A federal judge has voided the Federal Bureau of Prisons’ re-termination of its collective bargaining agreement with the American Federation of Government Employees.
U.S. District Judge Vernon Oliver ruled Friday that BOP cannot unilaterally cancel its union contract while a preliminary injunction is holding that contract in place.
“The CBA shall remain in effect until either the expiration of the agreed upon term of the agreement on May 28, 2029, or until the court grants a properly filed motion by defendants to dissolve or clarify the preliminary injunction order to permit re-termination,” Oliver wrote.
BOP improperly engaged in “self help” by ending its agreement with AFGE Council of Prison Locals 33 for a second time, the court found, since the agency failed to file a motion requesting to modify the preliminary injunction.
“Rather than abiding by this order, defendants issued the re-termination memorandum, which purported to terminate the CBA under new rationale,” Oliver wrote. “But an agency may not use ‘new rationale’ to justify a ‘unilateral decision to abandon its obligations under the injunction.’”
On Oct. 7, BOP Director William K. Marshall III announced that the agency was re-terminating its contract with AFGE, just one week after a preliminary injunction ordered the agency to reinstate the agreement.
While BOP initially told the court that it was working to restore the contract, the agency said days later the “fresh” cancellation of the contract meant it no longer needed to comply.
Friday’s ruling orders BOP to abide by the court’s Sept. 29 injunction. A BOP spokesperson declined to comment, saying the agency does not comment on ongoing litigation.
Prior to the re-termination notice, AFGE pointed to multiple instances showing that management had not been taking steps to reinstate the contract. BOP rejected the allegations.
Friday’s court order found that BOP “took sufficient measures” to begin complying with the injunction. The judge determined that the court would not exercise jurisdiction to address individual cases of wardens not complying with the contract, saying those instances should be handled through the contractual grievance process instead.
Despite voiding the re-termination notice on Friday, the judge denied AFGE’s request to hold BOP in contempt of court. Issuing a civil contempt finding at this time would be “premature” and “not necessary,” Oliver said.
BOP first terminated its collective bargaining agreement with AFGE in September 2025. AFGE, which represents about 30,000 BOP employees, has been suing over the contract termination since last fall. The union alleges that the decision was a form of retaliation for exercising First Amendment rights, and that it violated the Administrative Procedure Act.
“The employees we represent work in some of the most challenging and dangerous conditions in federal service, and their union contract gives them a collaborative way to speak out when their safety or the safety of the public is in jeopardy,” AFGE Council 33 National President Brandy Moore White said Friday. “Our members deserve nothing less than full compliance with the court’s decision, and we will keep fighting for our members to ensure the safety and security of the workers we represent.”
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