BUFFALO, N.Y. — For roughly six decades, New York public employee unions have collectively bargained with the state under the Taylor Law, which among other things created the Public Employment Relations Board to settle disputes and prohibited those employees from striking.

Attorney John Elmore said the law is meant to ensure vital jobs and services are always in place.

"When it comes to school teachers, transit authority workers, police officers, those are essential public employees that are needed for all the constituents in the state of New York, all of the residents in the state of New York and when you take those jobs, you have a higher responsibility than when you work in the public sector," Elmore said.

This week, correction officers throughout the state began violating the law. On Wednesday, a judge in Buffalo issued a temporary restraining order. 

Political analyst Jack O'Donnell said it begins the process by which the state could impose penalties.

"It starts sanctions,” he said. “It starts some requirements for them to get back to work, which, in theory, raises your bargaining position as you’re negotiating.”

In the most extreme case, the state could begin arresting officers for violating a court order. O'Donnell doesn't think that is likely or politically expedient for Gov. Kathy Hochul.

"I would be surprised if individual officers are arrested,” he said. “That would be a difficult step to take and really kind of escalates this. I also think it’s difficult with the number of correction officers who are participating in this.” 

However, Elmore said New York has other options. Although the New York State Correctional Officers & Police Benevolent Association has not authorized the strike, the attorney said that does not necessarily absolve it.

"The union representing the corrections officers has to affirmatively take steps to prevent the strike, and if they don't, then the union can be responsible as well," Elmore said.

He pointed to a 2005 New York City transit strike when the state began fining the union $1 million every day.

"There's also automatically in the statute something that says if those union members don't return to work, for every day that they're on strike they could lose two days' pay," Elmore said. 

O'Donnell said the governor is in a difficult position as the COs have strong support from Republican lawmakers and many of the community members where the prisons are located. However, for instance, he said many downstate Democrats strongly support the HALT Act, one of the points of contention, and would likely fight any attempt by the governor to unilaterally suspend the law which limits solitary confinement.

At the same time, Elmore said Hochul does have a responsibility to protect the health and safety of incarcerated people and the surrounding communities threatened by the strikes.