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 an agreement aimed at addressing some of these concerns on March 8. 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 other key 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’s in the amended agreement.
HALT Act programming suspended for 90 days
As part of the agreement, the Department of Corrections and Community Supervision (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.
“Circuit Breaker” staffing metric aims to prevent forced overtime
The agreement introduces a “Circuit Breaker” Staffing Metric, designed to prevent officers from being forced into back-to-back 24-hour shifts.
The metric will be used on Fridays, Saturdays and Sundays, when staffing shortages are most severe. If vacancies reach or exceed 30% of a facility’s staffing plan, DOCCS will take the following steps:
- Close select posts to mitigate the shortfall
- Suspend general population programming if staffing remains insufficient
- Suspend HALT Act provisions as a last resort to maintain safety
DOCCS states it will retain discretion to determine other high-impact days when the metric may be applied. The new approach is intended to address mandatory overtime concerns, which played a major role in the strike.
Corrections officers to receive overtime pay boost for voluntary shifts
To reduce mandatory overtime, the agreement includes a $100 pay differential for correction officers and sergeants who volunteer for overtime shifts on Fridays, Saturdays or Sundays.
DOCCS has also agreed to maintain 12-hour shifts for officers and sergeants until facilities return to pre-strike staffing levels. Once those levels are met, employees will resume their pre-strike shifts and assignments.
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.
National Guard to withdraw from correctional facilities
With officers returning to work, the National Guard will begin drawing down its presence in New York prisons. Guard members had been deployed under the governor’s direction to support staffing shortages and prevent correctional officers from being forced into excessive overtime shifts.
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.
