The union representing 30,000 Bureau of Prisons employees is asking a federal judge to hold the agency in contempt, accusing prison officials of refusing to comply with the court’s order to immediately restore the union’s collective bargaining agreement.
The contempt motion was filed Oct. 6, just seven days after U.S. District Judge Vernon Oliver of Connecticut granted a preliminary injunction sought by the National Council of Prison Locals against the Bureau of Prisons.
BOP Director William Marshall ended the collective bargaining agreement on Sept. 25, 2025. He described the union as an “obstacle to progress” and said it was not the “kind of union” he could support.
Oliver found that the union was likely to prevail on its claim that the Bureau of Prisons violated the Administrative Procedure Act when it terminated the agreement. The judge ordered the agency to restore the contract immediately.
In the contempt filing, the union said BOP leaders have stalled implementation of the ruling and blocked the union from resuming normal operations, including the use of “official” union time.
The motion and a supporting sworn statement cite the case of a BOP employee who was facing termination and requested representation from a shop steward during the meeting.
“There ain’t no union,” a BOP official allegedly told the employee, according to the filing. The employee was fired Oct. 5.
The union also alleged that Marshall told employees on Sept. 29—hours before the court’s order was posted—that he would not enforce the collective bargaining agreement unless he received direct instructions from the White House.
“They have not restored union office space or official time, allowed for union representation in disciplinary proceedings, or taken any of the other myriad specific steps that Defendants themselves told the court would be required if the court entered the requested injunction,” union attorneys wrote.
“Defendants’ noncompliance is total.”
American Federation of Government Employees Local 1237, which represents workers at FCI Mendota, made a similar allegation in a press release, saying facility managers had barred union officials from their offices.
The Bureau of Prisons declined to comment, citing the ongoing litigation.
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The Justice Department has not formally asked to stay, or pause, the preliminary injunction issued in the court’s original Sept. 29 order.
Still, on Oct. 2, the department filed a “notice of compliance” stating that the Bureau of Prisons was aware of the ruling and “complying with its terms.”
The department also argued that the ruling did not prevent the BOP from attempting to terminate the collective bargaining agreement again before its scheduled expiration in May 2028.
It further said the Justice Department did not expect the U.S. District Court to oversee “every alleged failure” by the Bureau of Prisons to follow the agreement.
The dispute comes as the Trump administration pursues efforts to dismantle unions across multiple federal agencies.
In March 2025, President Trump signed an executive order seeking to bar federal offices involved in national security or intelligence work from maintaining collective bargaining agreements with employees. The order also covered the Justice Department, including the Bureau of Prisons.
After the order was issued, however, the Bureau of Prisons allowed its union to continue operating for roughly six months before ending the collective bargaining agreement.
Marshall did not cite national security as the reason for terminating the agreement.
