Full Breakdown
Bureau of Prisons Re-terminates Prison Union Contract Amid Court Injunction
By Drooid · · How we work
Core Event: Re-termination of the AFGE Collective Bargaining Agreement
On Oct 7 BOP Director William K. Marshall III issued a notice terminating the collective bargaining agreement (CBA) with the American Federation of Government Employees (AFGE) Council of Prison Locals 33. The CBA, covering roughly 30,000 BOP employees, was slated to run until May 28 2029. The termination follows a preliminary injunction issued on Sep 29 2026 by U.S. District Judge Vernon D. Oliver, ordering reinstatement after the bureau ended it on Sep 25 2025.
Background & Context
- Mar 27 2025: President Donald Trump signed Executive Order 14251, excluding the Department of Justice—including the BOP—from federal collective-bargaining requirements on national-security grounds.
- Sep 25 2025: Director Marshall terminated the CBA effective immediately, four years before its scheduled expiration.
- The court found the termination “likely entirely pretextual” and a violation of the Administrative Procedure Act.
Data & Statistics
- 30,000 BOP employees are covered by the CBA.
- Union filings allege that, since the injunction, wardens have denied official-time requests, union representation at disciplinary meetings, and office space for union activities.
Official Statements & Responses
- BOP says it began reinstating contract provisions on Sep 30 2026, with HR senior deputy Jonathan Hemingway noting a focus on compliance.
- BOP attorneys assert no guidance was given to wardens to defy the injunction and that the agency “diligently worked” to “turn back on” normal operations before the Oct 7 re-termination.
- Oct 6: AFGE filed a motion seeking civil contempt of Judge Oliver, alleging continued non-compliance.
- Union lawyers contacted government counsel on Oct 5 requesting a detailed list of steps taken; the bureau’s response cited a “Notice of Compliance” and a memorandum from Assistant Director Malia Wilber but did not enumerate concrete actions.
Criticism & Opposition
- AFGE President Brandy Moore White describes “defiance” of the court order, noting a BOP employee was fired after being denied union representation at a disciplinary hearing.
- The union’s motion asks the court to require the BOP to certify compliance within 48 hours and consider sanctions for continued violations.
On-the-Ground Reports
- Local union leaders report wardens were instructed to “wait” rather than comply with the injunction.
- One employee recounts an HR manager stating, “There ain’t no union,” and proceeding with a disciplinary meeting without a union representative.
Conflicting Reports & Gaps
- BOP claims it has made office space available and instructed wardens to approve official-time requests “case-by-case.”
- AFGE contends those steps have not been implemented and that the agency’s “Notice of Compliance” lacks a concrete implementation plan.
- The court’s order requires immediate reinstatement of the CBA and all subsidiary agreements; the union points to the absence of a verified list of actions as a critical gap.
Verbatim Quotes
- “I don’t take directives from the court. I take my orders from the President of the United States.” — William K. Marshall, BOP director
- “These accounts support the conclusion that BOP has continued operating with the CBA terminated, which is contrary to the court’s order that BOP immediately reinstate the CBA,” — AFGE president
What’s Next
The union’s Oct 6 motion seeks a contempt finding and a 48-hour certification of compliance. The court is expected to rule in the coming weeks, determining whether the BOP must fully restore the CBA or face additional sanctions.