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Federal judge orders BOP to restore union contract with correctional officers

The preliminary injunction sets aside the agency’s 2025 cancellation of the master agreement, which a union local says stripped officers of workplace protections

Richard J. Donovan Correctional Facility

Howard Lipin/San Diego Union-Tribune/TNS

THOMSON, Ill. — A federal judge has ordered the Bureau of Prisons (BOP) to reinstate its collective bargaining agreement with correctional officers, according to a news release from an AFGE local.

On Sept. 29, U.S. District Judge Vernon D. Oliver granted a preliminary injunction in National Council of Prison Locals et al. v. Federal Bureau of Prisons, the release states. The order sets aside the BOP’s Sept. 25, 2025, cancellation of the master agreement and requires the agency to immediately restore it, along with related local agreements, through the end of the contract term on May 28, 2029.

The court found the union is likely to succeed on its claim that the termination violated the Administrative Procedure Act, according to the release. The BOP’s termination letter cited an executive order. The same day, the BOP director said publicly that the “whole purpose” of ending the contract was that the union was “an obstacle to progress.” The judge found those explanations inconsistent, the release states.

AFGE Local 4070, which represents correctional officers and staff at FCI Thomson, said that after the cancellation, the BOP stopped recognizing the union as the employees’ exclusive representative and ended official time and dues deductions. The union also alleged the agency changed schedules, leave and working conditions without following the negotiated process.

“Our members had their union contract stripped away,” Local 4070 President Jon Zumkehr said in the release. “That contract allows law enforcement officers to enforce safety rules, challenge unfair discipline and have a voice on the job. We are grateful it has been restored.”

The release also noted two recent developments in Congress. On Sept. 16, the president signed S. 307, the Prison Staff Safety Enhancement Act, which requires the BOP to act on Office of Inspector General recommendations on the sexual harassment and sexual assault of BOP employees.

Another bill, S. 736, the Lieutenant Osvaldo Albarati Stopping Prison Contraband Act, has passed the Senate and awaits House action. It is named for a BOP lieutenant who was killed after seizing contraband, including cellphones used to coordinate the attack. The bill would increase penalties for providing cellphones in federal prisons and require the BOP to review its policies on prohibited objects.

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