12/24/2025
We want to provide an important update on the lawsuits aimed at restoring our contract and defending our collective bargaining rights. As you may have heard, the core claim driving these cases is the administration’s assertion that our roles fall under “national security.” This is simply not rooted in fact. Nowhere in our job description as federal correctional officers does “national security” appear. It’s clear to us—and should be clear to the public—that this is a direct attack on law enforcement professionals working in the Federal Bureau of Prisons.
Background:
On March 27, 2025, President Trump issued an executive order eliminating collective bargaining rights for roughly two-thirds of federal employees, citing vague national security concerns. Just before releasing this order. These moves were designed to gut union representation and silence federal workers, especially those of us whose everyday jobs have nothing to do with actual national security threats.
Legal Developments:
Ninth Circuit Update: On November 4, 2025, the Ninth Circuit withdrew the call for an en banc rehearing on the national security lawsuit. Oral arguments on the district court’s preliminary injunction are set for January 12, 2026.
Bureau of Prisons Contract Termination: On September 25, 2025, Bureau of Prisons Director William Marshall terminated our collective bargaining agreement, stripping more than 30,000 workers of workplace rights and basic protections. He relied on Trump’s Executive Order 14251, which falsely claims national security concerns—even though he later admitted the termination was really about pushing through changes the union opposed. On November 13, Council of Prison Locals (CPL-33) filed suit, arguing these terminations violate the law and our First Amendment rights. The Bureau (BOP/DOJ) has until January 12, 2026, to respond to the request for a preliminary injunction.
NTEU Lawsuit: Federal appeals court judges are currently examining the limits of presidential authority to declare which agencies count as “national security” and use that label to roll back federal workplace rights. Oral arguments for the NTEU case were heard on December 15, 2025.
Summary of Key Dates:
AFGE lawsuit oral arguments: January 12, 2026
NTEU lawsuit oral arguments: December 15, 2025
CPL lawsuit—BOP/DOJ response to injunction: due January 12, 2026
Thanks Jon Zumkehr for putting this info together.