Correction officers at least 25 prisons in upstate New York have taken "illegal job action," the state Department of Corrections and Community Supervision said, as protests formed Tuesday at facilities throughout the state. Gov. Kathy Hochul released a statement saying she had ordered the mobilization of the New York Army National Guard to the facilities if the strike does not end Wednesday.

“The illegal and unlawful actions being taken by a number of correction officers must end immediately," Hochul said. "We will not allow these individuals to jeopardize the safety of their colleagues, incarcerated people, and the residents of communities surrounding our correctional facilities.”

Spectrum News confirmed at several of those locations that some officers were on an unsanctioned strike. The strikes began Monday at three prisons — Collins Correctional in Erie County, Elmira Correctional in Chemung County and Groveland Correctional Facility in Livingston County — with correction officers refusing to enter the facilities due to working conditions, according to a New York State Correctional Officers and Police Benevolent Association (NYSCOPBA) spokesperson.

As of Tuesday, Spectrum News confirmed protests at more than a dozen prisons. It was not clear if correctional officers gathered there were refusing to go to work or only protesting.

The strikes are not sanctioned by NYSCOPBA, as the state’s Taylor Law prohibits public employees from striking. The law states that those who do strike will have two days' worth of pay deducted from their salary for every day they’re on the picket line.

The strike comes after an incident at Collins Correctional last week that led to three reported minor injuries to staff members and the prison going into lockdown.

“That was just a tipping point out here,” said Pamela Welch, executive treasurer of NYSCOPBA. “We’ve had, upstate has had, multiple exposures, repeated exposures, all across the state. Midstate’s had them. Marcy’s had them. It’s not isolated out west. This is statewide and the state’s been ignoring it.”

While the union cannot condone the strikes, Welch says they are “understandable.” A union representative says correctional workers across the state are frustrated with being mandated to work 24-hour shifts, while being disciplined and even fined if they refuse.

“This is a big enough problem as it is,” said Welch. “As far as the members, they’ve had enough. They don’t care if it’s going to cost them their job. They don’t care. They’re tired of going into work every single day, being unsafe and being treated worse than the inmates and they’ve reached their boiling point.”

The state Department of Corrections and Community Supervision (DOCCS) released a statement Monday, saying:

"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."

There are many reasons for the shortage of correctional officers being seen across the state, including struggles with recruitment efforts. 

A list of separate demands has been created for most of these facilities and the union is working on consolidating those into one list to send to Gov. Kathy Hochul’s office.

A union representative confirmed the following is the list of demands by officers at Collins Correctional:

1. Reversal of HALT Act, enabling meaningful and disciplinary actions

2. No 70% staffing reduction/reassignments

3. Grandfather of Tier 5 & Tier 6 to Tier 3

4. True secure vendor program

5. Incoming mail to be photocopied or scanned through JPay email

6. Mandated body-scans for visitors

7. Fulfillment of previously promised Geography Pay

8. Timeliness of Staff Disciplinary Actions - Lockout notice within 3 days of alleged incident, will receive wages if not resolved within 30 days

9. Pay Grade increased to a 17 for security and 20 for Sergeants

10. Facility Superintendents provided the right to individually determine facility lockdowns and program closures based on immediate necessity of their given facility, without repercussions

11. Representation from security staff in Albany, separate from Collective Bargaining Union

12. No discipline/pay reduction for protesters

13. Consideration of additional staffing solutions:

• Pilot program to incentivize new employees through 20-year retirement; to run April 2025-April 2028; to then be gradually granted to all security staff by April 2030
• Incentive Hiring Bonus of $5,000 to new employees, granted at one year anniversary
• 2.5 times pay for involuntary OT and voluntary RDO OT on Fridays, Saturdays, Sundays
• 2 times pay for involuntary OT and voluntary RDO OT Monday through Thursday
• No OT mandates over 16 hours
• Step Raises adjusted to top rate at 15 years
• Retention benefit of 25-year retirement lock, guaranteeing security families to receive full retirement after 25 years of services

The governor’s office referred questions to DOCCS, which in a statement, responded to the demands listed by Collins officers and said that they "would require changing laws and violating their own collective bargaining agreement." Notably, DOCCS said a reversal of the HALT Act "is not something that the governor nor the agency can do unilaterally, it is a law and would require legislation."

Having joined the picketers near Eastern Correctional Facility in Napanoch, Jason Waugh, who said he's a retired sergeant from the facility, said staffing issues and the HALT Act have made the facility "just not a good environment."

"The staffing crisis that’s going on is mandating people work 24-hour-plus shifts, which is very unsafe, very unhealthy," Waugh said. "They’re constantly exhausted. They’re not seeing their kids. They’re missing raising families."