Washington, D.C. — Americans for Fair Treatment (AFFT) has settled its lawsuit against the Transportation Security Administration (TSA), uncovering a troubling reality: TSA screeners were unlawfully unionized without any legal basis, depriving them of vital protections. The settlement forced TSA to comply with a previous Freedom of Information Act (FOIA) request filed by AFFT on behalf of its members, revealing the Obama Administration failed to conduct any legal analysis to justify unionizing screeners.
Deprivation of Legal Protections for TSA Employees
Under federal law, employees in authorized unions can file complaints and seek recourse through the independent board Federal Labor Relations Authority (FLRA) and eventually federal courts. However, because TSA screeners were unionized without legal justification, they have been denied these essential rights.
“By unlawfully unionizing TSA screeners, the TSA has denied these employees the fundamental rights and protections they deserve,” said Chip Rogers, CEO of Americans for Fair Treatment. “TSA employees should be able to hold their union accountable through proper legal channels, but instead, they’ve been left vulnerable to potential abuses without adequate means of recourse.”
No Legal Basis for TSA’s Unionization Decision
The unionization of TSA screeners, which was approved during the Obama Administration, was done despite a clear prohibition by Congress against TSA screeners unionizing. AFFT’s lawsuit uncovered that the Administration never conducted any legal analysis to support this action. As a result, TSA screeners have been forced into an illegal union that lacks both legal authority and the safeguards that come with being part of a legitimate labor organization.
“This settlement makes it clear that the TSA acted outside the law when it allowed TSA screeners to unionize,” Rogers continued. “Without any legal review, TSA subjected employees to a union that does not have their best interests at heart, stripping them of critical protections that are available to workers in legitimate unions.”
Corruption Concerns with the AFGE
Compounding this issue is the fact that the union representing TSA screeners, the American Federation of Government Employees (AFGE), has a documented history of corruption. Over the past decade, AFGE has accounted for more than 1-in-10 union corruption convictions, despite representing just 2% of all unionized workers. This lack of accountability raises serious questions about the union’s ability to represent TSA employees effectively.
“AFGE has a troubling record of corruption, and TSA employees deserve better,” said Rogers. “Instead of being protected by a union that works in their best interests, TSA screeners have been left vulnerable to a corrupt organization without legal legitimacy.”
Call for Immediate Action
With the settlement, AFFT is calling on the new Administration to immediately review the legality of TSA screeners’ unionization and take steps to protect the rights of these employees.
“We urge the Administration to act swiftly and ensure that TSA employees are no longer subject to an unlawful and corrupt union,” Rogers said. “TSA screeners must be allowed to exercise their rights freely, without being coerced into representation by an organization that operates outside the law.”
About Americans for Fair Treatment (AFFT)
Americans for Fair Treatment (AFFT) is a nonprofit organization dedicated to defending the rights of public employees, ensuring they are free from union coercion and exploitation. AFFT advocates for transparency, accountability, and fairness in union practices across the public sector.