A new mutual agreement has been reached to return New York's striking correction officers to work on Monday, according to the NYS Department of Corrections and Community Supervision (DOCCS).
According to a statement Saturday night from DOCCS, the agreement will take effect upon at least 85% of staff returning to work.
Under that agreement, DOCCS will not issue notices of discipline to those who were involved in the strike as long as employees return to work by 6:45 a.m. Monday.
Some wins for correction officers include: minimizing and eventually eliminating mandatory 24-hour overtime, a 90-day suspension of parts of the HALT Act and the creation of a HALT committee made up of New York State Correctional Officers & Police Benevolent Association (NYSCOPBA), DOCCS and other parties. The goal of that would be to send recommendations for long-term changes to state lawmakers. The HALT Act originally went into effect in 2022, and aims to reduce the use of solitary confinement in prisons.
A copy of the agreement can here found at doccs.ny.gov.
This is the fourth time the state set conditions for the striking correction officers to return after they illegally walked off the job on Feb. 17.
Despite warnings amid an agreement for striking correction officers to return to work Friday, some stayed on the picket lines this weekend. As of Friday evening, less than 4,000 remained out on strike out of an initial 15,000.
DOCCS Commissioner Daniel Martuscello on Thursday evening offered terms directly to the striking workers, going around the union that represents them and had, up to that point, been leading negotiations on its members' behalf. But many strikers stayed out. That spurred the state and union to begin new negotiations Friday.
The deal keeps in place a committee focused on safety dealing directly with the effects of the HALT Act, reinstating health insurance effective immediately of those employees who had it terminated on the day of their return and no further disciplinary action taken against workers. However, anyone remaining on strike risked facing charges and could be held in contempt of court regarding the state’s Taylor Law, which, among other things, prevents public employees from striking.
Assemblymember Eric Dilan, who chairs the Corrections Committee in the Assembly, argues that “no one wins” with this deal given the severe safety and concerns that got us to this point.
He says the most important thing is getting folks back to work.
And while he has made it clear that there is no legislative desire to roll back HALT, when it comes to recommendations coming out of that committee, he said the following:
“If folks want to express their opinion and want to share what they feel is right or wrong with any piece of legislation, I’m always open to listening to that."
Some officers still striking say they are waiting for the hearing regarding Taylor Law that is set to take place on Tuesday, because they say they want the state to be held accountable for what they argue has been a violation Taylor Law against correction officers for making them work in unsafe working conditions.
Although much of the conversation around the strikes has had to do with the HALT Act, some workers still on the line say they are not looking for a full repeal of HALT, but that they just want a zero tolerance policy in place for violence inside state prisons, which is something the agreement announced on Saturday did not include.
“Most of what they want fixed has to do with the HALT Act, and the only way to fix that is with legislation," state Sen. Dan Stec said. "So, as a legislator looking at the agreement, my frustration is that I’m not seeing anything in there other than a committee would be formed to present something to the legislature. I know how that’s going to go. I mean, a presentation to the legislature is a long cry from actual legislation."
As of Friday afternoon, only 11 correctional facilities were no longer on strike, though many COs were still holding the line, with some resigning. Some workers left Auburn Correctional Facility in Cayuga County Friday, resignation papers in hand, to the sound of cheers and welcome embraces of their now former colleagues. One of those, Brandon Dixon, said he stands by his decision.
“It’s ruining me, my family. My family can see it more than anyone and I need to. I need to do something for myself and my family to get out of here,” Dixon said. “So that’s why I made the decision today. And walking out some doors was one of the greatest feelings ever. I’ll be honest with you, it really was.”
In the meantime, things inside these facilities are already changing. Starting Saturday, nine correctional facilities, mostly in the southern part of the state, resumed visitation, bringing at least some sense of normalcy back to the incarcerated individuals who have been reportedly neglected throughout this strike.
The facilities resuming weekend visitation include Bedford Hills, Fishkill, Green Haven, Hale Creek, Hudson, Queensboro, Shawangunk, Sing Sing and Taconic. The facilities will follow their normal visitation rules, but the length of visits may be capped due to the volume of visitors expected.
While there is no guarantee a repeal of HALT would make it through the legislature, some advocates for COs say the state should at least be bringing it to the table.
“I think that really what’s more important here is that they agree that there’s an issue with safety, an issue with HALT and they say that they’re going to compile changes to the legislation and the governor is going to negotiate for that," Stec said.
Meaning some officers will let Monday’s deadline pass without going back to work.
"Right now, all we have is an agreement that says, well, maybe 60 days from now, we'll present something to the legislature and maybe they'll act," Stec said. "Maybe they won't. I'd want more than that if I was worried about changing HALT."
There's still questions about how many COs have already returned to work and if that 85% required work level also means those staff members out on medical leave must return.
Spectrum News 1 has reached out to DOCCS and NYSCOBA for more details.