Judge grants order to stop correction officers strike
BUFFALO, N.Y. (WIVB) – A New York supreme court judge granted a temporary order Wednesday to stop the strikes at prisons across the state.
Correction officers at over 20 New York State prisons were striking for a third day Wednesday, including the Western New York facilities of Attica Correctional Facility, Collins Correctional Facility, Wende Correctional Facility and Lake View Correctional Facility. NYSCOPBA, the union representing the state’s correction officers, has said the strike is “not in any way sanctioned.”
Court documents obtained by WIVB News 4 show the state Department of Corrections maintains the Taylor Law deems the strike illegal. A judge granted the temporary restraining order, mandating striking correction officers to stop their strike immediately.
The judge’s order reads in part, “pending further order of this Court, Respondents are hereby immediately and temporarily restrained … from engaging in a strike or other concerted stoppage of work or slowdown, including engaging in, causing, instigating, encouraging, condoning or in any way aiding or abetting a strike or other concerted stoppage of work or slowdown by any public employee or employees of DOCCS, or picketing, congregating, or walking back and forth within one hundred feet of any DOCCS correctional facilities.”
The state, DOCCS and the union are set to appear in court next Tuesday, which is when a judge will see if they can get a permanent stop to the strikes.
Correction officers were still on the picket line up until around 8 p.m. Wednesday and have since left. Some said they received the notification about the judge’s order, but “didn’t care.”
The correction officers’ union told WIVB this was an expected step.
Those who violate the order could be held in contempt of court, according to Robert Boreanaz, a senior partner at the law firm Lipsitz Green Scime Cambria who offered insight into the legal ramifications of the order. The state could also try to have the striking workers docked two days’ pay for every day they strike, he said.
“These members took it on their own to get this together, all across the state, understanding the penalties that they could face,” union representative Kenny Gold said.
Union leadership, such as the president and vice president, could be jailed, among other possible penalties.
The union’s demand letters to the state obtained by WIVB ask for the HALT Act to be reversed, increased pay, staffing incentives, hiring bonuses, two and a half times pay for forced overtime, no overtime mandates, more security checks on mail, and body scanning visitors to reduce contraband.
“They need to be heard immediately so that they become safer so that they don’t become a number and their family isn’t burying them one day,” Gold said.
This comes after Gov. Kathy Hochul announced plans to send in the New York National Guard to respond.
“Earlier today, more than 3,500 members of the New York National Guard started reporting for duty as advance crews are at correctional facilities ahead of the larger deployment to determine logistical needs and roles and responsibilities,” she said in a statement Wednesday.
Hochul went on to say that National Guard members will give out meals and medication to inmates and that more members are expected to be on the scene in the coming hours and days.
WIVB did not see advance crews on the scene Wednesday at Collins Correctional Facility.
The state Department of Corrections confirmed to WIVB on Wednesday that there are new developments in the investigation into what caused the three-day lockdown at Collins Correctional Facility on Feb. 17.
A spokesperson for the state Department of Corrections said body cam video they reviewed shows that details that were initially reported were “inaccurate.” He said DOCCS and state police are working to determine whether any correction officer committed crimes during the lockdown.
This is a developing story, check back for updates
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Nick Veronica is a Buffalo native who joined the News 4 team as the Digital Executive Producer in 2021. He previously worked at NBC Sports and The Buffalo News. You can follow Nick on Facebook, Twitter and Threads. See more of his work here.
Dillon Morello is a reporter from Pittsburgh who has been part of the News 4 team since September of 2023. See more of his work here and follow him on Twitter.
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