Suit Alleges Unlawful Retaliation Against Union Leader

The American Federation of Government Employees (AFGE) has filed a lawsuit alleging that the Federal Bureau of Prisons (BOP) targeted AFGE Local 3003 President David Demas for exercising his First Amendment rights while speaking to media about government matters.

AFGE filed the lawsuit on Demas’ behalf in the U.S. District Court for the Middle District of Pennsylvania, “challenging BOP’s unlawful retaliation against Demas for his protected speech as a union leader,” according to an AFGE statement.

The suit contends that BOP retaliated against Demas after he spoke to media outlets about the combined effects of the government shutdown and the agency’s cancellation of AFGE’s contract on 30,000-plus BOP employees who AFGE represents. In speaking to the press, Demas was merely “exercising his First Amendment rights to free speech and freedom of association,” according to AFGE.

Demas is seeking rescission of a suspension, an injunction against BOP using agency policy to punish employees for constitutionally protected speech, and a declaration that BOP suspended him in retaliation for exercising his First Amendment rights.

“The Bureau of Prisons’ discipline of Mr. Demas is a clear attempt to chill unions and their members from exercising their First Amendment rights,” AFGE National President Everett Kelley said in a statement.

“Mr. Demas was speaking on matters of clear public concern. AFGE will not stand by when this administration targets our members for speaking out about vital public issues.”