Agreement reached in correction officers strike

Yahoo

28-02-2025

PLATTSBURGH — It appears the 11-day wildcat strike of state correction officers may be over.
In an agreement reached late Thursday, the fourth day of mediation, a deal calling for a 90-day repeal of the Humane Alternatives to Long Term Incarceration Act, changes to overtime pay, improvements for legal mail screening and no penalties for striking officers, was reached.
'My top priority is the safety of all New Yorkers, and for the past 11 days, I have deployed every possible state resource to protect the well-being of correction officers, the incarcerated population and local communities across New York," Gov. Kathy Hochul said in a statement late Thursday night.
"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. I have the utmost respect and gratitude for the correction officers, civilian DOCCS employees, National Guard personnel and other staff who have done their absolute best to maintain order in our correctional facilities during this challenging period.'
Correction officers went on a strike unsanctioned by their union, the New York State Correction Officers Police Benevolent Association, on Feb. 17. The officers were searching for more staffing, better measures to keep troublesome contraband out and a repeal of the HALT Act, which strictly limits the amount of time spent in — and which inmates can be sent to — special housing units.
NYSCOPBA has been arguing for two years that the amount of assaults in prisons of inmate on inmate and inmate on staff has gone way up since HALT was implemented in March of 2022.
Mediation sessions with mediator Martin Scheinman began on Monday, Feb. 24 with representatives from the state and the union sitting down.
In his Consent Award statement, Scheinman said the agreement was between New York State ('State') and the New York State Correctional Officers and Police Benevolent Association.
"The parties reached agreement to resolve various disputes; and WHEREAS, the parties agreed to memorialize their agreement in this Consent Award; NOW, THEREFORE, I make the following Award upon the consent of the parties, without admission of wrongdoing by any party," the agreement said.
In the agreement, the state agreed to the temporary suspension of HALT for 90 days, and other concessions. The agreement calls for officers to return to work on Saturday, March 1.
The National Guard, which was brought in by Hochul to staff prisons across the state, will be drawn down as staff returns to work.
With regards to the suspension of HALT, after 30 days, the commissioner of the Department of Corrections and Community Supervision Daniel F. Martuscello III will "begin to evaluate the operations, safety, and security of our facilities relative to staffing levels and determine whether re-instituting the suspended elements of HALT would create an unreasonable risk to the safety and security of the incarcerated individuals and staff."
"This analysis will be done on a facility-by-facility basis and will be ongoing. The suspension applies only to the HALT Act provisions... pursuant to which the Commissioner has operational discretion, and specifically to the provisions that have been directly impacted by the staffing crisis and illegal strike, and not to the other elements of the HALT Act. DOCCS will continue to follow all other elements of the HALT Act requirements."
Changes to Overtime
"The joint goal is to minimize and work towards eliminating anyone working 24-hour mandatory overtime. The parties agree to the following points to aid in this goal."
"Voluntary Overtime – if a Correction Officer or Sergeant volunteers and works 4 shifts of overtime in a two-week pay period, they will not be mandated to work an additional shift in that pay period. A 'shift' shall be defined as an eight-hour tour of duty. Two (2) shifts will be selected for each week of the pay period.
"Employees who engage in shift swapping are not excluded from this incentive or management's ability to mandate. If an employee who works the required two (2) voluntary overtime shifts per week and is then mandated for an additional shift during that same week, such shift shall be credited for the following week of voluntary overtime within the pay period, resulting in one less voluntary overtime shift being worked the following week of the pay period.
"Additionally, if an employee is mandated to work an overtime shift after working two (2) voluntary overtime shifts in a week, the employer shall pay a $750 penalty to the employee for violating the voluntary overtime agreement. The credit shall not roll over from one pay period to the next."
Also, "any Correction Officer or Sergeant who volunteers and works overtime on Friday, Saturday, or Sunday will receive a pay differential of $100 per shift worked on such day."
Legal Mail
"DOCCS shall investigate and pursue a contract with a qualified vendor to provide equipment and/or services for the screening of all incarcerated individual legal mail in an effort to further curtail the introduction of drugs into correctional facilities. Such screening shall not include, in any form, the review of the communications within legal mail.
Strike-Related Discipline
"DOCCS shall not issue notices of discipline under the collective bargaining agreement for an employee who engaged in the strike so long as the employee returned to work by the deadline in this award. This does not include any Taylor Law fine(s) that may be incurred.
"This does not apply to employees who engaged in criminal/illegal activity separate and distinct from the accusation of strike participation. For example, employees who engaged in vandalism or violence will be issued notices of discipline for such misconduct.
"DOCCS agrees to expeditiously process the reinstatement applications submitted by any employee who was summarily terminated while on probation as a result of the strike. This does not guarantee that the reinstatement application will be granted."
Continuation of 2.5 Overtime
The state said it will continue the 2.5 Overtime rate for all overtime worked for 30 days from the date of the agreement.
"The State agrees that the Department of Civil Service will complete its analysis of the union's previously submitted reallocation request to increase the salary grade of a Correction Officer from SG-14 to SG-17 and Correction Sergeant from SG-17 to SG-20, within four (4) months from the date of this award.
"The parties also agree to implement a Referral Bonus Program whereby any staff that refers a non-DOCCS employee to become a Correction Officer or Correction Officer Trainee will receive a $1,500 Referral Bonus upon their graduation of the academy and completion of on-the-job training and a second $1,500 Referral Bonus upon their completion of the 52-week probationary period."
The parties will also procure and implement a mental health and wellness app that will allow for a generic sign on in order to protect the users' anonymity, the agreement said.
The parties also agreed to meet and discuss the definitions of assault for tracking assaults on staff.
NYSCOPBA officials had yet to comment on the agreement late Thursday night.