The state on Tuesday began taking legal steps against the correction officers striking and protesting across New York while mediations between the state and workers continue as the labor standoff reaches day nine.

Both sides appeared in state Supreme Court in Erie County Tuesday to discuss the continued legal action and the temporary restraining order issued last week instructing the strikers go back to work after the state Attorney General's Office filed a petition against the New York State Correctional Officers & Police Benevolent Association (NYSCOPBA).

The attorney representing NYSCOPBA says he only represents the union collectively and not the more than 300 union members listed individually on the petition. They will have to find their own lawyers.

“Proceedings have started. I think we have 380 people on the first list through the attorney general’s office and they’re being served by State Police as we speak. This is a violation of law,” Gov. Kathy Hochul told reporters in Albany on Tuesday.

Her administration said that currently, nine out of 10 correction officers are on strike and the state Department of Corrections and Community Supervision (DOCCS) allege in their legal proceedings, filed in Erie County, that they are violating the state’s Taylor Law, which among other things created the Public Employment Relations Board to settle disputes and prohibited those employees from striking.

Discussion in court centered around notifying those workers of the state’s petition. Those workers will have until Friday, March 7, to respond once they’ve been given notice. The action includes those at various correctional facilities.

In court, state attorneys told the judge the goal is to get people back to work, but will enforce the court order if the governor's office directs them to.

It's also to the point where the striking workers are being docked pay for each day they’re on strike and are losing state-sponsored health insurance.

“If you are striking, you are [AWOL]. You no longer secure the right to have health benefits from the state. That goes away,” Hochul said.

The situation has prompted the state to begin looking at alternative holding centers and out-of-state prisons to transfer inmates to as these facilities remain understaffed. The state on Tuesday transferred several inmates out of Collins Correctional Facility, in Erie County, to other prisons.

“Let me be clear. The illegal actions being taken by a number of individuals is putting the entire state at risk. We need them back to work. This must end immediately,” Hochul said.

The governor also seemed exasperated over the demands the correction officers are making.

“We’ve tried hard to end this. I’ve had conversations with many many leaders but we need a good faith effort to resolve this, starting now. I’m prepared to do that,” she said. “I understand there’s a lot of frustration about the long hours. I’ve long stood with the correction officers of this state, more than I’m going to guess any other governor, and said these conditions are hard. I understand that. We need more of you on the job, I get that. But we have a situation right now that is absolutely untenable.”

Hochul said the state has “done everything we can to encourage them back to work,” by offering an amnesty period for returning to work with no penalties, repealing a staffing memo viewed as controversial and temporarily suspended part of the HALT Act, which primarily limits the use of solitary confinement.

“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.

While mediations continue, a challenging part of this ordeal appears to be the fact that the strikes are not supported by the workers’ union. Both sides remain hopeful the sessions, initiated by the governor’s office and scheduled through Thursday, will be successful. They will meet with the judge again next Monday via telephone, if not earlier, to see where the matter stands, depending on the outcome of the sessions.

“I get it. The hours and shifts are too long. But when they’re not represented by a union and I’m negotiating with a union, I’m asking the union what do they want?” Hochul said. “It can’t be pay and benefits because we literally just negotiated a very generous package less than a year ago.”

The impasse has been taken up at the state Capitol as well. On Monday, spouses and loved ones of correction officers met with state Senate Minority Leader Rob Ortt and Senate Republicans and described the toll that mandated overtime as a result of understaffing has taken on their families. Meanwhile, another group of protesters supporting the HALT Act stood outside a separate meeting of Assembly Republicans.