Assemblyman Gray asks state to honor deal after corrections officers fail to meet "return to work" mark

BY JIMMY LAWTONNorth Country This Week

Fewer than 85% of corrections officers returned to work meaning a deal struck between the state and NYSCOPBA is not valid, but Assemblyman Scott Gray is asking for an extension.

If the request falls on deaf ears, corrections officers who did not return to work will be without jobs and will face legal consequences. In fact if the deal isn’t honored by the state, the officers who returned to work aren’t guaranteed any protections either.

"I am writing to urge DOCCS to continue to honor the terms outlined in a Memorandum of Agreement between the State of New York and the New York State Correction and Police Benevolent Association, despite the 85% return-to-work threshold not being met,” he said in a letter to the Commissioner Daniel Martuscello.

Gray notes that the goal was to establish a framework for resolving an unauthorized strike and addressing staffing concerns. He says the threshold should not outweigh that goal.

“The provisions set forth in the MOA, particularly those relating to staffing relief, overtime reduction and facility safety measures, remain critical to the effective operation of DOCCS facilities,” he wrote.

Gray also asked for a final return-to-work opportunity and requested the state rescind termination upon their return to work.

“This action would demonstrate good faith in the resolution process and provide a fair opportunity for personnel who may have faced extenuating circumstances in meeting the original deadline,” he wrote.

The deal brings an end to a three-week strike by corrections officers who say the state failed to provide safe working conditions putting themselves and inmates in danger.

It was the third deal and appears to be the final offer.

The deal included a financial incentive for those who returned to work Sunday and allowed a Monday deadline without the extra incentive..

The new deal still includes a 90 day hold on the rehabilitative programming required for inmates by the HALT Act, and allows for additional inmate segregation when staffing levels are low.

The deal also includes a reversal of a policy that would have made 70% staffing levels the new 100% and include better inspections and screenings for mail and the use of body scanners on anyone who enters the facility.

The new deal also extended a Monday deadline for avoiding legal action from the state and waived penalties for those who were out on strike. It also rescinded termination notices that had been sent out.

A major sticking point in the negotiations appeared to center around health care.

Under the deal those who returned to work today allowed officers to pay for COBRA health care to compensate for the lack of coverage that occurred when the state stripped striking officers of their healthcare benefits.

In return the union agreed to withdraw a lawsuit it initiated regarding healthcare benefits.

This is the third deal that has been hammered out by the state and the union,

The strikes have caused a major disruption in the prison system and led to the deployment of the National Guard to supplement understaffed prisons.

During the strikes there were multiple prisons that lost control of inmates which led to the deployments of Corrections Emergency Response Teams to secure the facilities.

If Martuscello does not extend the offer, more than 1,000 corrections officers could face termination and legal consequences for striking. It would likely create an even greater burden on the retention problems already facing the system.