BOP Lost in Court, Re-Terminated Its Union Contract Anyway, and Lost Again

What happens when an agency loses in court and does the same thing again under a new label? Bureau of Prisons employees just saw the answer. A federal judge in Connecticut ruled that BOP's second termination of its AFGE union contract was impermissible self help, but he did not find contempt.

How the Dispute Got Here

Last year BOP terminated its union contract with AFGE. In September, a federal judge in Connecticut found that the termination likely violated the Administrative Procedure Act. He wrote that the official reason was entirely pretextual, and the contract was reinstated.

Last week the union reported that wardens were being told not to reinstate it, and that at least one employee who was denied a union representative in a disciplinary meeting walked out fired. The agency then re-terminated the contract under a new reason, and rescinded the Director's blog post saying AFGE was not the kind of union he supports.

What the Judge Said on Friday

On Friday, October 16, 2026, the same judge issued a fourteen-page order. Nat'l Council of Prison Locals v. Fed. Bureau of Prisons, No. 3:25-cv-01907 (VDO) (D. Conn. Oct. 16, 2026), Dkt. 84. He called the re-termination impermissible self help and ordered the agreement reinstated again. As Government Executive reported, his model for doing it right was the Biden administration in the remain-in-Mexico case, which complied with its injunction and asked the court before acting. The rule is simple: when a judge orders something, an agency does not redo it under a new label. It asks the court to change the order first.

Why There Was No Contempt

The judge declined to hold anyone in contempt. He said BOP plausibly raised administrative burden as the reason for its slow rollout. As for the employee denied a representative, he said violations like that belong in the contract's grievance process, not in his court.

What BOP Employees Can Do Now

• Ask for your representative out loud. If you reasonably believe a meeting could lead to discipline, make the request on the record.
• Get any denial in writing. Note who denied it and what was said.
• Involve your steward. Your steward can file a grievance under a contract a judge has now ordered back twice.
• Remember it is not final. The agency can still go back to that judge and ask the court to modify the order. Simply doing it again is the path the judge closed.

If a denied-representation meeting ended in discipline, consider speaking with a federal employment attorney promptly, because appeal deadlines are short. The attorneys for federal employees at Southworth PC can review your situation.

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.