Agreement to go into effect if majority of correction officers return to work Monday

BUFFALO, N.Y. (WIVB) — The New York State Department of Corrections and Community Supervision announced Saturday night that an agreement had been reached with the New York State Correctional Officers & Police Benevolent Association for striking correction officers to return to work at 6:45 a.m. Monday.

DOCCS released a “Memorandum of Agreement,” which was signed by DOCCS Commissioner Daniel Martuscello and NYSCOPBA President Chris Summers, on the 20th day of the wildcat strike that is not officially sanctioned by the union. It will go into effect if at least 85 percent of the state’s correction officers return to work on Monday.

Under the agreement, DOCCS will rescind probationary terminations that were issued to striking employees, as well as reinstate any employee who resigned. New York State will reinstate health insurance effective immediately to employees who had their health insurance terminated. DOCCS will also not pursue Taylor Law proceedings against officers who were on strike if they return to work on Monday.

The union said Monday morning that it does not currently have information on returning workers.

Around a dozen officers were still on the picket line on Monday morning. They said there will be a court hearing on Tuesday at the State Supreme Court. WIVB News 4 is working to learn more.

NYSCOPBA announces lawsuits after negotiations ‘ended poorly’ with state

The strike began on Feb. 17 with correction officers seeking changes to working conditions. Those requests included limits to overtime and a reversal of the Humane Alternatives to Long-Term Solitary Confinement (HALT) Act. A mediator was brought in on Feb. 21, and a tentative deal had previously been reached on Feb. 27, but several correction officers remained on strike following that tentative agreement.

The agreement states that the HALT Act will remain suspended on a temporary basis, and that Martuscello 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.” Both sides will continue to “work towards eliminating anyone working 24-hour mandatory overtime.”

Both sides also agreed to establish a committee to examine staffing across facilities, as well as potential “operational inefficiencies with the goal of providing more relief to existing staff.”

The National Guard will remain at facilities on a temporary basis, and National Guard members “will be used to help prevent an employee from being mandated to work a 24-hour overtime shift.”

The National Guard said as of Monday, there are 6,680 personnel on the “DOCCS support mission.”

The full Memorandum of Agreement can be viewed below.

News 4 reached out to NYSCOPBA on Saturday regarding the agreement and is waiting to hear back.

Memorandum-of-AgreementDownload

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Mark Ludwiczak joined the News 4 team in 2024. He is a veteran journalist with two decades of experience in Buffalo. You can follow him online at @marklud12.

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