SULLIVAN COUNTY  — New York State has proposed a new agreement for striking correction officers that includes the officers’ union, New York State Correctional Officers and Police Benevolent Association (NYSCOPBA). This new, third agreement comes after a proposal by the state last week failed to get striking officers back to work. Last week’s deal did not include NYSCOPBA, and as such, was criticized by union officials for being inappropriate and not legally binding. 

The situation has developed into a pressure cooker which has seen thousands of correction officers in 38 of the 42 prisons across the state (including Sullivan County’s Woodbourne Correctional Facility) take to the picket lines in an unsanctioned strike, at least 7 inmate deaths reported, national media coverage, and the reported deployment of approximately 7,000 national guard troops by Governor Kathy Hochul, who has continued to aggressively call strikers back to work throughout the ordeal.

The new “Memorandum of Agreement” (MOA) released on Sunday, March 9, included the continued suspension of Correction Law section 137 of the HALT Act for 90 days, a “Circuit Breaker” staffing metric designed to avoid dangerous understaffing, the creation of a Committee that will begin analyzing the HALT Act and recommend any necessary alterations in 60 days, and a pay differential of $100 for officers that volunteer for overtime. 

The Department of Corrections and Community Supervision (DOCCS) has also agreed to 1) hire a vendor to oversee the screening of legal mail with the purpose of “curtailing the introduction of drugs into correctional facilities” and 2) rescind any disciplinary notices (including health insurance termination) for employees who return to work. 

The National Guard will remain in a “support posture” and slowly withdraw as staffing returns to pre-strike levels. Section 12 of the agreement states that “Eighty-five percent (85%) of the pre-strike fill level of employees … need to return to work, and continue to work, in order for the provisions of this MOA to be operational as follows: at or before 6:45 a.m. on March, 10, 2025 for all employees.”

The MOA, which was signed on March 8 by DOCCS Commissioner Daniel F. Martuscello III, Office of Employee Relations Director Michael Volforte, and NYSCOPBA President Chris Summers, was the third attempt by the state to get correction officers back on the job. After a failed mediation by Martin Scheinman, the state attempted to circumvent NYSCOPBA and deal with correction officers directly, which drew harsh criticisms from the union. 

Communications Director for NYSCOPBA Jim Miller said in a press conference on Wednesday, March 5 that “the non sanctioned strike that occurred didn’t begin on February 17 as a result of one single incident. It is a culmination of frustration that has built among members since the HALT Act began in April of 2022. Despite voicing our opposition to the legislation since its inception, the climate and working conditions began to seriously erode over two years ago. As a result of HALT, violence steadily climbed to reach epidemic levels that exist today. As frustration grew among our members, we have communicated to the Governor’s office … that officers were at a breaking point and crying out for help.”

The Democrat reached out to Miller for comment, who described the last three weeks as a “fluid situation,” during which the union has advocated for its members and encouraged them to go back to work. Miller explained that some members have stayed on strike to put pressure on the state to repeal all aspects of the HALT Act, but he said that the “state legislature needs to repeal the HALT Act” and that because both houses of Congress are democratically controlled, it will be nearly impossible to do so. 

Miller believes a staffing deficit of 4,000 has led to many problems that have arisen in prisons: “Since January 2023, union membership has decreased by 2,000; meanwhile the inmate population has increased by 2,000.” Vice President of NYSCOPBA Matt Keough further explained at the press conference: “[striking union members] want the complete repeal of HALT. And we can’t provide that for them so that’s where our failure came in their eyes.” Keough said, “The staffing crisis started through COVID when the DOC didn’t try to hire a single person through our training academy for two solid years. There were no hires for two whole years, and it’s catching up with the department.”

To quell some of the unrest, Matt McPhillips of the Sullivan County Legislature said on Thursday, March 6, they passed a resolution to allow any correction officer fired by the state to come work for the Sullivan County Jail and that they would ensure a smooth transition. Chair of the Public Safety Committee Luis Alvarez confirmed the resolution, adding that they were offering a slightly smaller salary but all of the benefits that they received under their former employment as correction officers.