State officials came to an agreement late Thursday with striking correction officers that allows them to avoid punishment for the illegal work stoppage as long as they return to work early Friday.
State Correction Commissioner Daniel Martuscello said he had agreed to a memorandum of understanding with the strikers that reinstates dozens of officers who have been terminated or resigned, foregoes discipline and adjourns any contempt proceedings against them, and contains components aimed at addressing complaints about work hours and safety concerns.
“This reflects the will of the people on the line,” he said during an evening press conference. “I heard you. I received your demands and I received your terms. We need you, we want you. We recognize the important work you do.”
The strike began Feb. 17 and swelled to some 12,500 officers at 38 to 40 of the state’s 42 prisons. Gov. Hochul deployed thousands of members of the National Guard. On Thursday, the length of the strike matched a previous 17-day work stoppage in 1979.
The deal would also create a committee to examine the HALT Act, a law limiting solitary confinement that the strikers have said makes their jobs less safe. Martuscello also pledged to eliminate 24 hour tours and said he has ordered superintendents to honor days off.
A wildcard in the proceedings is that the union representing correction officers — the state Correction Officers Police Benevolent Association — has refused to sign the agreement, union spokesman James Miller said.
“NYSCOPBA was not appropriately engaged in the development of the currently circulating agreement. This agreement was not negotiated with NYSCOPBA—the legally recognized entity through which all negotiations must be conducted,” Miller said.
“There are substantial legal issues that must be addressed, and as presented, this agreement does not represent the best interests of our membership.”
Martuscello said union president Chris Summers had promised to sign the agreement but then declined. Earlier in the strike, a mediation between the state and the union led to a prior deal that was then rejected by the strikers.
“The fact that the union will not now deliver what the membership wants and have now decided to dismiss this (memorandum of understanding), I’ll let you draw your own conclusions,” Martuscello said.
Officers will remain on 12-hour tours until the post-strike fallout stabilizes, but the officers’ days off will be honored, Martuscello said. The health insurance of officers that had been withdrawn will be reinstated, he said.
The creation of the HALT committee likely will draw more criticism from supporters of the law, who have loudly objected to any changes and say even before the strike there were issues with correction officials failing to apply some elements of the law.
Martuscello said the elements around requirements to provide programming for the prisoners would continue to be suspended under a 90-day emergency exception in the law.
He said the agency will pursue wider use of scanning of inmate mail, another policy widely criticized by advocates, and will introduce more use of airport-level body scanners to the prisons.
Any officers who don’t return to work Friday will feel the wrath of the state, according to Jackie Bray, commissioner of state Homeland Security.
“This deal is for those who return tomorrow and only for those who have previously returned, remained on the job or return tomorrow,” Bray said. “Any correction officers or any sergeants who does not return tomorrow, the terms will not apply. And this deal will not be offered again.”
