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Plaintiffs bring this action to challenge an abrogation of their First Amendment rights of free speech, free association, and free practice of religion by Defendants James M. Loy, Administrator, Transportation Security Administration (TSA), U.S. Department of Homeland Security (DHS) and Linda Williamson, Acting Federal Security Director (FSD) at Dayton International Airport during the relevant time period. On or about June 12, 2003, Defendants impermissibly restricted Plaintiffs’ First Amendment rights when they disciplined Ms. Cummings for engaging in protected religious practice. Further, the Defendant impermissibly restricted Plaintiffs’ First Amendment rights when it retaliated against Ms. Cummings for free association when she engaged in concerted union activities on non-work time by terminating her employment. Plaintiffs seek a trial by jury, rescission of the disciplinary termination, restoration to employment, backpay and benefits. Plaintiffs further ask the Court to declare that the disciplinary action violated Plaintiffs’ right to free speech, association, and practice of religion under the First Amendment to the United States Constitution. In addition, Plaintiffs seek an order enjoining the Defendants, and Administrator Loy’s agents, from retaliation against Plaintiffs for exercising these First Amendment rights.

JURISDICTION

1. Jurisdiction over this action is conferred upon the United States District Court by 28 U.S.C. §1331. Plaintiffs also seek a declaratory judgment under 28 U.S.C. §2201 and further relief under 28 U.S.C. §2202.

VENUE

2. Venue is properly in this United States District Court for the Southern District of Ohio in accordance with 28 U.S.C. §1391(e) because Plaintiffs’ claims arose in this district.

PARTIES

3. Plaintiff American Federation of Government Employees Local 1, AFL-CIO (AFGE L-1) is a labor organization chartered by the American Federation of Government Employees, AFL-CIO (AFGE). AFGE represents approximately 600,000 federal government employees throughout numerous federal government departments and agencies. Its headquarters is located at 80 F Street, N.W., Washington, D.C. 20001. AFGE represents the interests of employees within its bargaining units by, inter alia, enforcing the legal rights of its bargaining unit employees, negotiating collective bargaining agreements, arbitrating grievances, filing unfair labor practices, lobbying, and litigating employees’ collective and individual rights in the federal courts and administrative agencies. On March 3, 2003, AFGE chartered AFGE TSA Local 1 to be a union for TSA security screeners. Thirteen TSA security screeners from various U.S. airports are the founding members of AFGE L-1. Since its founding, more than 500 security screeners throughout the country have joined.
4. Ms. Debra Cummings began her employment as an airport passenger security screener with the TSA at the Dayton International Airport beginning September 15, 2002. She supported the effort to obtain union recognition among TSA employees at the Dayton airport. She resides in Troy, Ohio, which is within the venue of this Court.
5. Defendant James M. Loy is the Administrator of the Transportation Security Administration (TSA). He is being sued in his official capacity. TSA is a government agency that is now part of the Department of Homeland Security. TSA’s mission is to protect the civilian flying public. TSA currently employs security screening personnel at airports throughout the United States who screen passengers and baggage.
6. Linda Williamson was employed as the Acting Federal Security Director with the TSA at Dayton International Airport during the relevant time period. She remains employed with TSA. She is being sued individually and in her official capacity. She resides in Akron, Ohio.

FACTS

7. Debra Cummings began her employment as a TSA Security Screener at Dayton International Airport on or about September 15, 2002.
8. In October 2002, Ms. Cummings requested Sundays off so that she could exercise her freedom of religious practice by attending church services. On or about Oct. 28, 2002, Ms. Cummings learned that TSA would not accommodate her religious exercise. Ms. Cummings discussed her accommodation request with Mr. Pete Argent, Assistant Federal Security Director (AFSD), on or about Oct. 29, 2002. AFSD Argent was within Ms. Cummings’s chain of command. AFSD Argent agreed to adjust Ms. Cummings’s schedule to have Sundays off.
9. On or about Oct. 30, 2002, Ms. Cummings was informed by TSA management that AFSD Argent had no authority to give that directive because he was no longer in charge of Dayton Airport and that TSA Dayton would not accommodate any employee’s exercise of religious practice.
10. On or about November 1, 2002, Ms. Cummings filed an informal EEO complaint pursuant to 29 CFR § 1614.
11. On or about November 25, 2002, TSA issued Ms. Cummings a Certificate of Appreciation for "outstanding performance and perfect attendance."
12. In December 2002, Defendant Loy issued guidance that was transmitted to all TSA Federal Security Directors (FSD) regarding union activity. The Guidance ordered TSA management to adhere to the following: "[e]mployees may engage in union activities when they are off-duty, including when they are on breaks, provided that they do not disturb employees who are on duty."
13. In December 2002, Ms. Cummings’s son became ill. She timely requested and was approved 4 days sick leave from December 3, 2002 through December 6, 2002 in order to care for her son. Two weeks later, Ms. Cummings’s daughter became ill. Ms. Cummings timely requested and was approved 3 days sick leave from December 17, 2002 through December 19, 2002 in order to care for her daughter. Notwithstanding the approved leave, Ms. Cummings worked half days on December 18 and 19, 2002 while her husband was at home taking care of their daughter.
14. On January 8, 2003, Defendant Loy, issued a directive that effectively prohibits federal airport screeners employed by the TSA from engaging in collective bargaining or from being represented for the purpose of engaging in such bargaining by any representative or organization.
15. On January 10, 2003, Ms. Cummings received an evaluation entitled "Employee Performance Agreement." Ms. Cummings was found to have "met or exceeded the standard for satisfactory performance."
16. On or about January 21, 2003, AFSD John Thomas, who was within Ms. Cummings’s chain of command, wrote that "[i]t is my understanding that [Ms. Cummings’s] quality of work is acceptable, and I am pleased to have [Ms. Cummings] as part of my team."
17. In January and February 2003, Plaintiff’s children became ill with the flu. She timely requested sick leave. TSA management approved 3 days sick leave on January 27, February 3, and February 8, 2003 in order to care for her children. On February 9, 2003, Plaintiff caught her children’s illness and was approved 3 days of sick leave.
18. AFGE Local 1 began organizing for union membership the TSA security screeners working at the Dayton International Airport in March 2003.
19. In March 2003, Ms. Cummings engaged in union organizing activity by distributed union materials during her off duty hours. It became common knowledge among TSA management and screeners that Ms. Cummings distributed union materials while off duty at the Dayton International Airport.
20. On or about March 14, 2003, TSA Screening Supervisor Todd Willoughby questioned security screeners whether they knew which employee was distributing union materials. Screening Supervisor Willoughby stated that the employee(s) would be fired.
21. On or about March 22, 2003, TSA Screening Manager Don Benning stated that when he learned which employee was distributing union materials he would have that employee fired.
22. Both Screening Manager Benning and Screening Supervisor Willoughby were in Ms. Cummings’s chain of command. Both Screening Manager Benning and Screening Supervisor Willoughby report to FSD Williamson.
23. On or about March 17, 2003, Ms. Cummings filed a formal EEO complaint alleging the agency failed to accommodate her religious needs.
24. Ms. Cummings continued to distribute union materials while off duty on an average of four times per week throughout March and April.
25. In or about late March, Defendant Williamson was informed that Ms. Cummings was distributing union fliers.
26. On or about April 17, 2003, Linda Williamson, then acting FSD, issued Ms. Cummings a Memorandum of Counseling. The Memorandum stated, in part, that Ms. Cummings was absent from duty approximately 13 days during the past five and a half months. The Memorandum advised that continued use of "unscheduled leave," such as sick leave, may not be tolerated in the future. Lastly, the Memorandum advised that it was not formal disciplinary action, could not be grieved, and will not be placed in Ms. Cummings’s Official Personnel File.
27. On or about April 26, 2003, Ms. Cummings was working at the Dayton Airport security checkpoint when an AirTran pilot walked through the metal detector at which she was stationed. The AirTran pilot walked through the detector with his wrists concealing his belt area. The pilot’s hand position was inconsistent with the TSA’s SOP, Section 4.1.1-G. Ms. Cummings requested the pilot to proceed to the secondary screening area for further screening pursuant to SOP. Ms. Cummings repeated the request to the pilot three times before he complied. She had no further interaction with the pilot.
28. On or about June 12, 2003, Ms. Cummings was summarily terminated from employment. The alleged reason for termination was the April 26, 2003 incident with the AirTran pilot.
29. Ms. Cummings had little face-to- face communication with Defendant Williamson during Ms. Cummings’s tenure at TSA. The sole direct communication regarded a breach by TSA of Ms. Cummings’s right of confidentiality in medical documentation. When Ms. Cummings’s brought this breach to Defendant Williamson’s attention, Defendant Williamson became hostile and ended the meeting without resolution.
30. On or about September 22, 2003, Ms. Cummings requested a hearing before the EEOC on her EEO allegations. The case has not been assigned for hearing.

COUNT I

31. Plaintiffs reallege and incorporate by reference the allegations contained in paragraphs 1 through 30 above.
32. The termination issued by Defendant Loy to Ms. Cummings abrogates Plaintiffs’ right of free speech under the First Amendment of the U.S. Constitution by penalizing Ms. Cummings’s exercise of her legal right of advocacy of union membership.
33. There are no comprehensive administrative procedures available which could provide a meaningful remedy against TSA for Defendant Loy’s violation of Plaintiffs’ First Amendment right of free speech.

COUNT II

34. Plaintiffs reallege and incorporate by reference the allegations contained in paragraphs 1 through 33 above.
35. The termination issued by Defendant Loy abrogates Plaintiffs’ right of free association under the First Amendment of the U.S. Constitution by penalizing Ms. Cummings’s exercise of her legal right of participation in union membership.
36. There are no comprehensive administrative procedures available which could provide a meaningful remedy against TSA for Defendant Loy’s violation of Plaintiffs’ First Amendment right of free association.

COUNT III

37. Plaintiffs reallege and incorporate by reference the allegations contained in paragraphs 1 through 36 above.
38. The termination issued by Defendant Loy to Ms. Cummings abrogated Ms. Cummings’s right of free exercise of religion under the First Amendment of the U.S. Constitution as the termination was pretextual of Ms. Cummings’s attempt to exercise her religion.
39. There are no comprehensive administrative procedures available which could provide a meaningful remedy against TSA for Defendant Loy’s violation of Ms. Cummings’s First Amendment right of exercise of religion.

COUNT IV

40. Plaintiffs reallege and incorporate by reference the allegations contained in paragraphs 1 through 39 above.
41. The termination issued by Defendant Williamson to Ms. Cummings abrogates Plaintiffs’ right of free speech under the First Amendment of the U.S. Constitution.
42. There are no comprehensive administrative procedures available which could provide a meaningful remedy against TSA for Defendant Williamson’s violation of Plaintiffs’ First Amendment right of free speech.

COUNT IV

43. Plaintiffs reallege and incorporate by reference the allegations contained in paragraphs 1 through 42 above.
44. The termination issued by Defendant Williamson to Ms. Cummings abrogates Plaintiffs’ right of free association under the First Amendment of the U.S. Constitution.
45. There are no comprehensive administrative procedures available which could provide a meaningful remedy against TSA for Defendant Williamson’s violation of Plaintiffs’ First Amendment right of free association.

1. Declaring that Defendants abrogated Plaintiffs’ right of free speech under the First Amendment when they terminated Plaintiff Cummings;
2. Declaring that Defendants abrogated Plaintiffs’ right of free association under the First Amendment when they terminated Plaintiff Cummings;
3. Declaring that Defendants abrogated Plaintiff Cummings’s right of free exercise of religion under the First Amendment when they terminated Plaintiff Cummings;
4. Ordering Defendant Loy to rescind the Memorandum of Counseling and Letter of Termination from Plaintiff Cummings’s official personnel file and all personnel records;
5. Restoring Plaintiff Cummings’s to federal employment as a security screener at Dayton International Airport;
6. Ordering Defendant Loy, in his official capacity, to pay Plaintiff Cummings’s backpay with interest, and restore all benefits lost to her during her period of termination;
7. Enjoining Defendant Loy and his agents from retaliating against Plaintiff Cummings and/or Plaintiff AFGE Local 1;
8. Ordering Defendant Williamson, in her individual capacity, to pay compensatory and punitive damages;
9. Ordering Defendants to pay Plaintiffs’ attorney fees and costs; and

Attorneys for Plaintiffs