NY prison guards face deadline to end strike or be fired. DOCCS says less than 10 terminated so far.
New York prison guards, who have been on strike for two weeks, face losing their jobs and their health care if they refuse to return to work, state officials say.
The illegal strike has ended at most prisons in the downstate region, but it continued Monday in upstate and western New York, with thousands of corrections workers facing possible fines, termination and prosecution.
"Since the issuance of the [consent] award, we've had staff return to duty and we've resulted in reducing the number of facilities that are currently participating in the strike from 38 to 32. Those facilities that are no longer on strike are Greenhaven, Fishkill, Shawangunk, Hudson, Taconic and Sing Sing. We thank those staff returning to the workforce," DOCCS Commissioner Dan Martuscello said Monday. "However, a large number of staff across the state continue to remain on on strike, with more staff returning to duty each and every day, but it's not allowing for us to implement the consent award and continue our ongoing dialogue."
While many striking guards went back to work over the weekend, a termination notice was sent to anyone who has been on strike for more than 11 consecutive work days.
The DOCCS commissioner made a final plea on social media Sunday, writing anyone who remains on strike "will have theirs and their dependents' health care removed retroactively to the first day they were AWOL, and you will not be eligible for COBRA."
"Yesterday, we began termination of corrections officers. Today, we will be terminating health insurance for corrections officers who have been AWOL and their dependents," Jackie Bray, commissioner of the New York Division of Homeland Security and Emergency Services, added Monday. "None of these actions we take lightly. We have tried, at every turn, to get people back to work without taking these actions."
State officials said Monday only a "handful" of workers had received termination notices, but they planned to terminate the health insurance of thousands more.
"We have only, at this point, terminated a handful, less than 10 corrections officers. These are officers who have been AWOL for 10 days in a row on their work days and then missed that 11th shift. That will continue to evolve over the next several days," Martuscello said. "Today, we're taking the further action to terminate health insurance for thousands of corrections officers, but we'll have more to say about future terminations after today."
Officials also said the striking workers could be on the hook for the cost of deploying the National Guard to maintain security in prisons.
"To date, the state has spent approximately $25 million in response to the strike, and we estimate that if the strike were to continue, we'd be spending approximately $106 million a month," Bray said.
NY prison strike looks to limit 24-hour mandatory overtime
State officials unveiled a website that outlines the details of the deal to end the strike, called a consent award. One key concession is to eliminate mandatory 24-hour overtime shifts.
DOCCS and the union agreed to:
- $100 extra for voluntary overtime shifts on Fridays, Saturdays and Sundays
- If an overtime shift is mandated outside the agreed-to voluntary process, the state will pay the employee a $750 fine, and DOCCS will launch an immediate review
- Retired members will temporarily be allowed to work hourly shifts for certain functions, including transportation
The agreement says the state and union will also consult a staffing expert to better manage shortages, as well as offer referral bonuses for new trainees and review the union's request for a salary upgrade.
Concessions over HALT Act concerns
Corrections officers and sergeants at nearly all of the state's 42 prisons have been walking out since Feb. 17, demanding the state address safety and staffing concerns. Members of the National Guard were called in, and visitation was canceled at facilities statewide.
Late Thursday night, Gov. Kathy Hochul said a tentative agreement had been reached to end the strike, which was illegal under state law and not sanctioned by the union.
Other concessions in the consent award include a 90-day suspension of the HALT Act reforms, which limit the use of solitary confinement and striking workers blame for a rise in attacks on staff. DOCCS says a new "circuit breaker" system will be used to suspend certain parts of the HALT Act when a facility is at a 30% staffing shortage during a particular shift and there's no way to avoid mandatory 24-hour overtime.
The concessions also call for new screening methods to scan mail for substances, future meetings to better define and track assaults on staff, and finding a wellness app for workers.
The DOCCS commissioner urged striking members to come back to work Monday and said they will continue to have an open dialogue about making facilities safer.
Another inmate death at state prison in Marcy, N.Y.
Meanwhile, an investigation has been launched after another inmate died at an upstate prison. The latest death happened at the Mid-State Correctional Facility in Marcy, New York.
Stan German, executive director of the New York County Defender Services, described 22-year-old Messiah Nantwi as a "bright" young man dealing with "significant mental health challenges" following a "dysfunctional violent upbringing." The public defender's office had been representing Nantwi as he awaited trial in the shooting deaths of two men in 2023.
"True, he was incarcerated, but he was still entitled like all of us, to basic human dignity and safety," German said in a statement. "Instead, he suffered a violent senseless death at the hands of state corrections officers operating within a toxic culture that our society mainly ignores."
Thomas Mailey, a corrections department spokesperson, declined to provide more details about Nantwi's death, citing the ongoing investigation. But he confirmed earlier Monday that 11 staffers have been placed on administrative leave, pending the results of the probe.
"We've made referrals to outside, independent investigators with the attorney general and the state police. We need to let that process play out," Martuscello said Monday. "In the interim, we have placed staff on administrative leave, and we have to wait for the investigation to unfold."
Last month, five prison employees from the nearby Marcy Correctional Facility were indicted on murder charges in the beating death of inmate Robert Brooks Sr. Four others face lesser charges. Prosecutors say body camera video showed the officers beating the 43-year-old while he was handcuffed. He died the next day.
At least three other inmates have died at state prisons during the strike, though it's unclear if or how the work stoppage played a role in their deaths.
