Federal Judge Orders Bureau of Prisons to Restore Union Contracts Amid Pretext Claims

U.S. District Judge Vernon Oliver issued a 32-page preliminary injunction requiring the Bureau of Prisons to re-establish its collective bargaining agreements with the American Federation of Government Employees’ National Council of Prison Locals, determining the agency’s September 2025 contract termination was likely “entirely pretextual.” Oliver noted that BOP Director William Marshall justified the move both by invoking the president’s executive order and by expressing personal opposition to the union, creating a contradictory rationale.

The judge also listed detrimental practices after the termination, including pressure on staff to forgo sick leave and threats of dismissal for employees recovering from surgery. Justice Department counsel argued the action was discretionary and thus unreviewable, but the court found the agency’s decision was subject to APA scrutiny. While the BOP has indicated it will comply, it has sought clarification on submitting a new termination notice, and at least one prison, Federal Correctional Institution Mendota in California, continues to block union representation. Union leader Aaron McGlothin reported that staff still cannot access union offices or representation, calling the refusal a direct attack on law-enforcement officers.