A tentative deal has been reached between the New York state Department of Corrections and Community Supervision and the state Correctional Officers and Police Benevolent Association over the strike at several upstate prisons. The deal was announced Thursday night by Gov. Kathy Hochul's office.

Mediation efforts between the state and the union representing those workers are in their fourth day, while the strike has been taking place for 11 days. The union has not sanctioned the strike.

Because the union has not supported the strike, a tentative deal with the union doesn't necessarily mean an end to the strike is imminent, and each individual correction officer will have to decide if they want to accept the terms of the tentative deal.

In a statement, Hochul summarized the terms of the consent award, saying it will address many of the concerns raised by correction officers, put DOCCS back on the path to safe operations, respect the rights of incarcerated individuals and prevent future unsanctioned work stoppages.

Independent mediator Martin Scheinman released full terms of the tentative agreement between the state and NYSCOPBA.

As part of the deal, all employees are required to return to work on their assigned schedule March 1. The terms will not go into effect until all employees return to work.

If these conditions are met, the temporary suspension of programming elements of the HALT Act will continue for 90 days with an evaluation by DOCCS after 30 days to determine if reinstating those elements would create a “safety issue” on a facility-by-facility basis. After that period, a “circuit breaker” staffing metric will be used on “high impact days” defined as Friday, Saturday, and Sunday to determine if HALT-related programming needs to be suspended on that day to avoid 24-hour overtime if staffing falls below a certain level. HALT-related suspensions only apply to aspects of the law that the commissioner has discretion over.

As part of the deal, DOCCS will not discipline workers who participated in the strike; however, that does not include any Taylor Law fines. The state law, which among other things created the Public Employment Relations Board to settle disputes, prohibits state public employees from striking. Earlier this week, the state began taking legal steps against the officers striking.

Additional conditions include changes to overtime policy, including a provision that would ensure that if an officer or sergeant volunteers for four overtime shifts in a two-week period, they will not be forced to work an additional shift. If the state violates the policy, they must pay officers $750 with credits toward the following week and a review of why the violation was necessary. A 2.5 overtime rate will also be extended.

Further, a committee will be established to identify inefficiencies at facilities, including where consolidation, elimination, or realignment of posts is possible, with an independent staffing specialist conducting an analysis.

Other items include a confirmation that a controversial February staffing memo that ignited the strike is rescinded; a commitment that the state’s Civil Service department will examine a salary increase within four months; and a commitment to develop a health and wellness app.

Atop the correction officers' demands has been a repeal or significant review of the HALT Act, which restricts solitary confinement as well as long work hours.

Members of the National Guard will remain in prisons to help staff shifts.

Gov. Kathy Hochul released a statement shortly after the deal was announced.

“My top priority is the safety of all New Yorkers, and for the past 11 days, I have deployed every possible State resource to protect the well-being of correction officers, the incarcerated population and local communities across New York,” she said. “Working with a mediator, we have reached a consent award to address many of the concerns raised by correction officers, put DOCCS back on the path to safe operations, respect the rights of incarcerated individuals and prevent future unsanctioned work stoppages. I have the utmost respect and gratitude for the correction officers, civilian DOCCS employees, National Guard personnel and other staff who have done their absolute best to maintain order in our correctional facilities during this challenging period.”

Luke Parsnow - New York State Politics Digital Content Producer

Luke Parsnow is the New York state politics digital content writer and producer at Spectrum News 1. He is an award-winning writer and political columnist and previously worked for CNYCentral in Syracuse and The Post-Star in Glens Falls, New York.