New York fires 2K prison officers who refused to return to work after strike
WHITE PLAINS, N.Y. — A strike that paralyzed New York's prison system for three weeks ended Monday with most workers returning to their jobs and state officials firing about 2,000 holdouts who didn't return to work.
The critical mark they sought was 85% of their pre-strike workforce strength to resolve the labor standoff. That was a threshold set in a deal reached on Saturday with union leaders, the fourth attempt to resolve a dispute with thousands of striking correction officers and sergeants over understaffing, forced overtime, and what they say are unsafe working conditions.
At a virtual news briefing Monday evening, the head of the state's 42 prisons told reporters the percentage of the roughly 13,500 workers who returned fell below that mark, with about 10,000 officers and sergeants available and working. But he said state officials would still honor most of the terms of the weekend agreement and considered the standoff over.
"It is time to turn the page," said Daniel Martuscello III, commissioner of the Department of Corrections and Community Supervision, who vowed to rebuild the department and launch an aggressive recruiting campaign to fill depleted staffing after a "challenging 22 days."
On Tuesday, Gov. Kathy Hochul's office said the state will continue to direct over 6,000 National Guard members to fill the place of absent correction officers within prisons or play a supporting role. Saturday's agreement indicated the National Guard would stay on duty in a support role even if the 85% staffing level was reached, and would be gradually withdrawn from the facilities as they returned to normal.
Martuscello said the prisons had welcomed back 5,000 returning employees, including 1,200 who returned on Monday before the 6:45 a.m. deadline in Saturday's agreement. Termination letters had been sent to another 2,000 employees who stayed off the job, he added.
Hochul's office also announced Tuesday that the governor signed an executive order establishing a policy barring the fired prison workers from being hired for other state positions.
"Today, we can finally say this work stoppage is over and move forward towards making our prisons safer for all, supporting our correctional staff, and recruiting the correction officers of the future," Hochul said in a statement.
How long have the New York prison strikes been going on?
The wildcat strike began on Feb. 17 at two prisons and spread to dozens more, a massive show of discontent by rank-and-file correctional officers without their union's approval. Their action was illegal because state law prohibits most public employees from striking.
Hochul deployed several thousand National Guard members to substitute absent correction officers. Workers at some sites later returned to their jobs, but those at 32 prisons were still on the picket lines last week.
Correction officers were protesting forced overtime, understaffing, and what they say are unsafe work conditions. They also protested their continued opposition to a 2021 law that restricted using long-term solitary confinement as a disciplinary action.
After failed attempts to resolve the dispute through mediation, state officials made their latest offer to workers and delivered an ultimatum last Thursday — return to work by the next day or they would be fired and could face prosecution.
The deadline was eventually pushed to 6:45 a.m. Monday by an agreement signed over the weekend by the president of the New York State Correctional Officers and Police Benevolent Association, which represents 13,500 correction officers and sergeants.
What did the proposed agreement between New York and striking prison workers say?
The agreement — similar to the three previous proposals — pledges to form a committee to study one of the workers' chief complaints: the 2021 law that limits the use of long-term solitary confinement as punishment, known as the HALT Act.
The panel would recommend ways to amend the HALT Act to the legislature within 60 days. That, in theory, would give state lawmakers time to act before this year's session ends on June 12.
The state also offered to suspend the rules of the HALT Act for another 90 days, continuing the pause declared during the strike by the Department of Corrections and Community Supervision.
Under the agreement, state officials said they would absolve striking workers who had returned to work by Monday morning. Employees who had resigned but wanted their jobs back could have them. Those who had their health insurance revoked would get it restored. Termination proceedings would halt.
The state promised to take every step to avoid forcing workers to work 24 hours straight with overtime to fill vacant posts. They offered $1,500 referral bonuses to workers who recruit new correctional officers, a bonus they could collect twice if a new hire finishes a year on the job.
Martuscello said Monday that workers who returned to work may still face penalties for violating the Taylor Law, which prohibits striking.
High-profile deaths reported amid New York prison system turmoil
The wildcat strike began around the time 10 corrections employees were indicted in the death of Robert Brooks, an inmate who was violently beaten while handcuffed in a prison infirmary last year.
Brooks, 43, was beaten by multiple officers inside the Marcy Correctional Facility in central New York on Dec. 9 and died at a hospital the next day. The attack was unintentionally captured on body-worn cameras, which showed officers punching, kicking, and choking Brooks.
The incident sparked public outrage, prompting community protests and calls for justice. Hochul later ordered prison reforms and the immediate dismissal of corrections employees involved in the beating.
Advocates have long called for reforms in the state's prison system, which the Correctional Association of New York — a watchdog organization — said has been plagued with "deeply rooted issues," including a culture of violence,contempt and neglect.
Earlier this month, the organization reported at least seven deaths of incarcerated people that occurred during the strike. Those cases include the death of 22-year-old Messiah Nantwi on March 1.
Nantwi died following a "reported use of force incident" at Mid-State Correctional Facility, which is located across the street from the Marcy Correctional Facility, according to the Correctional Association of New York. The incident, currently investigated by a special prosecutor, resulted in 15 security workers at the facility being placed on leave.
Contributing: Thao Nguyen, Paste BN; Casey Pritchard, Observer-Dispatch