ALBANY, N.Y. — In a bold move to address the ongoing wildcat strike by correctional officers, New York state officials have amended a final offer directly to the striking personnel, bypassing union leadership.
The proposal, announced on March 6, aims to bring an end to the 18-day strike that has disrupted operations across more than 30 state prisons.
State’s final offer to striking corrections officers
Department of Corrections and Community Supervision (DOCCS) Commissioner Daniel Martuscello outlined the key components of the offer:
- No disciplinary actions: Striking officers who return to work by March 7 will not face disciplinary measures.
- Reinstatement: Officers previously terminated for participating in the strike will be reinstated.
- Health benefits restoration: Health insurance benefits for returning officers will be immediately reinstated.
- HALT Act suspension: A 90-day suspension of specific provisions of the Humane Alternatives to Long-Term (HALT) Solitary Confinement Act, addressing safety concerns raised by the officers.
Martuscello emphasized that this offer directly addresses the concerns voiced by officers on the picket lines, stating, “I heard my workforce. This delivers the things they asked for.”
Union’s stance and legal implications
The New York State Correctional Officers & Police Benevolent Association (NYSCOPBA), representing over 13,000 prison staff, has rejected the state’s proposal, the Associated Press reports. The union cited unresolved legal issues and a lack of involvement in the agreement’s development as reasons for their refusal. In a statement earlier on March 6, NYSCOPBA asserted, “This agreement was not negotiated with NYSCOPBA—the legally recognized entity through which all negotiations must be conducted.”
State officials have warned that failure to return to work by the specified deadline will result in disciplinary actions, including termination and potential legal consequences.
Jackie Bray, commissioner of the state Division of Homeland Security and Emergency Services, indicated that approximately 1,000 names of striking workers have been forwarded to the state Attorney General’s office for potential contempt charges, the Associated Press reports.
Background of the strike
The strike began on Feb. 17, with correctional officers protesting unsafe working conditions and the implementation of the HALT Act, which limits the use of solitary confinement.
The officers argue that the act has led to increased violence within prisons, compromising both staff and inmate safety. In response to the strike, Governor Kathy Hochul deployed thousands of National Guard members to maintain order within the state’s correctional facilities.
Key provisions of the proposed agreement
The Memorandum of Agreement (MOA) between the State of New York and NYSCOPBA includes several critical provisions aimed at addressing the concerns of correctional officers:
- Committee on HALT Act changes: Establishment of a committee comprising representatives from NYSCOPBA, DOCCS, and other parties to recommend safety measures related to the HALT Act within 60 days.
- Temporary suspension of HALT Act provisions: A 90-day suspension of certain programming elements of the HALT Act due to the emergency caused by the strike, with a review after 30 days to assess reinstatement.
- 12-Hour shifts: Continuation of 12-hour shifts until normal operations resume, after which officers will return to their original shifts.
- Overtime compensation: Maintenance of a 2.5 times overtime rate for 30 days from the MOA date.
- Job reclassification review: The Department of Civil Service will review NYSCOPBA’s reallocation request within two months of the MOA date.
- No disciplinary action for returning officers: Officers returning by the deadline will not receive disciplinary notices, and probationary terminations for striking employees will be rescinded.
- Immediate health insurance reinstatement: Health insurance for returning employees will be reinstated immediately.
