Correction officers could face fines, imprisonment for ignoring orders to end strike

BUFFALO, N.Y. (WIVB) — State officials have failed to convince some 8,000 correction officers and sergeants to end their unlawful strike for safer working conditions.

Now, their boss wants some of them held in contempt for violating a temporary restraining order.

The New York Attorney General’s Office, on behalf of the Department of Corrections and Community Supervision (DOCCS), filed court papers Monday that seek to punish correction officers with fines up to $442 per day, and even imprisonment.

The strike started Feb. 17 after a lockdown at Collins Correctional Facility in Gowanda.

A few days later, the strike spread to 38 of the state’s 42 prisons, forcing Gov. Kathy Hochul to call in thousands of National Guard members to the poorly staffed prisons at a huge cost to taxpayers.

On the 16th day of the strike, correction officers continue to demand safer work conditions, the end of mandated overtime with 24-hour shifts, and the repeal of the HALT Act, which limits the number of days of solitary confinement for incarcerated individuals, among other directives.

The contempt application by DOCCS in Erie County Supreme Court is the latest effort to convince correction officers to return to work.

The Taylor Law prohibits public employees from striking. When directives to stop are ignored, the law requires the state to apply for a contempt order to punish violators.

Supreme Court Justice Dennis E. Ward ordered the New York State Correctional Officers and Police Benevolent Association (NYSCOPBA) and some of its members to respond to the contempt application by March 11.

“The ongoing strike threatens irreparable harm to the operations of DOCCS, which was already experiencing staffing shortages, and these actions will only serve to exacerbate an already volatile situation,” said Assistant Attorney General Soo-young Chang in the court application.

Other steps taken by DOCCS and the union also failed: Mediation efforts that resulted in numerous concessions approved by the union did not sway correction officers.

Those concessions included a 90-day suspension of some provisions of the HALT Act, paying correction officers $750 for mandated overtime shifts, screening mail for illegal substances, and up to a $3,000 referral bonus to increase staffing.

DOCCS said Tuesday negotiations with the union are done and the concessions expired. The department terminated “a little over” 20 employees and more notices will be delivered for the rest of the week. DOCCS said Wednesday that 5,200 letters have been sent to staff notifying them of health insurance coverage cancellation.

“What the Commissioner wants is for staff to return to work and continue discussing ways to make the facilities safer for everyone moving forward,” a DOCCS spokesman said.

The strike is a big expense for taxpayers.

Jackie Bray, the commissioner of the New York State Division of Homeland Security and Emergency Services, said the strike has already cost taxpayers $25 million. She estimated the strike will cost $106 million per month for as long as it continues.

Meanwhile, The New York Times reported seven inmates have died since the start of the strike, including a 22-year-old inmate at Mid-State Correctional Facility. Hochul directed DOCCS to place 15 employees on leave in response to the death.

“As I’ve said for weeks, my top priority is the safety and well-being of all New Yorkers involved in the correctional system, from civilian employees to National Guard to Correction Officers to incarcerated individuals,” Hochul said in a prepared statement. “The ongoing illegal work stoppage is a significant safety risk, and I once again reiterate the need for Correction Officers to return to work.”

Still, hundreds of correction officers and their family members drove to Albany on Tuesday to demand lawmakers take action. They stood in front of the State Capitol, holding signs that said “It’s Not About Money” and “Unsafe Working Conditions” while chanting “Hold the line.”

NYSCOPBA did not immediately respond to WIVB News 4’s request for comment.

“Since this strike began, the State has moved mountains at a cost of millions of dollars to maintain its prison system — including by bringing in thousands of National Guard members to staff them and by paying officers who have continued to do their duty a higher rate of overtime pay,” Chang said in the contempt application. “Moreover, conciliatory steps have been attempted. An amnesty was offered. A consent award was reached under the auspices of a mediator. Nevertheless, the officers proceeded against here still refuse to return, as do a great many others who continue to defy this Court’s will.”

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Dan Telvock is an award-winning investigative producer and reporter who has been part of the News 4 team since 2018. See more of his work here and follow him on Twitter.

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