As strike ends, New York says more than 2,000 correction officers will be fired

ALBANY — State Corrections Commissioner Daniel F. Martuscello III said Monday that the 22-day strike at prisons statewide is over, but that more than 2,000 correction officers who refused to return to work Monday will be fired.

That leaves prisons short-staffed after the wildcat strike that erupted in part from concerns over short staffing that strikers said led to unsafe conditions for guards. Seven prisoners died during the strike, which began Feb. 17, although the causes of death haven’t been determined, state officials said. One death resulted in administrative action against prison staffers, state officials said. Few details have been released.

A deal between Gov. Kathy Hochul's administration and strikers that provided several concessions to strikers required that 85% of the workforce return to their jobs. That percentage wasn’t met, but Martuscello declined to say what percentage of workers returned to their jobs.

Martuscello said about 10,000 correction officers and sergeants were back on the job Monday compared with what he said was 13,500 workers on the job before the strike. The union, however, had estimated the workforce at about 15,000 before the strike.

At its height, 38 of 42 prisons were hit by the strike by nine of every 10 workers, state officials had said. On Friday, just 11 prisons were operating normally and unaffected by the strike.

Martuscello said Monday that the ongoing staff shortage will be addressed with 12-hour shifts, a higher overtime rate to encourage voluntary overtime work and continued use of more than 6,000 National Guard troops.

"It’s time to recover, rebuild and recruit," Martuscello told reporters in a news conference conducted through Zoom. "To my employees, I want you to know that I heard you ... your work-life balance is important to me."

Among the concessions are suspension of administrative discipline. But because the 85% attendance figure wasn’t met, Martuscello said the state will still pursue civil penalties for workers who violated the Taylor Law that prohibits most state workers for striking. The 1967 law is aimed at protecting public safety.

State officials said the strike has cost more than $25 million including the cost of moving and paying other state workers and National Guard soldiers to secure the prisons.

The state has agreed to several concessions, including:

• Continued suspension of elements of the HALT Act for 90 days that had restricted use of solitary confinement as punishment. The correction officers said the Humane Alternatives to Long-Term Solitary Confinement Act made their jobs more dangerous and triggered more forced overtime work. The HALT Act requires more therapeutic contact with prisoners instead of solitary confinement beyond 17 hours per day. Supporters of similar measures at the federal level and in other states have found them more efficient and safer for guards as well as prisoners.
• A plan to eliminate mandatory 24-hour shifts with measures such as $100 bonuses to volunteer for weekend shifts.
• Hiring a company to better screen mail to keep contraband out of prisons that can add to drug use or violence.
• A campaign to hire more correction officers.

Payroll records show most correction officers make about $100,000 a year, but that can double or triple with overtime payments. State officials say the ranks are low because of the difficulty in attracting workers to the jobs.

By Michael Gormley

michael.gormley@newsday.com@GormleyAlbany

Michael Gormley has worked for Newsday since 2013, covering state government, politics and issues. He has covered Albany since 2001.