BOP Cancels Union Contract Again Days After a Judge Ordered It Reinstated
The Bureau of Prisons (BOP) told a federal judge it was complying with an order to reinstate its union contract, and then canceled the contract again, according to court filings. For roughly 30,000 BOP employees represented by AFGE's Council of Prison Locals, that leaves a basic question unanswered: is your union contract in effect right now?
What the Court Ordered
In September 2025, BOP Director William Marshall canceled the union contract covering roughly 30,000 BOP employees. On September 29, 2026, Judge Vernon D. Oliver of the U.S. District Court for the District of Connecticut found the union likely to win its challenge and ordered BOP to immediately reinstate the contract for the remainder of its term, which runs through 2029. The case is National Council of Prison Locals v. Federal Bureau of Prisons, No. 3:25-cv-01907 (D. Conn.).
What the Union's Filings Describe
According to the union's filings, BOP told the court it was complying. The filings describe a different picture on the ground. Some wardens were reportedly told to “do nothing.” An employee who asked for a union representative in a disciplinary meeting was reportedly told, “There ain't no union,” and the filings state that the employee was then fired.
A court exhibit also describes a staff meeting at which the Director was asked whether he would follow the order. According to that exhibit, he answered: “I don't take directives from the court. I take my orders from the President of the United States.” These are allegations in court filings, and BOP has its own position on what happened.
The Second Cancellation
On Tuesday, October 6, the union asked the judge to hold BOP in contempt. On Wednesday, October 7, BOP canceled the contract again, this time with a new notice and a new stated reason. The memo says the court's order rested on “inconsistent rationales,” so a new rationale resolves the problem. The same memo says “neither the court nor the union has indicated any disagreement,” even though the union had filed for contempt the day before.
Can an Agency Fix a Bad Reason With a Better One?
Sometimes, yes. Agencies can occasionally cure a defective rationale with a new decision. In our view, though, an agency that wants to correct its reasoning is generally better positioned if it complies with the court's order first, rather than acting while telling staff it does not answer to the court. Whether BOP's second cancellation is lawful, and whether BOP is in contempt, are questions for Judge Oliver. Nothing in the filings tells us how he will rule.
What BOP Employees Can Do Now
- Write it down. If you ask for a union representative and are told no, record who said it, when, and the exact words. Your local will want those details.
- Know your rights do not all depend on the contract. For employees covered by Chapter 75 of Title 5, advance written notice of a proposed removal, a reasonable time to reply, the right to a representative of your choosing, and a written decision come from 5 U.S.C. § 7513(b), not from the union contract.
- Keep a dated file. Save every notice, email, and memo you receive about the contract, your union representation, and any proposed discipline.
- Do not wait on a proposed action. If you receive proposed discipline, the reply deadline in the notice controls, so speak with a federal employment attorney promptly.
Where This Leaves BOP Employees
Court orders and agency memos can change quickly, and this dispute is still being litigated. If you work at BOP and have been denied representation or received proposed discipline, the federal employment lawyers at Southworth PC can help you understand your options.
Legal Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Federal employment situations are fact-specific and time-sensitive. Please consult a qualified federal employment attorney about your specific situation.