New York state Department of Corrections and Community Supervision (DOCCS) Commissioner Daniel Martuscello said he is directly delivering contents of an agreement to striking correction officers across the state Thursday evening that would be applied if they return to work for their shift beginning Friday morning, bypassing the union that represents the workers.

Martuscello and state Division of Homeland Security and Emergency Services Commissioner Jackie Bray outlined the terms Thursday evening, which included:

• Establishing a committee focused on safety dealing directly with the effects of the HALT Act
• Reinstating the health insurance effective immediately of those employees who had it terminated on the day of their return
• Allowing staff to continue working 12 hours until each facility has returned to normal operations where they can then return to eight-hour shifts
• Continuing 2.5-times hour overtime starting 30 days from the day employees return to work
• Expedite the reallocation process for both correction officer and sergeant to within two months, a process that usually takes almost 18.
• Not issuing any issues of discipline to any employee who returns to work Friday
• Confirmation that the DOCCS memo issued on Feb. 10 requesting a "comprehensive review" of security staffing with the goal to cut staff to 70% of current levels is rescinded

Martuscello said the department will take the necessary steps for all employees who return to work Friday to adjourn Taylor Law contempt proceedings against the individuals that have already been named. The state’s Taylor Law, among other things, prohibits state public employees from striking.

Eighteen days after prison workers walked off the job, these terms come a week after a consent agreement between DOCCS and the state Correction Officers and Police Benevolent Association (NYSCOPBA) failed to convince a number of prison employees to return to work.

“Recognizing that I needed to hear form my workforce directly, I traveled the state and took phone calls from correction officers and correction sergeants across this state, hearing directly from them what would be necessary to them to return to the workforce,” Martuscello said.

Martuscello said earlier Thursday, he was provided with the tenets of an agreement that would be necessary for the employees to return to work and met with NYSCOPBA President Chris Summers and Executive Vice President Matt Keough and reviewed those terms.

“We had a verbal agreement that the union would enter into a memorandum of understanding between myself, the director of the Office of Employee Relations and NYSCOPBA President Chris Summers,” Martuscello said. “Unfortunately, this evening, President Summers and his executive board have refused to sign the memorandum of understanding, once again failing his members. I heard my workforce loud and clear and I will not fail to deliver on what I promised.”

When reached for a response shortly after the DOCCS press conference, a spokesperson for NYSCOPBA declined to comment. But in a statement addressed to members Thursday night that was obtained by Spectrum News 1, the NYSCOPBA executive board said it wanted to union members back to work as soon as possible, “but we cannot allow our desire for a quick result to jeopardize our ability to obtain a fair agreement that adequately safeguards our members’ health and physical well-being and ensures their ability to reclaim a work-life balance in the immediate future.”

The union representing state corrections officers said it wouldn't be bullied by the governor and the corrections department. Union leaders said they refused to sign an agreement ending the strike because they didn't have enough time to look it over.

Earlier in the day, NYSCOPBA put out a statement blasting any agreement that bypassed the union and questioned whether it would be legally binding.

Bray emphasized these terms would only be applied to those who return to work Friday and that this deal will not be offered again.

“We will not negotiate concerning the dismissal of contempt charges again. It is being offered to those who return tomorrow," she said.

Bray said the state will exercise all rights and measures, criminal and civil, to end the strike and will take action against those who continue to refuse to return to work illegally.

“We want you back. We need you back. You need to come back to work tomorrow,” Bray said.