By Hank Russell
A consent award was given to the state and the correction officers, which will end the illegal strike that took place throughout some of the state’s prisons.
On February 28, Martin F. Scheinman, a Port Washington-based mediator and arbitrator, worked out a deal for both the Department of Corrections and Community Supervision (DOCCS) and the New York State Correctional Officers and Police Benevolent Association, Inc. (NYSCOPBA), In a statement, Scheinman acknowledged the difficulty of getting both sides to agree on the offer.
“What has become clear during the mediation is the relationship between the parties and the workforce is strained,” Scheinman said. “No single issue, law, or policy entirely explains the current situation. It is obvious this erosion did not happen all at once. Simply stated, anyone observing these meetings would readily observe the parties’ good faith and enormous commitment to finding workable solutions for the workforce. Yet, the parties are concerned that promises will not be kept.”
Under the consent award, certain components of the Humane Alternatives to Long-Term Solitary Confinement (HALT) Act will be temporarily suspended. As previously reported in Long Island Life & Politics, some correction officers and elected officials called for the repeal of the HALT Act. Under the collective bargaining agreement, officers who return to their shifts by March 1 will not be disciplined.
Another issue was mandatory overtime. Upon the agreement, if an officer or sergeant volunteers to work four overtime shifts in a two-week pay period, they are precluded from working 24 hours of mandatory overtime. If they are required to work mandatory overtime, the union and the superintendent must be offered reasons why the employee is being required to work this shift.
The state will continue to pay the standard rate for overtime, which is double-time-and-a-half or 2.5 hours of pay for each hour of overtime worked.
For prison employees on paid leave, “the parties agree to continue to resolve any outstanding issues involving members on preapproved leave for FMLA, Workers’ Compensation, Paid Parental Leave, long-term sick, bereavement, sick leave at half pay, etc., but not vacation and personal leave, who were ordered to prematurely return to work during the strike,” according to the document.
Correction officers also brought up the issue of drugs and contraband being snuck into the prisons. As part of the agreement, DOCCS will choose a vendor that will provide equipment and services to monitor incoming mail. NYSCOPBA will serve as a stakeholder and provide guidance on the list of prospective vendors.
In terms of personnel, the National Guard will still be deployed. They will leave once all officers return back to work. In addition, retired officers will be rehired to help transport prisoners from one facility to another.
The parties agreed 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.
Governor Kathy Hochul said, while she was glad to see both sides meet, she said there is a long way to go. “This resolution is just the beginning. We want to continue addressing systemic issues and make sure that the entire environment is safe for everyone involved and protect the staff and incarcerated individuals.”
Hochul reiterated that public safety is her top priority. “The safety of the incarcerated population, the safety of the workers there, the safety of the corrections officers and the safety of the community. Every single decision we have made has gone through that lens of what’s best and what’s safest for these communities.”