Federal courts split on President Trump's union restrictions. The Department of Veterans Affairs can treat its main union contract as expired, while the Bureau of Prisons must honor its contract.
Collective bargaining means formal union negotiation over work rules, staffing and grievances. President Trump signed Executive Order 14251 on March 27, 2025, excluding VA, DOJ/BOP and dozens of agencies from federal collective-bargaining law on national-security grounds, according to a FedSmith comparison of the two rulings. That order triggered both lawsuits.
Table of Contents
- What happened in the VA case?
- Why did the Bureau of Prisons have to restore its contract?
- How do the two results compare?
- What should affected workers check now?
What happened in the VA case?
Judge Melissa DuBose issued a March 13, 2026 preliminary injunction ordering VA to reinstate its AFGE master contract. The order followed the Aug. 6, 2025 termination by Secretary Doug Collins and covered about 320,000 employees, according to an AFGE report on the VA restoration. The win did not hold for most workers.
The First Circuit granted VA a stay on Oct. 2, 2026 of DuBose's August enforcement order, allowing VA to declare the contract expired with no duty to bargain a successor while the appeal continues, according to a FEDweek update on the VA stay. VA then let the contract expire for most employees. Government Executive reported no operative agreement remains except for exempt police, firefighters and security guards.
Why did the Bureau of Prisons have to restore its contract?
BOP Director William Marshall terminated the AFGE Council of Prison Locals contract on Sept. 25, 2025. He called the union an obstacle to progress, although the deal ran through May 28, 2029 and covered about 30,000 staff, Government Executive reported. Judge Vernon Oliver granted a Sept.
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29, 2026 preliminary injunction setting aside that termination. He ordered immediate reinstatement and found a likely Administrative Procedure Act violation because the stated rationale was entirely pretextual, according to an AFGE account of the BOP order. BOP terminated again about eight days later, prompting a contempt motion. Oliver then voided the second termination and ordered compliance with the contract through May 2029, but stopped short of contempt, Corrections1 reported.
How do the two results compare?
Both cases involve the same executive order and early procedural rulings. Neither judge issued a final ruling on whether the order itself is valid.
- VA staff: main contract treated as expired during appeal, with no bargaining duty for most titles.
- VA exception: police, firefighters and security guards keep coverage.
- BOP staff: contract protections on pay, staffing and work rules stay in place pending further orders.
- Common limit: either outcome can change on appeal, including possible Supreme Court review.
What should affected workers check now?
Confirm which contract covers your position today. VA employees outside the police and fire exemption currently lack master-contract grievance and bargaining protections, while BOP employees retain theirs through May 2029 under the court order.
Both orders are interim decisions on jurisdiction and procedure, FedSmith notes, so VA workers presently lack contract protections while BOP workers retain them pending further litigation. Save pay stubs, schedules and discipline notices now; they matter if protections return on appeal.
- Ask your local steward whether your job series is exempt or covered.
- Save current pay, overtime, shift, staffing and discipline records.
- Put workplace disputes in writing with dates, witnesses and policy citations.
- Track appeal notices from your agency and union before filing deadlines pass.
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