New York Correction Officers Union Agrees to New Deal: 'This Strike Must End'

The state and a union representing New York correction officers reached an agreement Saturday to end the 20-day strike.

After negotiations that began late Friday, the state Department of Corrections and Community Supervision and the New York State Correctional Officers and Police Benevolent Association reached an agreement that will end the 20-day correction officer strike.

DOCCS confirmed in a statement Saturday that the parties have a deal to end the walkout if 85% of striking officers return to work at 6:45 a.m. Monday.

The agreement contains language from the consent award — the product of four days of mediation between DOCCS and NYSCOPBA — and the memorandum of understanding signed by DOCCS Commissioner Daniel Martuscello after negotiations with striking officers.

The terms of the latest deal include suspending portions of the Humane Alternatives to Long-Term Solitary Confinement Act, known as HALT, for 90 days. A committee will be formed to recommend amendments to the law that limits the use of segregated confinement in jails and prisons. Officers say it has contributed to increased prison violence, and they called for its repeal during the strike.

Officers will work 12-hour shifts until staffing returns to pre-strike levels. A separate committee will examine how to address mandated overtime, another issue of concern for the striking officers.

The state will pay double time and a half for overtime worked 30 days after officers return to work if they report by 6:45 a.m. Sunday. Officers who report on Monday will not receive the additional overtime pay.

DOCCS will not discipline officers who participated in the strike. Employees who were fired or resigned will be reinstated. The state will also end its contempt proceedings against officers for violating the Taylor Law, which prohibits public employee strikes.

Health insurance will be reinstated for officers who return to work, while NYSCOPBA pledged to withdraw its lawsuit challenging the state's action. DOCCS stripped health insurance benefits from officers who were absent without leave.

DOCCS committed to securing vendors to screen legal mail, a source of contraband, and will work with NYSCOPBA on plans for airport-style screening devices in correctional facilities.

Martuscello confirmed that he rescinded his Feb. 10 memo that directed correctional facilities to classify 70% as full staffing. The state agreed to provisions that could aid recruitment and retention, including a review of correction officer salary grades and a referral bonus program that will pay employees up to $3,000 for recruiting new officers.

In a memo, NYSCOPBA "strongly encourage members to consider these terms."

"This strike must end," the union said.

The walkout began Feb. 17 and involved officers from 38 of the state's 42 prisons, including Auburn and Cayuga correctional facilities. At its peak, about 90% of the state's 13,500 correction officers and sergeants were absent without leave.

Gov. Kathy Hochul activated more than 7,000 National Guard soldiers to provide additional staffing in prisons. During the first week of the strike, Hochul announced an independent mediator, Martin Scheinman, was retained to help end the work stoppage.

DOCCS and NYSCOPBA participated in the mediation sessions and reached an agreement, but it was rejected by many of the striking officers.

The state responded by taking action against the correction officers. DOCCS warned that officers could be arrested for violating a judge's temporary restraining order requiring them to return to duty. The officers also faced termination if they continued to participate in the strike.

Meanwhile, Martuscello bypassed NYSCOPBA and engaged in negotiations with the striking correction officers. On Thursday, he announced a second deal to end the strike.

"I heard my workforce loud and clear, and I will not fail to deliver on what I promise," he said.

But NYSCOPBA rejected the agreement because it was not involved in the talks. The union criticized "outside influences" for negotiating with DOCCS.

Despite the union's opposition, more correction officers began returning to work. A source familiar with the situation told The Citizen that less than 4,000 correction officers were still on strike Friday. In Auburn, about 100 officers continued their walkout and 50 resigned from their jobs.

NYSCOPBA notified its members Friday evening that it was reentering negotiations with DOCCS. Those talks lasted for five hours and resumed Saturday, leading to the latest memorandum of understanding signed by Martuscello, NYSCOPBA President Chris Summers and Michael Volforte, director of the state Office of Employee Relations.

The union noted in its memo that there will not be a ratification vote on the deal.

"This is an individual decision for each member to return to work under the terms of the agreement," NYSCOPBA said.

The strike disrupted operations at correctional facilities and cost the state $25 million. But officers were willing to risk losing their jobs to protest unsafe working conditions.

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