Judge Orders Bureau of Prisons to Reinstate Union Contract Through May 2029
A federal judge has ordered the Bureau of Prisons to reinstate its union contract, finding that BOP's decision to terminate the agreement was likely arbitrary and capricious. The preliminary injunction, issued September 29, 2026, in National Council of Prison Locals v. Federal Bureau of Prisons, No. 3:25-cv-1907 (VDO) (D. Conn.), restores the contract, every supplement, and every memorandum of understanding through May 2029.
Two Explanations on the Same Day
On September 25, 2025, BOP told the union its contract was ending because of the Executive Order. That same day, the BOP Director posted a message to employees saying, "the whole purpose of ending this contract is to make your lives better." The same message stated, "My family has always been pro-union," before announcing the contract's termination.
The court looked at both the termination letter and the Director's message. Two different explanations, issued the same day, for the same decision. Under the Administrative Procedure Act, an agency must give a reasoned explanation for what it does, and the judge found the Bureau likely fell short.
What the Employees Described
The Director's message framed the change as giving employees more. The union's sworn declarations describe a different experience, including a letter accusing an employee of sick-leave abuse while that employee was in the hospital for kidney surgery.
The Government's Defense — and Its Own Lawyer's Concession
BOP argued that the President's Executive Order left it no choice. But in court, the government's own lawyer acknowledged that "the Director had discretion in timing." If the Executive Order truly required termination, it is hard to explain why the Bureau waited many months to act on it.
An $8.75 Million Bond Request, a $1,000 Bond
When a court issues a preliminary injunction, it can require the party seeking it to post a bond. BOP asked the court to require the union to post $8.75 million. The judge set the bond at $1,000.
What This Ruling Does and Does Not Do
This is a preliminary injunction, not a final judgment, and an appeal is likely. The ruling does not decide whether Executive Order 14,251 itself is lawful. It addresses how BOP went about ending this particular contract.
The Practical Takeaway for BOP Employees
If you sat through an interview or meeting alone this year that you believe should have included union representation, write down the dates and what happened while your memory is fresh. Keep those notes somewhere private, outside of government systems, and contact your local. Accurate, contemporaneous notes can help your union's lawyers if they need them.
If you are facing discipline or have questions about your rights, the attorneys for federal employees 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.