New York Bans Rehiring of Prison Guards Involved in Illegal Strike

"If you break the law and abandon your duties, there are consequences," Governor Hochul stated.

New York State has taken a firm stance against the correctional officers who participated in an illegal strike that lasted 22 days, with Governor Kathy Hochul announcing on Monday that those involved will not be rehired for state employment. The decision, formalized through Executive Order No. 47.3, cites violations of the Taylor Law and a court mandate, reinforcing the consequences for the workers who walked off the job.

The Taylor Law prohibits public employees from striking to ensure that essential services remain uninterrupted. Employees who defy the law can face penalties such as fines, suspension, or dismissal. Under the new executive order, not only are the terminated prison guards barred from returning to their positions, but they are also ineligible for employment in any other state department.

"If you break the law and abandon your duties, there are consequences," Governor Hochul stated.

The order directs state agencies to reject applications from any individuals dismissed for their participation in the strike. Until April 9, laws governing promotions, transfers, and job title changes for correctional employees who failed to report to work as of March 10 have been temporarily adjusted or suspended. Additionally, certain training certifications have been revoked.

The labor dispute began on February 17, when thousands of state prison employees staged a walkout to protest excessive mandatory overtime and unsafe working conditions. On February 19, Hochul declared a state of emergency, warning that the work stoppage jeopardized public safety. In response, she mobilized over 7,500 National Guard members to temporarily replace the absent prison staff.

State officials, including Hochul, claimed that multiple negotiation attempts were made to resolve the crisis, but approximately 2,000 officers refused to return to work. The governor also noted that the state incurred an estimated $100 million in costs to manage the disruption. Compounding the controversy, the New York State Correctional Officers and Police Benevolent Association (NYSCOPBA), the union representing the striking workers, never officially endorsed the strike.

Although the state is not pursuing criminal charges against the officers, it is seeking financial penalties for each day they participated in the strike. The Department of Corrections and Community Supervision (DOCCS) has been tasked with identifying those involved and ensuring they are permanently disqualified from state employment. Moving forward, all state agencies must verify applicants’ employment histories to prevent former striking officers from being rehired.

Hochul defended the decision, emphasizing that the strike left incarcerated individuals, remaining officers, and civilian staff in a precarious situation. She credited the National Guard with stabilizing the prison system and confirmed that guard members will remain stationed at facilities for the foreseeable future.

While federal labor laws, such as the National Labor Relations Act of 1935, generally prohibit blacklisting employees for union-related activities, public-sector workers are excluded from its protections, making the governor’s executive order legally sound.

Acknowledging that staffing shortages predated the strike, the state has launched a recruitment campaign to address the issue. Measures include boosting starting salaries, advertising job openings at community colleges and military bases, and considering applicants from outside New York. Additionally, Hochul revealed that some National Guard members have expressed interest in transitioning into full-time correctional officer roles.

Meanwhile, another union, the Civil Service Employees Association (CSEA), reached an agreement with the state on behalf of non-striking prison staff. The deal provides these workers with greater flexibility in using paid time off, improved overtime compensation, and enhanced safety measures.