NYSCOPBA announces lawsuits after negotiations 'ended poorly' with state

BUFFALO, N.Y. (WIVB) -- In a letter addressed to its members on Saturday, the New York State Correctional Officers and Police Benevolent Association (NYSCOPBA) said recent negotiations with the New York State Department of Corrections and Community Supervision (DOCCS) "ended poorly" after the state refused to reinstate health insurance coverage for striking correction officers.

NYSCOPBA directed its members to return to work while announcing its filing of lawsuits against DOCCS as the strike reached its 20th day. Correction officers from 38 of the state's 42 prisons have been striking for the repeal of the HALT Act, safer working conditions, ending mandated overtime with 24-hour shifts and more.

The letter followed negotiations that lasted from 8 p.m. Friday to 1:15 a.m. Saturday, according to the letter. DOCCS said Wednesday that over 5,000 letters were sent to staff notifying them of health insurance cancellation.

"NYSCOPBA insisted that this [health insurance reinstatement] must be part of any agreement arrived at between the parties," the letter said. "The State was adamant that it would not move off of its position. We then asked to bring back the mediator to help resolve this issue, at which point the State terminated negotiations."

NYSCOPBA said in Saturday's letter that it filed health insurance litigation and an application for an injunction.

DOCCS Commissioner Daniel Martuscello and Division of Homeland Security and Emergency Services Commissioner Jackie Bray outlined an offer on Thursday directly to the striking correction officers on the condition that they return to work Friday morning.

Martuscello said he went across the state to speak with officers, who provided him with terms they said were necessary to leave the picket line. The terms included creating a committee focused on safety, dealing directly with the HALT Act and not discipling employees who returned to work Friday.

In response, NYSCOPBA said in a letter Thursday that the offer was not negotiated with the union, which it said would require its revoking of the consent award that was tentatively agreed upon last month.

An improper practice charge was filed for the cancellation of Western Region Vice President Kenny Gold's union leave agreement, the letter said. NYSCOPBA said it's also working to file an improper practice charge and injunction against DOCCS and Martuscello after the offer.

According to NYSCOPBA, additional lawsuits are planned.

NEWS10 has reached out to DOCCS for comment and is waiting to hear back.