BUFFALO, N.Y. (WKBW) — Corrections officers across New York are going on strike over what they claim are unsafe working conditions inside state prisons. As new updates become available, we will be posting them below.
Thursday, March 13 update
5 p.m. update
Prison strike locations across Western New York are emptying. Picket lines at Attica, Collins, Lakeview, Wende and Wyoming have been completely cleaned out or are in the process of doing so.
7 News reporter Derek Heid traveled to five different Western New York prisons to see how many people were still out picketing. You can watch his report below.
Wednesday, March 12 update
10:30 a.m. update
Governor Kathy Hochul has signed an executive order that bars anybody who participated in this corrections officer strike from being hired to a state job ever again.
On Monday, Hochul signed an executive order declaring a “disaster emergency, ordering into active service the New York National Guard to assist authorities in guaranteeing public property at various correctional facilities.”
Parts of that executive order read:
“Subdivision 4 of Section 50 of New York State Civil Service Law authorizes the disqualification of applicants for civil service employment who have previously been dismissed from public service for misconduct, or otherwise separated under circumstances demonstrating misconduct.”
“New York State is committed to the fair and merit-based hiring of public employees, and to ensuring that all individuals appointed to State Service uphold the law and their oath of public office. Individuals participating in illegal strikes have willfully violated the Taylor Law and an order of the Supreme Court of the State of New York by engaging in misconduct that undermines the public trust, demonstrates disregard for the law, disrupts public services, and is inconsistent with suitability for public service roles.”
“It is therefore necessary to establish a State policy barring the hiring of individuals participating in this illegal and unlawful strike and recommending their separation from State service be reported as a removal for cause, consistent with State law and applicable regulations.”
You can read the executive order in its entirety below:
Tuesday, March 11 update
5:30 p.m. update
Well over 100 people packed the Erie County Courthouse, all waiting on Judge Dennis Ward for an update on New York State’s civil case against the corrections officers still on strike.
Here are some of the important updates from Tuesday’s court date:
- NYSCOPBA’s lawyer said that in their assessment, 77% of the workforce has returned to the job
- Due to the amount of people returning to the job, New York State views the strike as completely over.
- All of the Correction Officers in attendance disagree with this, a number of them audibly laughed when the state’s attorney said the strike had ended.
- Now that the strike is “over,” the State is no longer seeking incarceration as a penalty for contempt of court violations. Instead, the State is only seeking fines as a penalty.
- The list of people that the state is actively pursuing contempt of court charges against has shrunk to just 61 people, as the other people previously listed have already returned to work and thus been removed from the case.
- According to the State, 10 of those people still listed are claiming they were absent from work for pre-approved leave.
- Attorney for some of the listed COs Ralph Lorigo argued that the following State’s actions were illegal: striking officers’ healthcare being taken away, people being forced back to work or held in contempt despite being out on approved leave and more.
- Judge Ward argued that those points are important, but he isn’t able to rule upon them during this special proceeding, and NSYCOPBA already filed lawsuits about these exact topics in Albany.
- New York State holds that the healthcare was taken away because per the COs union agreement, they are deemed no longer employed after 10 days AWOL. Therefore, they don’t provide insurance to people they don’t employ.
- Next meeting will be held virtually on Thursday, March 20th at 4 p.m. The court is setting up way for media to listen in.
You can watch our full report below.
Monday, March 10 update
6 p.m. update
The wildcat strike by corrections officers across New York State that began on February 17 is now over, according to the NYS Department of Corrections and Community Supervision (DOCCS).
"The strike is over," DOCCS Commissioner Daniel Martuscello said Monday. "After 22 days of an illegal strike, the governor and I are happy to report it has now ended."
According to Martuscello, over 5,000 corrections officers and sergeants have been welcomed back to work, including over 1,200 who returned to work on Monday.
The over 2,000 people who remained on strike and did not return to work on Monday have received termination letters.
"Officers and sergeants who did not have pre-approved medical leave and who did not return by this morning 6:45 a.m. deadline have been terminated effective immediately," Martuscello said.
The commissioner said there are over 10,000 security staff working or available to work in prisons across the state.
"We're going to move forward with this team after four different agreements and numerous communications outlining the potential consequences associated with this illegal strike," he said.
You can read more here and watch our full report below.
Saturday, March 8 update
8:00 p.m. update
The Department of Corrections, NYSCOPBA and the Office of Employee Relations have reached an agreement that "will return staff to work on March 10 at 6:45 a.m."
This agreement would suspend parts of the HALT Act, take steps to screen inmate mail more thoroughly and more.
You can read the full agreement below.
Since this is an unsanctioned 'wildcat' strike, the corrections officers still on strike will be choosing on their own whether or not to return to work. DOCCS says the agreement will take effect when at least 85% of staff are back:
"DOCCS is confirming that the parties have reached a mutual agreement that will return staff to work on Monday, March 10th at 6:45 am. The agreement will take effect upon at least 85 percent of staff returning to work. No strike penalties have been waived in the agreement. A copy of the agreement will be available on the Department’s website at doccs.ny.gov [doccs.ny.gov]."
3:00 p.m. update
7 News reporter Derek Heid obtained a memo from NYSCOPBA saying talks between the state and union have broken down hours after restarting Thursday night.
The memo says the union provided a combination of the consent award, which the union and state agreed upon last week, and several terms from Thursday night's agreement between the state and the officers on strike, not involving the union.
The union tells Heid the negotiations ended because the state refused to ensure health insurance coverage would be made back to the first day on strike for those who had their insurance terminated.
The union says unless the state returns with a reasonable offer, it's telling officers to return to their facility while it files a number of lawsuits against the Department of Corrections. We reached out to DOCCS and asked about discussion breakdowns, but haven't heard back.
Friday, March 7 update
6:30 p.m. update
A NYSCOPBA spokesman told 7 News reporter Derek Heid that the leadership of NYSCOPBA has offered a new deal to New York State in hopes of convincing corrections officers to return to work.
We’re told NYSCOPBA took parts of the original mediation award from last week (the deal between NYSCOPBA and New York State) and parts of the memorandum that came out Thursday night (the deal between officers on strike and New York State) and sent a new offer to Governor Kathy Hochul’s office.
In a memo to its members, NYSCOPBA said it is going back to the negotiating table with the state beginning Friday at 8 p.m.
3 p.m. update
Dozens of Corrections Officers at Attica Correctional Facility were seen returning to work together.
7 News reporter Derek Heid was at the prison as multiple officers crossed the picket line. Those still refusing to return to work could be heard trying to convince their co-workers to change their minds. You can watch our full report below.
Thursday, March 6 update
9:30 p.m. update
According to DOCCS, NYSCOPBA refused to sign an MOU on Thursday, but a deal is being offered directly to striking officers who return to work on Friday, March 7. You can read more here and watch the press conference where the terms of the deal were announced below.
4 p.m. update
A NYSCOPBA spokesperson released the following statement on Thursday afternoon:
"Today, multiple media outlets reported about a potential negotiated deal between DOCCS and NYSCOPBA members who continue to strike.
Yesterday, in our press conference, we stated that there were outside parties interjecting themselves into negotiations on behalf of our members at selected facilities who continue to refuse to go to work. Many concessions that are being reportedly agreed upon, are already included in the mediator’s consent award that NYSCOPBA leaders negotiated with DOCCS and the State of New York last week.
NYSCOPBA was not appropriately engaged in the development of the currently circulating agreement. This agreement was not negotiated with NYSCOPBA—the legally recognized entity through which all negotiations must be conducted. There are substantial legal issues that must be addressed, and as presented, this agreement does not represent the best interests of our membership.
At this time, NYSCOPBA will not be signing this agreement. However, we are actively working to engage DOCCS and New York State in reopening the Consent Award process with the mediator. This approach would ensure that any resulting Consent Award is legally binding in court."
You can watch our full report below.
Noon update
7 News reporter Derek Heid obtained a four-page document sent by DOCCS directly to the officers still out on the strike line. This did not go through the NYSCOPBA union.
That document, which you can read in its entirety below, appears to have made edits to the original mediation agreement that had been settled on between NYSCOPBA and DOCCS.
A corrections officer told 7 News reporter Derek Heid that the four-page document was then shrunk down to a single page, which you can also read below. That was then voted on a prison-by-prison basis on whether or not to go back to work.
Several corrections officers at Attica Correctional have reported back to the job, and the strike lines outside of the prison have shrunk to just a few dozen people.
One of the corrections officers still outside of the prison told 7 News reporter Derek Heid that all of the prisons still on strike are voting on a prison-by-prison basis whether or not to go back to work.
That officer said that the vote at Attica went about 50/50, with about 100 people deciding on their own to return to work regardless of what the group had collectively chosen. That officer also noted that several people still have not made their decision yet.
According to that same officer, several other Western New York prisons had voted to continue striking.
Wednesday, March 5 update
5 p.m. update
A seven-page bill has been introduced in both the New York State Senate and Assembly, and to one of the bill’s sponsors, State Senator George Borrello, its purpose is very simple.
“This bill would simply repeal HALT," Borello said. "I’m not going to try and fix their bad legislation to be quite honest with you."
The HALT Act limits solitary confinement (Special Housing) usage in prisons.
The bill is written and supported by a number of Republican lawmakers, but there is some bipartisan support; two democratic assemblymen are listed as co-sponsors.
Borrello told 7 News reporter Derek Heid that he doesn’t believe he can convince his democratic colleagues across the aisle.
“I would say that there is little chance that our bill will be brought up for discussion and debate because of the unfair and quite frankly corrupt way things are run here in Albany,” Borrello said.
However, he does hope to convince the governor.
“She can take our bill and turn that into an executive action, which I strongly urge her to do,” Borrello said.
You can watch our full report below.
4 p.m. update
7 News has obtained an internal memo that was sent by NYSCOPBA to all members of the union which says in part, “NYSCOPBA remains fully engaged with DOCCS to fight for the demands of our members, despite the formal mediation process having concluded.”
The memo also says that individuals unaffiliated with NYSCOPBA have attempted to negotiate behind the scenes and have made requests that are "neither legally obtainable nor permissible," which is weakening its efforts.
“Despite the best intentions of all involved including even those operating outside of NYSCOPBA— there is a consensus that no real progress can be made until members begin returning to work, including the implementation of changes obtained in the consent award and other proposed lists of demands," the memo says.
You can read the full memo below:
Tuesday, March 4 update
6:30 p.m. update
Governor Kathy Hochul was asked about her response to the corrections officers protesting in Albany.
“All the screaming and yelling here will have no effect on me," Hochul said. "I know what I have to do. And I believe, I know they should be getting back to work. People can be as noisy as they want, and politicize this, and do whatever they want. But this is not making our state safer.”
For two weeks, Hochul has stood firm in her support of these COs during their struggles.
“I don't like them having to work longer shifts, the 24-hour shifts," Hochul said. "That's a lot on their families and I get that. But there is no justification to break the law in the State of New York.”
However, based on the signs at all of the strike locations, that support has not been felt.
The governor was also asked if she has visited any prisons during these protests:
Gov. Hochul: “I have visited prisons.”
Q: “Since the strike started?”
Gov. Hochul: “I've been a little busy trying to get people back to work. But I've had my Commissioner of DOCCS and Jackie Bray, Commissioner of Emergency Services. They are on helicopters all day long and flying into the night to go visit people for days now. They have been sitting down with corrections officers, listening to them.”
You can watch our full report below.
11 a.m. update
Corrections officers from across the state gathered outside the New York State Capitol Building in Albany on Tuesday to call for action from the legislature and the Hochul administration.
Monday, March 3 update
5:30 p.m. update
Some corrections officers on pre-approved medical leave say they're being ordered to return to work or face possible termination and loss of health benefits. 7 News senior reporter Maki Becker spoke with one of these corrections officers.
12 p.m. update
New York state is terminating health insurance for absent without leave corrections officers and their dependents. State leaders say "only a handful, less than ten COs" have been terminated.
State leaders say New York is poised to spend $106 million per month in response to the ongoing corrections officers strike. Already, they say this strike has cost the state $25 million, with nearly three dozen prisons still operating with striking workers.
Saturday, March 1 update
8:30 p.m. update
7 News reporter Derek Heid asked DOCCS about the information within messages sent to officers who are continuing to strike.
A spokesperson said:
"We have sent out multiple calls to ensure that staff have a clear understanding of the implications of continuing to participate in this illegal strike."
7:30 p.m. update
Corrections officers continuing to strike tell 7 News reporter Derek Heid they have received more phone calls and text messages from the New York State Office of Employee Relations.
These messages give exact dates to when these officers on strike will receive a health insurance termination notice and a termination of employment notice. These messages also say DOCCS will seek "contempt sanctions, including fines and imprisonment."
You can read the full message below.
4 p.m. update
Martin Scheinman of Scheinman Arbitration and Mediation Services was the mediator of the deal between New York State and NYSCOPBA, which was offered to the corrections officers on the picket line in hopes of convincing them to return to work.
Scheinman responded to Michael H. Sussman's letter from Friday, which had requested additional measures for officers to return to work.
It says in part, "Some of what you have written I find inaccurate, which concerns me at such a critical time in the midst of an ongoing strike, which affects thousands of employees."
You can read the full response below:
10 a.m. update
DOCCS issued a statement with a message from DOCCS Commissioner Daniel F. Martuscello III. It includes a summary of their consent award and penalties for not returning to work Saturday.
Thursday, February 27 update
7 p.m. update
7 News has obtained a better sent by Michael H. Sussman, of Sussman and Associates, to independent mediator Martin Scheinman, of Scheinman Arbitration and Mediation Services, which says in part: "in a further effort to reconcile the parties, I write to you after having conferred with more than 100 members representing every state facility who have reviewed and considered the Consent Agreement/Order you circulated."
The letter then goes on to list requests and issues submitted by officers. You can read the full letter below.
5 p.m. update
7 News Reporter Derek Heid spent the day on the picket lines outside of Attica, Wyoming and Wende Correctional Facilities.
When he asked multiple current and former corrections officers if they felt this mediated offer from New York State would be enough to convince them to go back to work, the response was a resounding "No."
“The general consensus was that it was an insult, a slap in the face,” former Wende corrections officer Taylor Roberts said. “The changes to the HALT Act that are offered are listed as temporary. As soon as these men and women go back in, get control of the prison population, and get things going back to normal, it’s going to go right back the way that it is now.”
“When I look at their faces, they are all unhappy,” former Attica corrections officer Anthony Mackiewicz said.
“I think this membership feels insulted by this deal,” former Wyoming corrections officer John Perry said. “If you 'voluntarily' work 832 hours a year of overtime, we will try not to mandate you for more overtime, but if you don’t work 832 hours a year, we are going to mandate you to work the 832 hours a year, what kind of a deal is that."
Corrections officers that 7 News reporter Michael Schwartz spoke to on Friday all had the same sentiment: they’re not leaving the picket line.
“The whole deal is garbage,” said Ron Sayger, a retired corrections officer who worked at Gowanda Correctional. “I think Governor Hochul should change the spelling of her last name, the first letter from an H to a J, because she is a joke."
“I would like these elected officials to put on a blue shirt, go walk around one maximum security jail for 10 minutes,” said Tim Whelar, who also retired from Gowanada. “I bet you they'd be running right out that front door.”
You can watch our full report below.
11 p.m. update
After four days of mediation, the New York State Department of Corrections (DOCCS) and the New York State Correctional Officers and Police Benevolent Association (NYSCOPBA) have reached an agreement that the parties hope will be a step toward ending the strike at prisons across the state.
The proposal, announced Thursday night, is now in the hands of corrections officers to consider and review.
According to a memo from NYSCOPBA sent to corrections officers Thursday night obtained by 7 News, NYSCOPBA says that the proposal is "an individual choice for each and every one of you," adding, "we strongly encourage you to end the strike and return to work."
Highlights of the proposal include:
- Any employee who returns to duty by the deadline in the agreement will not receive a departmental notice of discipline for alleged participation in the strike
- HALT-related programming will continue to be suspended for 90 days from the date of the agreement
- The National Guard will continue to be used to stabilize facility staffing levels while employees return to work and will be used to help prevent excessive overtime
- DOCCS will implement an agreed-upon staffing metric so that when staffing levels go below a certain threshold, HALT-related programming will cease for the day in question
Thursday marked the 11th day of protests by hundreds of New York State corrections officers at prisons across the state over what they claim are unsafe working conditions. The strike is considered illegal because it is unsanctioned and not approved by the union.
5 p.m. update
NYS Senator Julia Salazar, who first sponsored the HALT Act at the center of the prison strike, presented another prison reform bill to the New York State Legislature in late January.
The “Rights Behind Bars Act” is a 14-page bill that aims to give more rights to inmates.
The bill includes things like providing inmates proper seasonal clothing, banning the use of steel batons, banning drug sniffing dogs from entering visitation rooms and much more.
“Sounds like they’re doubling down, and these officers out here, these sergeants out here, they are also doubling down because they are all getting different jobs,” former NYS Corrections Officer Chuck Johnson said.
“I think these politicians shouldn’t be politicians, because they’re not working for the people, they are supposed to work for the people and they’re not,” former NYS Corrections Officer Richard Schlenker said.
Salazar had already presented this exact bill to the legislature with a few minor differences two years ago. It failed to make it out of committee meetings and was never voted on.
You can watch our full report below.
1 p.m. update
NYS DOCCS issued the following statement:
"As the illegal strike enters its 11th day, we want to take this opportunity to acknowledge the dedication and resilience of our staff who continue to report for work, as well as the invaluable support provided by the National Guard. Their efforts have been essential in maintaining the safety and security of our correctional facilities and the surrounding communities.
Today marks the fourth day of mediation, and all parties remain committed to finding a path toward a fair and timely resolution to this illegal job action. The confidential talks have been constructive and we remain hopeful that continued dialogue will bring this situation to a close in a way that ensures the stability of the state’s prisons and safety of everyone involved."
9:45 a.m. update
NYSCOPBA says it's expecting the state to issue a formal offer. The union sent out the following statement Thursday morning:
"Day three of mediation concluded at midnight last night. The leadership of NYSCOPBA is meeting with the State late this morning. It is expected that the State will have a formal offer to the demands of those who have refused to work during the labor dispute. I don’t have any information on any concessions or what demands will be met.
If that occurs today, then the offer will be presented to those members still refusing to work."
Wednesday, February 26 update
3 p.m. update
Multiple corrections officers and their family members have sent 7 News reporter Derek Heid a copy of this internal email concerning the Family and Medical Leave Act (FMLA).
According to the United States Department of Labor, FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.
The email says, “Staff who are calling in FMLA should be ordered in just like everyone else. If they refuse the order to report for duty, they should be made AWOL as well for participating in the job action.”
Text messages sent by the state to those officers said, “AWOL employees will be docked pay, jeopardize their health insurance, risk termination, be subject to strike penalties, and risk further civil and criminal penalties.”
According to the United States Department of Labor, “Your employer is prohibited from interfering with, restraining, or denying the exercise of FMLA rights, retaliating against you for filing a complaint and cooperating with the Wage and Hour Division (WHD), or bringing private action to court. You should contact the WHDimmediately if your employer retaliates against you for engaging in any of the legally protected activities. For additional information, call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4-USWAGE (1-866-487-9243).”
7 News asked DOCCS about this email:
“Because of the illegal walkout from correction officers, we are being forced to call people back to ensure we have the necessary staff to keep our facilities safe and secure. While we cannot comment on specific employees' medical or leave circumstances, the Department will review any potential concerns on a case-by-case basis.”
You can watch our full report below.
11 a.m. update
On Wednesday morning NYSCOPBA issued the following statement regarding mediation:
"Day 2 of mediation concluded last night at approximately 9pm and the discussions continued with the State and DOCCS on the main concerns of those members still engaged in the labor dispute. There was progress made on several issues, but nothing significant to report at this time. Third day of mediation begins at 1pm today."
10 a.m. update
Following the conclusion of the second day of negotiations between the State of New York and the New York State Correctional Officers & Police Benevolent Association (NYSCOPBA), 7 News reporter Derek Heid was given an update on that meeting from the mediator, Martin F. Scheinman:
“After the second day of Mediation, the parties have continued to have constructive dialogue regarding the issues faced by the NYSCOPBA membership and the concerns raised by the State of New York. The issues that have been brought forward by NYSCOPBA: potential changes to HALT, excessive mandatory overtime, insufficient staffing levels, recruitment and retention, violence and safety in the facilities, legal mail, no discipline for NYSCOPBA membership, issues related to pre-approved leave, and other issues which cannot be directly negotiated at the table. The State, in addition to expressing the need for staff to immediately return to work, has engaged on these issues with the Union and recognizes that the parties must address the mandatory overtime faced by correction officers.
We are making progress in these discussions. However, much more work needs to be done. I have strongly encouraged the parties to continue to argue their issues at the Mediation table and to put forth their best efforts to resolve the strike.”
We are told that the third day of mediation meetings will begin Wednesday at 1 p.m.
9 a.m. update
7 News reporter Derek Heid has been told that corrections officers are now being texted by the state informing them of the consequences of continuing to strike.
Here is a screenshot sent by a corrections officer on strike
Wednesday marks the tenth day that workers have been on the picket lines.
Tuesday, February 25 update
7 p.m. update
Nearly a week and a half into the strike, Governor Kathy Hochul seems confused about what the striking officers want.
“We want to find out what the issue is, because the individuals who walked out in an unsanctioned strike, unapproved by the union, have yet to tell us the issues,” Hochul said earlier Tuesday.
Many of the current and former workers 7 News reporter Derek Heid spoke to outside of Attica Correctional on Tuesday said they were stunned to hear that.
Q: “What is your reaction to what the Governor said?”
Former NYS Corrections Officer, Larry Lewis: “Do you really want to know what they want? Have you sent any personnel down here to inquire about what they want? I think it’s pretty crystal clear what’s wanted, and I’m retired, I’ve been retired for 8 years…These working conditions put them in a very harmful and dangerous situations and circumstances.”
You can watch our full report below.
12 p.m. update
Governor Kathy Hochul addressed the ongoing strike during a news conference Tuesday. She said the "illegal actions taken by a number of individuals is putting the entire state at risk."
You can watch the governor's full remarks in the video directly below.
7 News reporter Derek Heid was told the union is hoping to negotiate a deal that would convince members to go back to work.
Otherwise, the attorneys representing the state said in court Tuesday that if those mediation talks break down, Governor Kathy Hochul may call to charge the workers continuing to strike with breaking the Taylor Law and ignoring a judge’s order to stop the strike.
Already, more than 300 COs have been listed in this ongoing court case.
“The proceedings have started. I think we have 380 people on the first list through the attorney general’s office. They are being served by state police as we speak,” Hochul said.
We're told those mediation meetings are scheduled for Tuesday and Wednesday and will go through the night if they have to.
9 a.m. update
NYSCOPBA shared an update on the mediation meetings that began Monday. The union sent the following statement to 7 News:
"Day 1 of mediation concluded late yesterday afternoon and there were extensive discussions with the State and DOCCS on the need for operational changes, including immediately suspending certain provisions of HALT during the staffing crisis, potential legislative changes to permanently change HALT, elimination of triple shifts, legal mail scanning, no departmental discipline for members considered AWOL, increased recruitment efforts and incentives to bolster staffing."
Monday, February 24 update
8 p.m. update
NYS DOCCS said inmates are being transferred out of Collins Correctional Facility due to staffing shortages caused by the strikes. You can read the full statement below.
"The ongoing illegal actions of certain COs who refuse to show up to work are putting the safety and well-being of New Yorkers at risk. Due to staffing shortages caused by these illegal actions, the Department is in the process of transferring incarcerated individuals from Collins Correctional Facility to other prisons to ensure appropriate use of staff resources."
6 p.m. update
New York State police are investigating vandalism involving two buses used to transport incarcerated individuals who are in the custody of DOCCS.
According to police, the rear of one of the buses sustained heavy fire damage and a second bus had the message “can you hear us now” spray painted on one side.
Police said the buses are owned by a company contracted by DOCCS. They were parked in a storage lot on State Route 370 in the Town of Victory.
Anyone with information is asked to call NYS Police Troop E at 585-398-4100.
Saturday, February 22 update
10 p.m. update
A New York State Department of Corrections and Community Supervision spokesperson told 7 News reporter Derek Heid that workers currently on strike would receive their state-sponsored health insurance back once they return to their roles within DOCCS.
"The restoration of an employee’s insurance is directly tied to the employee’s return to work and being in full pay status."
8 p.m. update
The New York State Department of Corrections and Community Supervision told 7 News reporter Derek Heid that the state has begun penalizing the corrections workers on strike.
The state said that those workers are being docked pay for every day on strike, will face administrative penalties for violating the state’s Taylor Law and a judge’s temporary restraining order and now, their state-sponsored health insurance will be terminated.
“COs continuing to take part in this illegal job action are violating the law. They will be considered absent without leave (AWOL) and are being docked pay for every day on strike. Also, as a result of their status, the state will terminate their state sponsored health insurance. In addition, those participating in the illegal job action will face administrative penalties along with Department discipline for violating the State’s Taylor Law and a judge’s temporary restraining order.”
The state also mentioned that the memo sent out to the workers on strike Thursday did result in “several” officers returning to their posts:
“[Saturday] is the sixth day where correction officers (CO) have illegally walked off the job, risking the safety and security of our correctional facilities. This action is undermining the safety of COs currently on the job, the incarcerated population, and the dozens of communities where prisons are located.
Commissioner Martuscello’s memo from earlier this week outlined that those continuing to work in facilities would receive a temporary increased overtime pay rate. It also provided immunity from discipline for those walking off the picket line and returning to work, resulting in several officers returning to duty. In addition, the mediation process between DOCCS and NYSCOPBA on safety and recruitment — led by NYSCOPBA’s preferred mediator — began on Friday and that process is ongoing.”
7 News reporter Derek Heid did reach out to NYSCOPBA for comment, but he was told they are "reserving comment" for now.
Friday, February 21 update
5:30 p.m. update
We spoke with a former corrections officer about how he feels about Independent mediator Martin Scheinman, of Scheinman Arbitration and Mediation Services, being retained to bring an end to the strike.
Q: “Do you have any worries about the mediator?”
Former NYS Correction Officer, Mike Knowles: “Well he’s bought and paid for by Albany, we know that.”
Scheinman has donated more than $400,000 to both Republican and Democrat lawmakers over the past 20 years, although a majority to Democrats, including a $1,000 donation to Kathy Hochul when she was Lieutenant Governor.
We did get a chance to speak with Scheinman. We asked him if he was concerned about any conflict of interest. He said he was first contacted by the NYSCOPBA union to mediate these negotiations, not the state.
Regardless of the union requesting his services first, he also said he has no worries about a conflict of interest. He said he’s made donations for decades and has never once had his neutrality questioned over the course of the thousands of cases his company has worked on.
1:30 p.m. update
The date of the first mediation meeting has been moved up to Monday. 7 News Reporter Derek Heid is told that this is due to the urgency of the situation.
I just spoke with Martin Scheinman, the mediator of the negotiations between New York State and the Corrections Workers on strike.I’m told due to the urgency of the situation, the days of mediation have been moved up to begin on Monday, February 24. @WKBW pic.twitter.com/VfrjRny0pG
— Derek Heid (@DerekHeid) February 21, 2025
Thursday, February 20 update
5 p.m. update
NYSCOPBA issued a statement on Thursday evening which said in part:
"We have been continuing to advocate with the State on your behalf regarding working conditions in our prisons. We have made our concerns and our demands for improvements very clear.
Today, DOCCS, in conjunction with Governor Hochul’s office, announced the following changes to DOCCS operations: (1) provisions of HALT will be suspended indefinitely due to the staffing crisis (NYSCOPBA will use mediation to help identify the most problematic provisions to be targeted first); (2) the National Guard will maintain its presence in all facilities indefinitely to ensure safety and staffing levels (which will allow staff to have a better work/life balance); (3) 2.5 OT for all OT worked by staff, including those who come back to work, for a minimum of 30 days (we are working to extend this further); (4) DOCCS will rescind the “70/30” memo; (5) those staff members who return to work by 11:59 pm today will not receive NODs for alleged participation in the strike (this does not include 2-for-1 fines, which we will address in mediation); and (6) the State will participate in mediation with NYSCOPBA to discuss and resolve outstanding issues facing our membership.
Although this does not address all our membership’s needs and concerns, we believe that this is a first step towards the operational changes that need to be made."
4 p.m. update
Independent mediator Martin Scheinman released a statement which said in part:
"I have determined it is in the parties’ best interests to set an aggressive mediation schedule to discuss numerous outstanding issues fueling the strike. The parties will conduct an introductory informational session this week via Zoom to present an overview of initial positions and issues. Three days of mediation shall be conducted on February 25, 26, and 27, 2025. Additional days shall be scheduled as needed."
Scheinman said the following mediation teams will attend:
NYSCOPBA:
(1) President Chris Summers
(2) Executive Vice President Matt Keough
(3) William P. Golderman (counsel)
(4) Gregory T. Myers (counsel)
(5) Keith R. Jacques (counsel)
The State of New York:
(1) Office of Employee Relations Director Michael Volforte
(2) DOCCS Commissioner Daniel Martuscello
2 p.m. update
NYS DOCCS issued a memo on a "Path to Restoring Workforce" as corrections officers continue to strike across the state.
According to the memo, the department will suspend "the elements of HALT that cannot safely be operationalized under a prison wide state of emergency until we can safely operate the prisons."
DOCCS Commissioner Daniel F. Martuscello III says in part that DOCCS will continue to work with NYSCOPBA (the union representing the officers), that the safety and security of the staff and incarcerated population is paramount to him and he urged all those on strike to return to the facilities on Thursday.
You can read more, including the full memo, here.
10 a.m. update
DOCCS says visitation has been canceled until further notice at all facilities statewide.
Wednesday, February 19 update
Officers at about 30 correctional facilities across the state are now participating in a protest or refusing to enter the facility for their scheduled shift.
Governor Kathy Hochul signed an executive order activating members of the National Guard "to help ensure the safety and security of New York State's correctional facilities" while the strike continues.
The governor's office says more than 3,500 members of the National Guard started reporting for duty at correctional facilities ahead of the larger deployment.
The executive order also allows for additional overtime compensation for correction officers and other staff who are reporting for duty and actively working at the facilities.
Governor Hochul also directed the Department of Corrections and Community Supervision and the Office of Employee Relations to retain independent mediator Martin Scheinman to help bring an end to the strike.
In addition, New York State filed an injunction under the Taylor Law and a judge granted a temporary restraining order that mandates officers end the strike.
Tuesday, February 18 update
The strike expanded to at least nine prisons across the state.
A NYSCOPBA leader said he traveled to Albany to speak about the situation with state lawmakers.
The New York State Department of Corrections and Community Supervision issued a response to the list of demands the corrections officers were making.
Governor Kathy Hochul said the state was prepared to deploy the National Guard if the strikes did not end by Wednesday.
The state said the decision to potentially deploy the National Guard was to "protect correction officers who are currently on the job, individuals in DOCCS care and the communities surrounding these correctional facilities."
In addition, the state called on DOCCS Commissioner Daniel Martuscello and senior officials to meet with leaders from NYSCOPBA to call for an end to the strike.
We spoke with the families and supporters of the striking officers on Tuesday, who were raising their voices in frustration over unsafe conditions. You can watch our report below and read more here.
Monday, February 17 update
Corrections officers are going on strike, claiming unsafe working conditions. Strkes are underway at Collins and Elmira Correctional Facilities. The New York State Correctional Officers and Police Benevolent Association said they do not sanction them.
NYSCOPBA later issued the following statement:
"NYSCOPBA is keenly aware of the current situation at both Collins and Elmira Correctional Facilities. The staff that have gathered outside of both facilities, and who refused to enter the facility for their respective shifts, was not in any way sanctioned by NYSCOPBA.
At both facilities, staff chose to not enter for their work shifts as a result of their discontentment with current working conditions.
NYSCOPBA will continue to monitor both situations and all inquiries on current staffing levels at both facilities should be directed to DOCCS.
As the situation evolves, we will keep you updated as best as possible."
The New York State Department of Corrections and Community Supervision (DOCCS) followed up with this response:
“Since Commissioner Martuscello took office, the State negotiated a new labor agreement with NYSCOPBA that includes yearly salary increases, increases in location pay, and paid parental leave. We have also instituted new policies and procedures to reduce the amount of contraband entering our facilities to increase the safety of all within our facilities. We value our employees and are dedicated to continuing the recruiting efforts to increase security staffing in all DOCCS correctional facilities to restore the important work life balance for all.
“The job actions initiated by some rogue NYSCOPBA members, at Collins and Elmira Correctional Facilities this morning are illegal and unlawful. We are committed to engaging the union in order to return staff to work and resume normal operations at the two facilities.
“Visitation at both facilities have been cancelled until further notice.”
The strikes come following a three-day lockdown at Collins Correctional Facility that ended Saturday after all inmates were frisked and more than 20 weapons were recovered.
