By Lindsay Press
Three days after both sides agreed to terms to end an illegal strike by New York State correction officers, Governor Kathy Hochul signed an executive order that bars those who took part in the strike from seeking a civil service job.
As previously reported in Long Island Life & Politics, correction officers walked off the job last month, citing unsafe work conditions, mandatory overtime, drugs and other contraband being sneaked into inmates’ incoming mail and prison violence resulting from the Humane Alternatives to Long-Term Solitary Confinement (HALT) Act.
LILP also reported that Hochul deployed the National Guard at these state prisons to fill the vacancies, suspended parts of the HALT Act and allowed striking officers to return without punishment. Anyone who did not return to work immediately will lose their state-funded health benefits. Also, since the union did not authorize this strike, they will not cover the strikers’ legal fees.
On March 8, both the Department of Corrections and Community (DOCCS) and the New York State Correctional Officers & Politics Benevolent Association (NYSCOPBA) agreed to end the 22-day-old strike. Despite not meeting the 85 percent return threshold, the State is recognizing components of this agreement as well as the March 6th agreement in full. Components of the agreements that the State will honor include:
- Allowing the Commissioner of DOCCS to exercise his existing discretion under the HALT Act and continue the temporary suspension of the programming elements of the HALT Act for 90 days from the date of the MOA.
- Minimizing and working towards eliminating 24-hour mandatory overtime.
- Establishing a committee to analyze each facility’s staffing and operational inefficiencies with the goal of providing more relief to existing staff.
- 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.
- Reiterating rescission of the 70/30 memo.
- Immediately reinstating the health insurance of any returning employee.
- Continue to pay the 2.5 times overtime rate originally established by mutual agreement on February 20, 2025, for 30 days from the date of the MOA.
- Allowing employees to purchase health insurance covering the full State share and employee share to the first day of AWOL/terminated health insurance.
- Establishing a committee comprised of representatives of NYSCOPВА and DOCCS and other parties to present recommendations to the New York State Legislature regarding changes to the HALT Act.
“After 22 days of an illegal strike, the governor and I are happy to report it is now ended,” Department of Corrections and Community Supervision Commissioner Daniel Martuscello told the Associated Press.
Martuscello also said The New York Post, “We are committed to building a dedicated, resilient workforce and attracting the next generation of correctional leaders. We will work to ensure the new department will be safer and more effective for everyone involved.”
Of the approximately 13,000 that walked the picket line, 10,500 returned to work. The other 2,500 who did not were terminated immediately. Under the executive order, the ones who did not go back to their jobs cannot be hired for state service positions. The executive order explains that it is illegal for the state’s public employees to go on strike.
The executive also states that any public service employee who went on strike can be disqualified from civil service employment. Hochul’s executive order set up for all correctional officers who were involved in the illegal strike to be investigated. Additionally, no New York State agency can hire DOCCS employee who was fired for refusing to return to work. They had until March 7 at 6:45 a.m. to return to their jobs.
“My top priority is the safety and well-being of all New Yorkers – and I have been working around-the-clock to end this illegal work stoppage and restore safety in our correctional system,” Hochul said. “We have taken unprecedented steps to protect public safety, and I am grateful to the National Guard and DOCCS personnel who stayed on the job, going above and beyond to protect their fellow New Yorkers.”