ALBANY, N.Y. — New York has fired more than 2,000 correctional officers following a weekslong unauthorized strike that disrupted operations at prisons across the state. Despite the mass terminations, state officials say enough officers have returned to work for them to declare the illegal work stoppage over.
“After 22 days of an illegal strike, the governor and I are happy to report it is now ended,” Department of Corrections and Community Supervision (DOCCS) Commissioner Daniel Martuscello said during a virtual press briefing.
The strike, which began on Feb. 17 in response to staffing shortages, safety concerns and the implementation of the HALT Act, led to significant disruptions in New York’s prison system. The state and the New York State Correctional Officers and Police Benevolent Association (NYSCOPBA) reached a final agreement on March 8 aimed at addressing some of these concerns. However, the deal was contingent on at least 85% of correctional staff returning to work by the morning of March 10. While the number of officers who returned fell short of that benchmark, the state has decided to move forward with the agreement’s overtime pay provisions and several other measures.
Martuscello also stated that the National Guard would remain in place in a support role at state prisons while the department launches an aggressive recruitment campaign to fill vacant positions. The state’s security staffing has dropped to about 10,000 available personnel, down from approximately 13,500 before the strike began.
“Termination letters have been sent to over 2,000 officers who remained on strike. Officers and sergeants who did not have preapproved medical leave and didn’t return by this morning, 6:45 a.m. deadline, have been terminated effective immediately,” Martuscello said.
Here’s a look at what was listed in the March 8 agreement.
HALT Act programming suspended for 90 days
As part of the agreement, DOCCS will suspend elements of the HALT Act for 90 days, citing ongoing emergency staffing shortages and security concerns.
The suspension applies only to HALT Act programming directly impacted by the strike and pre-existing staffing shortfalls. Other HALT provisions will remain in effect.
After 30 days, DOCCS will conduct a facility-by-facility review to determine whether to reinstate the suspended programming. The agency will assess staffing levels, safety conditions and facility security before making any decisions.
Mail screening measures to curb contraband
As part of the agreement, DOCCS will implement enhanced mail screening protocols to prevent contraband, particularly drugs, from entering correctional facilities. The agency will pursue a contract with a qualified vendor to provide equipment and services for the screening of all incarcerated individuals’ legal mail. The screening process will not include a review of the contents of legal mail itself.
Representatives from NYSCOPBA will have input on the selection of vendors and the implementation of these measures. Additionally, discussions will continue regarding the use of Transportation Security Administration (TSA) screening devices for mail inspection.
Strike-related discipline and Taylor Law enforcement
While the state has fired over 2,000 correctional officers for failing to return to work, additional disciplinary measures remain in place. DOCCS has reaffirmed that employees who participated in the strike but returned by the deadline will not face additional penalties. However, those who engaged in criminal activity, including vandalism or violence during the strike, will receive disciplinary notices.
In accordance with Taylor Law provisions, which prohibit public employees from striking, DOCCS will move forward with legal proceedings against individuals who continued the work stoppage past the return deadline. The agency will also rescind probationary terminations for employees who resigned or were deemed resigned due to the strike, provided they request reinstatement upon their return.
Collective bargaining rights remain a key point of contention in the aftermath of the strike. While NYSCOPBA has continued discussions with DOCCS, the state retains final authority over staffing decisions and other employment terms. However, union representatives will be part of the HALT Act Committee and other advisory groups established under the agreement.
DOCCS has also confirmed that it will reinstate health insurance for employees who lost coverage due to termination, as long as they return to work and meet the necessary requirements. Taylor Law provisions will continue to apply, ensuring that employees who engaged in the strike face legal consequences under Civil Service Law 210.
National Guard remains as prisons transition
With the strike ending and officers returning to work, the National Guard will remain in place at correctional facilities in a support role. Around 6,000 guard members had been deployed under Gov. Kathy Hochul’s direction to address staffing shortages and ensure security.
NYSCOPBA, DOCCS to form HALT Act review committee
The state and NYSCOPBA have agreed to establish a HALT Act Committee, which will review safety concerns related to HALT implementation and recommend policy changes.
The committee will consist of representatives from:
- NYSCOPBA (one representative per facility, plus regional representatives)
- Other state unions, including Council 82, CSEA and PEF
- DOCCS, with agency-appointed members
Within 60 days, the committee must present proposed legislative updates to the New York State Legislature regarding:
- Keeplock policies
- Officer safety measures
- Assaults on staff and incarcerated individuals
The goal is to reassess HALT Act provisions that may be creating security concerns while maintaining compliance with the law.
12-hour shifts to remain in place until staffing improves
As part of the agreement, DOCCS will continue 12-hour shifts for correction officers and sergeants until pre-strike staffing levels are restored. The shift structure was a key concern for officers, many of whom have been working extended overtime due to staffing shortages.
Once facilities return to pre-strike staffing levels, DOCCS will transition employees back to their previous shifts and assignments. Each facility superintendent is expected to honor employees’ regularly scheduled days off to the best of their ability to improve work-life balance.
State to review staffing plans, approve referral bonuses
The agreement establishes a Committee on Plot Plan Efficiency, which will analyze staffing levels and operational inefficiencies in DOCCS facilities.
An independent staffing specialist will be retained to conduct the analysis, reviewing:
- Post assignments and consolidation options
- Shift structures and workload distribution
- Potential realignments to reduce staffing burdens
The committee will also review policies related to time-off management, including:
- Annual leave day formulas
- Vacation bid reposting procedures
- Incidental time policies
The state aims to use this review to improve staffing conditions for correctional officers while ensuring adequate coverage across facilities.
2.5x overtime rate to continue for 30 days — under conditions
The agreement extends the 2.5x overtime rate for officers for 30 days from the date of the MOA. However, any officer who had not returned to work by March 9 at 6:45 a.m. forfeited eligibility for the increased pay rate.
Additionally, the state has rescinded the controversial “70/30" memorandum, which had been a sticking point in earlier negotiations.
