BOP, VA Face New Legal Battles Over Union Contracts
A federal judge blocked the Bureau of Prisons (BOP) from terminating its collective bargaining agreement (CBA) with the American Federation of Government Employees (AFGE) for a second time, finding the agency violated an existing court injunction.
Judge Vernon Oliver found that BOP improperly engaged in “self help” by ending its agreement with AFGE Council of Prison Locals 33.
The latest ruling follows a September 29 order, when Judge Oliver ordered BOP to reinstate its CBA, finding that AFGE had shown the agency's first attempt to cancel the CBA likely violated the Administrative Procedure Act.
BOP then resubmitted its termination notice using a new rationale.
“Rather than abiding by this order, defendants issued the re-termination memorandum, which purported to terminate the CBA under new rationale,” Judge Oliver wrote. “But an agency may not use ‘new rationale’ to justify a ‘unilateral decision to abandon its obligations under the injunction.”
However, Judge Oliver denied the union's request to hold BOP leadership in contempt. AFGE argued that BOP had failed to take steps to reinstate the contract, while the agency said delays were due to administrative issues. The judge accepted that explanation in denying the contempt request.
VA Lets Contracts Expire
Meanwhile, the Department of Veterans Affairs (VA) allowed its CBA with AFGE to expire, after a federal appeals court paused a ruling requiring the agency to honor its union contracts.
In a message to employees, VA described the expiration as an opportunity for employees and managers to communicate more freely, noting that negotiations, grievance and arbitration proceedings, access to office space for union activities, and other contractual provisions will immediately cease.
VA also directed managers to follow VA policies on matters including promotions, alternative work schedules, details, hours of work, telework, and leave.
However, the VA said it will maintain certain portions of the expired contract for police officers, firefighters, and security guards.
But the legal fight is far from over.
AFGE filed a new motion, asking U.S. District Judge Melissa DuBose to issue an “indicative ruling” that would restore the contract for the remainder of negotiations.
The dispute centers on a CBA provision requiring negotiations to begin within 30 days of notice to renegotiate. The agreement also provides for an automatic extension if negotiations are underway, but a new contract has not been reached by the expiration date.
AFGE argues that ongoing negotiations satisfied those requirements, but VA insists the union failed to begin negotiations within the 30-day window.
