ELMIRA, NY (WENY) -- Striking corrections officers at prison facilities in Elmira and others across the state remained on the picket line Saturday, the day they were ordered back to work as part of a consent agreement between the state, Department of Corrections and NYSCOPBA, the officers' union. Officers on strike were not included the mediation talks and did not consent to the agreement that was struck Thursday night.

Early Saturday evening, officers received a text message from the New York State Office of Employee Relations, threatening that officers and sergeants who did not return to work on Saturday will receive a health insurance termination notice on Monday, dating back to the beginning of the strike. The text continues, threatening those who continue to be AWOL will receive notices of termination, beginning Sunday, as well as threats of contempt sanctions, including fines and imprisonment. 

WENY News reached out to the Department of Corrections to verify the authenticity of the text. The following response was received: "We have sent out multiple calls to ensure that staff have a clear understanding of the implications of continuing to participate in this illegal strike."

Corrections officers who spoke to WENY News after the agreement was announced said they do not intend to return to work, as the agreement does not go far enough to address safety issues for both officers and the incarcerated population. They say they feel as though the terms of the agreement are a "slap in the face."

Under the consent agreement, officers were ordered to go back to work for the start of their tours on March 1st. Officers on the line in Elmira stated that will not happen, knowing there are potential consequences for continuing to strike.

Corrections officers who have spoken anonymously to WENY News say they are prepared to lose their jobs, because they feel so strongly that state policies have created conditions inside the prison that make the environment unsafe. Striking officers say they will continue to remain on the line, until their demands are met and the HALT Act is permanently repealed.

Under the consent agreement between the state, DOCCS, and NYSCOPBA announced Thursday evening, terms include the following: 

  • Elements of the HALT Act will continue to be temporarily suspended for 90 days. DOCCS will begin to evaluate the operations, safety and security of staffing levels, and determine if re-instating elements of the HALT Act would create an unreasonable risk to the safety of both prison staff and incarcerated individuals.
  • DOCCS will apply a "circuit breaker" staffing metric on Fridays, Saturdays, and Sundays upon the conclusion of the HALT Act suspension. Staffing levels will be assessed, and steps will be taken to avoid mandatory 24-hour overtime.
  • Changes will be made to overtime, with the goal of eliminating mandatory 24-hour overtime. Among the provisions, this will include a weekend shift differential, and immediate overtime review if a corrections officer or sergeant is required to work a 24-hour overtime shift. 
  • Both sides will create a committee to analyze staffing at each facility and operational efficiencies, with a goal of providing more relief to existing staff.
  • DOCCS will pursue a contract with a vendor for equipment and screening of all legal mail to incarcerated prisoners, in an effort to reduce the amount of drugs coming into correctional facilities.
  • No disciplinary action for striking union corrections officers who return to work by the deadline established in the agreement, for their scheduled tours beginning March 1. This does not include any Taylor Law fines that may be incurred.
  • The New York National Guard will remain in facilities, but draw down as staff return to work.
  • The overtime rate of 2.5 times regular pay will continue for the next 30 days.

Failure to return to work, according to the state, include penalties such as loss of health insurance, civil penalties related to violations of the state's Taylor Law, including potential fines and arrest, as well as termination of employment.