benefits | Fewer restrictions on sick leave, increased uniform allowances | Agency policy expected to govern these matters; no published terms yet |
| Duration | Seven-year contract signed in 2024 | Policy — indefinite until changed by TSA or court order |
The table shows concrete changes promised by the agency announcement and where details remain absent. TSA’s public statement did not include draft policy language or data demonstrating how bargaining obligations measurably harmed security or traveler experience, limiting external evaluation.
Reactions & Quotes
Agency officials framed the action as a mission-driven efficiency move and emphasized new internal policies will replace contract provisions.
“Our Transportation Security Officers need to be focused on their mission of keeping travelers safe not wasting countless hours on non-mission critical work.”
Adam Stahl, Senior Official Performing Duties of TSA Deputy Administrator (TSA statement)
Union leaders characterized the move as punitive and harmful to employees’ rights and workplace conditions.
“Today, she’s announcing a lump of coal right on time for the holidays: that she’s stripping those same dedicated officers of their union rights.”
Everett Kelley, AFGE National President (AFGE statement)
Local union leadership pointed to operational gains under the contract and warned of a return to unstable working conditions.
“Prior to having a union contract, many employees endured hostile work environments… Since having a contract, we’ve seen a more stable workforce.”
Hydrick Thomas, AFGE Council 100 President (AFGE statement)
Unconfirmed
- The full Sept. 29, 2025 determination by Secretary Noem has not been released publicly, so the precise legal reasoning and supporting evidence cited in that document are unverified.
- TSA’s Dec. 12 announcement referenced alternative procedures but did not publish drafts, so the scope and protections of those procedures are currently unknown.
- TSA’s claim that collective bargaining materially impedes security effectiveness and traveler experience was not accompanied by publicly released data or analysis in the Dec. 12 statement.
Bottom Line
DHS’s latest attempt to revoke TSA’s 2024 CBA intensifies a multi-front dispute that blends legal challenge, workforce policy and national security claims. The June 2025 preliminary injunction and a scheduled September 2026 trial mean courts will play a central role in determining whether DHS can implement the announced framework while litigation proceeds.
Practically, the major near-term impacts will hinge on whether TSA releases concrete policy language and whether courts allow any parts of the rescission to take effect. For employees and airport operations alike, the dispute raises immediate questions about morale, retention and the predictability of workplace rules—factors that can affect staffing levels and traveler wait times.
For policymakers and the public, the case will be a test of how national security arguments are balanced against collective bargaining protections for a large cohort of frontline federal workers. Expect continued legal filings, vocal union advocacy and potential congressional attention as the September 2026 trial approaches.
Sources
- Federal News Network — News report summarizing TSA press release and AFGE statements (media).