https://www.cnn.com/2025/03/10/us/new-york-prison-guards-fired/index.html

“After 22 days of an illegal strike, the governor and I are happy to report it is now ended,” Commissioner Daniel Martuscello said during a virtual press briefing.

The state and the guards’ union struck a new deal to end the strike this weekend, but it was contingent on at least 85 percent of staff returning to work by Monday March 10. Although the number fell short of the 85 percent goal needed to trigger the agreement, Martuscello said the state would honor the deal’s overtime and some other provisions.

He said the National Guard would remain in place at prisons in a support position while the department undertakes an aggressive recruiting campaign to attract additional employees. About 10,000 security staff are available to work in prisons across the state, he said, down from about 13,500 before the wildcat strike.

Termination Letters Sent

“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.

An email seeking comment was sent to the guard’s union, the New York State Correctional Officers & Police Benevolent Association.

Guards upset over working conditions began illegally walking off the job February 17 at many state prisons, forcing Governor Kathy Hochul to send National Guard troops in to maintain operations. Inmates have complained about deteriorating conditions behind bars since the walkout. And the death of a 22-year-old man this month at a prison near Utica is being investigated by a special prosecutor.

State Law Bans Strikes by Public Employees

The walkout violates a state law barring strikes by most public employees and was not sanctioned by the guard’s union. Two previous deals aimed at ending the strike failed to coax enough guards back to end the crisis.

Like the other deals, this one addresses a key complaint of the striking guards with a 90-day suspension of a provision of a state law that limits the use of solitary confinement. Guards will work 12-hour shifts, and the state Department of Corrections and Community Supervision will not discipline officers who participated in the strike if they returned by the March 10 deadline.

Multiple inmates have died since the walkouts began, though it was unclear if strike-related prison conditions played a role in the deaths.

Onondaga County District Attorney William Fitzpatrick is investigating the death of Messiah Nantwi at Mid-State Correctional Facility on March 1 as a special prosecutor. Authorities have declined to provide details, but a court filing by the attorney general’s office said there is “probable cause to believe” that as many as nine correctional officers either caused or could be implicated in his death.

Fifteen prison staffers were placed on leave following Nantwi’s death.

It is the second criminal investigation into a state prison inmate death in recent months. Six guards were charged with murder last month in the December death of Robert Brooks, who was incarcerated at the Marcy Correctional Facility, across the street from the Mid-State prison.

Discussion Questions

1. What is a strike? What is a wildcat strike?

A strike is a work stoppage caused by the refusal of employees to work. Strikes usually arise for a variety of reasons, including economic conditions, labor practices, and employee grievances.

A wildcat strike is a work stoppage undertaken by unionized workers without union leadership’s authorization, support, or approval.

2. Why was this strike illegal?

This strike was illegal because the state of New York has enacted a law specifically declaring it illegal for public employees to strike.

According to New York Civil Service Law Section 210:

“No public employee or employee organization shall engage in a strike, and no public employee or employee organization shall cause, instigate, encourage, or condone a strike.”

For more information regarding this prohibition and the implications of violating its provisions, please see the following web address:

https://newyork.public.law/laws/n.y._civil_service_law_section_210

3. Do you believe states should have the right to outlaw strikes by public employees? Why or why not?

This is an opinion question, so student responses may vary. In your author’s opinion, as a negotiation tool, the strike is fundamental to workers’ collective bargaining power. Without the threat of a strike, workers’ negotiating leverage is severely weakened. The only other options available to public employees are to (1) engage in the ordinary democratic channels to attempt to change the law; and/or (2) to exercise First Amendment rights by speaking out against labor conditions (for example, by picketing). In terms of the first option, this can be a very slow, time-consuming, and ineffective process. In terms of the second option, the speech may fall on “deaf ears.”

The arguments in favor of such legislation are: (1) since public employees are supported by taxpayer dollars, lawmakers should act as proper stewards of public funds (i.e., conceding to public employee requests can be expensive); and (2) public employees (e.g., police, firefighters, sanitation workers, etc.) perform essential services, and it would be disastrous to the public if such services were not provided during a strike.