Latest news with #ConsentAward
Yahoo
07-03-2025
- Politics
- Yahoo
Union accuses NY Prison Dept. of unethical, illegal actions
ELMIRA, N.Y. (WETM) – The union (NYSCOPBA-New York State Correctional Officers & Police Benevolent Association) representing striking Correction Officers at the Elmira Correctional Facility and other prisons around the state of New York sent a message to its members today, accusing The State Department of Corrections and Community Supervision (DOCCS) and New York Governor Kathy Hochul's office of unethical and, perhaps, illegal conduct surrounding negotiations with union members. US Rep Nick Langworthy also says he is asking the US Department of Labor to investigate the termination of strikers' health benefits by the DOCCS Some union members around the state returned to work Thursday night and Friday morning. The union is asking them to continue to support their walkout and the union's actions. Parts of the message sent to union members on Friday morning say, 'NYSCOPBA will file a lawsuit and seek an injunction preventing DOCCS from unilaterally cancelling members' health insurance without notice or due process.' Consent award reached to end prison strike across NYS 'Based on yesterday's (Thursday) ultimatum by (DOCCS) Comissioner Martuscello, it is also clear that he was attempting to directly negotiate with members in order to pit members against themselves and against the union.' 'We rejected his ultimatum last night. We will be filing an improper practice charge and seeking an injunction to prevent him from doing this again.' 'Mere hours ago, DOCCS approached (us) with a brand-new agreement that was not negotiated with the union, and would require us to rescind the legally enforceable Consent Award…'' …it was unceremoniously stripped of any assurances that it will be legally binding in the future. Both DOCCS and the Governor's Office tried to bully us into signing this agreement by threatening to pin the agreement's downfall on the union. We will not stand for this disinformation.' 'We wanted the opportunity to meet with the DOCCS and the Governor's Office to discuss their changes to the agreement…to make sure it is as legally enforceable as possible.' 'They refused and gave us an ultimatum, which is why we had no choice but to decline to sign the agreement in its current form.' All striking correction officers to be fired Sunday 'We will not be intimidated. We will not back down. Our commitment remains unwavering in delivering safety back to our facilities and bringing quality of life back to our membership. US Representative Nick Langworthy, who represents the area where the Elmira Correctional Facility stands and a wide area around that, is calling for a federal investigation into Governor Hochul's labor practices surrounding the strike. In a letter sent to the acting Secretary of the US Department of Labor, Langworthy wrote: ''Instead of doing something about the concerns of the men and women who risk their safety every day to keep order amongst the most violent population in society, Governor Hochul is having them arrested and taking away their family's health insurance. It's absolutely unconscionable and I will not stand by while they are being denied a right to reasonable working conditions and policies to keep them safe. I stand shoulder to shoulder with our corrections officers, and I will use every tool at my disposal to help deliver the change that is needed.' Friday marks day 18 of the Correction Officers' walkout. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
05-03-2025
- Politics
- Yahoo
State begins firing striking prison guards
PLATTSBURGH — Employment terminations for a 'handful' of striking correction officers began on Sunday, as the financial cost of the strike mounts. New York Department of Homeland Security Commissioner Jackie Bray, who was joined by New York State Department of Corrections and Community Supervision Commissioner Daniel Martuscello III, told the media in a Zoom meeting Monday that less than 10 officers across the state have been terminated so far. 'These are officers who have been AWOL for 10 days in a row on their work days and then missed that 11th shift,' Bray said. 'That will continue to evolve over the next several days.' Bray said officers out on FMLA, worker's comp, or bereavement leave would be dealt with on a case-by-case basis and that anyone with a valid reason to remain out would not be penalized. Correction officers across the state have been striking at prisons since Feb. 17, advocating for safer working conditions, more staffing, and a repeal of the Humane Alternatives to Long Term Incarceration Act, which strictly limits the amount of time and which inmates can be sent to special housing units. Representatives from the state and the Department of Corrections and Community Supervision and the New York State Correction Officer Police Benevolent Association sat down for several sessions with a mediator recently and eventually came up with an agreement. The agreement or 'Consent Award' called for a suspension of HALT for 90 days and measures to limit required overtime shifts and to scan legal mail entering prisons. It also called for no discipline against the striking officers. The deal set Saturday, March 1 as the date for all striking officers to return to work. Those who didn't return risked termination, potential fines and possible arrest for violating a court order, according to a statement from the correction officer's union, the New York State Correction Officer Police Benevolent Association, last week. However, at Clinton Correctional Facility in Dannemora and other facilities statewide, the proposal wasn't good enough and many correction officers are continuing to strike amid the state's threats. Repealment of the HALT Act remains top priority for the correction officers and many have called on Gov. Kathy Hochul to use her executive powers in getting rid of it. 'I HAVE NO ABILITY TO CHANGE' Martuscello said he addressed HALT in the Consent Award but a full repeal is out of his hands. 'In terms of repealing the law or making specific changes on terms of what conduct constitutes being able to be placed in a special housing unit or restricted housing, those are things that I have no ability to change. That will require the legislature to do so,' he said Monday. 'In terms of the executive order. As you know, the legislature can override an executive order with 50% plus one. So therefore, there's really no change that we can immediately make to the HALT Act, other than to go to the legislature to make changes.' As of Monday, Martuscello said 32 of 42 prisons are still striking. Bray said they're taking further action and terminating the health insurance for thousands of correction officers, who have been 'AWOL,' and their dependents beginning Monday, she said. 'None of these actions we take lightly,' she said. 'We have tried at every turn to get people back to work without taking these actions.' TAYLOR LAW The wildcat strike was unsanctioned by NYSCOPBA. Bray said the state has the authority, under civil service law 210, otherwise known as the Taylor Law, to take these actions such as termination of employment and health insurance. 'Striking is absolutely illegal for employees and unions that are covered under that law,' Bray said. 'That's because our corrections officers, like many of our public sector public safety staff, are essential employees, and their showing up for work is essential for the safety of the state. When a violation of the Taylor Law occurs, the chief legal officer of the state, in this case the Attorney General, can seek contempt for those in violation, which she has done.' Bray said no correction officers have been arrested yet, but over 350 have been named in the civil action. 'The Attorney General's Office is at a hearing this morning in an effort to begin civil contempt proceedings for those named officers,' she said. 'We would expect that to play out over the next several days before anyone was detained.' NATIONAL GUARD COST On Feb. 18, Gov. Kathy Hochul mobilized the New York National Guard to enter facilities across the state. Bray said there have been 5,300 Guard members with boots on the ground in facilities. There's no timetable for how long the National Guard will be in state prisons. 'Our continuity of operations, for an event like this, is to leave the National Guard in place. and you know, both Commissioner Martuscello and myself have been to a number of facilities over the last 48 hours, the Guard is doing everything they can to continue to run those facilities professionally and safely,' Bray said. 'It is our sincere hope that … this illegal strike ends and ends quickly, ends today, ends tomorrow. Let's get back to work, but the National Guard will stay for as long as we need the National Guard to stay, and right now, they're doing a very good job.' In response to the strike, so far, the state has spent $25 million, Bray said. 'We estimate that if the strike were to continue, we'd be spending approximately $106 million a month,' she said. 'The Taylor Law provides for both sanction in terms of detention and fines equal to what the state is spending to respond to the illegal action.' LOOKING AHEAD Asked what their long-term plan will be if the correction officers do not return to work, Bray said 'no matter when this ends or how this ends, our long term plan is, must be and is to recruit more corrections officers, because our facilities run safer when we're fully staffed.' 'And unfortunately, it has been exceedingly hard, even before the pandemic, but really accelerated by the pandemic and after the pandemic, to remain fully staffed. That's one of the reasons why this Consent Award included important things to help incentivize staffing. For example, the state agreed to an up to $3,000 referral bonus until folks return to work and we end the strike.' While the Consent Award was agreed to by union leadership, it was not welcomed by the rank and file members who remain on the picket line. The tense situation caught the attention of Congresswoman Elise Stefanik (R-Schuylerville) who issued a statement Monday. 'New York Governor Kathy Hochul's disgraceful termination of hardworking correctional officers is the outrageous culmination of Hochul and Albany Democrats anti-law enforcement, HALT Act, Defund the Police agenda punishing our brave law enforcement officers and law abiding citizens,' Stefanik said. 'This abject failure has put the lives and livelihoods of our correctional officers at significant risk. I will continue to support our law enforcement and their families who make tremendous sacrifices to keep our communities safe.'
Yahoo
28-02-2025
- Politics
- Yahoo
Agreement reached in correction officers strike
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.
