A nearly two-week illegal strike by state correction officers appeared to be over Friday after Gov. Kathy Hochul agreed to a series of concessions — including the “temporary” suspension of a law restricting the use of solitary confinement to 15-days.
The state also agreed to limit ordering correction officers to work 24-hour mandatory overtime because of a lack of replacement staff, according to a so-called “consent award” announced by Hochul late Thursday night.
That document, prepared by veteran arbitrator Martin F. Scheinman, was agreed to by state correction officials and the union that represents the guards. None of the strikers were signers.
New York State Department of Corrections and Community Supervision (DOCCS)
officials also will establish a committee to review “each facility’s staffing and operational inefficiencies,” according to the seven-page agreement. Officers who work overtime on the weekends will receive a $100 pay differential per shift, the deal said.
Additionally, the individuals who manned the picket lines or stayed home will not face any internal discipline or fines for walking off the job, the deal specified. State law bars public employees in New York from striking.
“Working with a mediator, we have reached a consent award to address many of the concerns raised by correction officers, put DOCCS back on the path to safe operations, respect the rights of incarcerated individuals and prevent future unsanctioned work stoppages,” Hochul said in an emailed statement Thursday night.
It remains unclear if correction officers out on strike since around Feb. 14 will return to their posts. According to the deal, they all must return by their shifts starting on Saturday.
Many were still on picket lines on Friday, the Albany Times Union reported.
The New York State Correction Officers Police Benevolent Association (NYSCOPBA) said the decision was “not a collective vote” by members of the union. The union hasn’t formally endorsed the wildcat strike and therefore has said it is not technically representing the walkouts.
“It will be up to each individual who currently is refusing to work to decide whether to return to work or risk termination, potential fines and possible arrest for violating the court order,” union spokesman James Miller said in an emailed statement Friday morning.
“NYSCOPBA has encouraged each member to return to work based on what was achieved in the Consent Award,” he added.
Criminal Justice Reform Reversals Decried
The proposed deal was slammed by advocates who spent years lobbying the state legislature to enact the Humane Alternatives to Long-Term Solitary (HALT) Act.
“Let’s be clear that they are simply violating the law and people will be tortured and die as a result,” said the HALT Solitary campaign in a press release.
The organization noted it took eight years before the measure passed both houses in Albany. Former Gov. Andrew Cuomo signed it into law shortly before he resigned in disgrace in 2021.
The legislation restricts the use of solitary confinement to 15 days and bans it for pregnant women and people with mental illness. It took full effect in March 2022.
Even when the full HALT law was in place, prison officials repeatedly violated the 15-day limit, according to three years of investigations by New York Focus.
Backers of the solitary confinement reform measure cite research, including by the United Nations Commission on Human Rights, that shows isolating people for long stretches is akin to torture and causes serious mental harm.
Gov. Hochul visits Marcy Correctional Facility following the murder of Robert Brooks. Dec. 30, 2024. Credit: Office of Governor Kathy Hochul
As for the consent agreement, the relationship between correction officers and the Hochul administration was clearly strained, said Scheinman, the arbitrator appointed by. Hochul.
“No single issue, law or policy entirely explains the current situation,” he wrote in an introduction to the consent order. “It is obvious this erosion did not happen all at once.”
“The parties are concerned that promises will not be kept,” he added.
Normally, he said he’d suggest a binding agreement that can be enforced by a judge if necessary.
But he noted the consent award is not binding because the officers were currently breaking the Taylor Law. That measure, enacted in 1967, prohibits strikes by public employees in New York state while granting them the right to collectively bargain their contracts.
Instead, Scheinman and his arbitration firm said he “will retain jurisdiction to ensure the promises made by both sides are fulfilled before such matters involve a court.”
High Costs
Last Wednesday, Gov. Kathy Hochul activated approximately 6,500 New York National Guard members to help run basic operations in multiple prisons. Many are sleeping inside the prisons, where some have complained about deplorable conditions.
Hochul and her staff have repeatedly refused to disclose how much the emergency call-up has cost taxpayers.
But the state has likely paid at least $13.6 million for the National Guard, based on a Reuters review in 2020 that found an average cost of $350 per person called up — a figure that doesn’t include food or other benefits like health insurance.
During the strike, people behind bars have largely remained locked in their cells without any programming or visits from loved ones. Many have complained about meals taking hours to arrive, delays in medical care, and zero mail or contact with people on the outside, according to advocates who kept a comprehensive list from each facility.
Three prisoners have died during the walkout, including two men in Sing Sing Correctional Facility in Ossining on Wednesday afternoon. Anthony Douglas, 67, and Franklyn Dominguez, 35, passed away about four hours apart at the lockup, according to DOCCS spokesperson Thomas Mailey.
Correction officers began to walk off shortly after a Feb. 14 report in the Albany Times Union revealed that a group of officers would be criminally charged for their involvement in the beating death of inmate Robert Brooks inside Marcy Correctional Facility on Dec. 10.
Brooks, 43, was kicked and punched by guards who held him down on a medical bed at the prison, according to body camera footage from officers involved. On Dec. 27, state Attorney General Letitia James released footage of four officers at the scene who apparently didn’t realize the cameras were recording. At least three sergeants and a nurse were also present during the beatdown, the videos show.
Last Thursday, the five officers seen beating Brooks on the video were hit with murder charges by Onondaga County District Attorney Willian J. Fitzpatrick.
He’s handling the case because James named him as special prosecutor while recusing herself due to a possible conflict. She is representing two of the officers in a separate civil case brought by a former prisoner alleging similar abuse.
Three officers in the area who failed to stop the assault were hit with manslaughter charges.
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