New York state recently fired some 2,000 correctional officers for not returning to work following a three-week, unsanctioned strike. Gov. Kathy Hochul issued an executive order blocking the fired employees from jobs at other state agencies.
Public sector workers in New York are not authorized to go on strike under the Taylor Law. The strike was a wildcat strike – meaning workers went to the picket line without the union’s approval.
“They didn't have a strike vote," said Art Wheaton, director of labor studies at Cornell University’s School of Industrial and Labor Relations. "They didn't say, yes, we're trying to be inside of a contract. They already have a contract. So this wasn't even in bargaining. They just decided in the middle of a contract to go out on strike, which is illegal. And there are penalties under the Taylor Law where they can fine the individual or fine the union."
Wheaton described the firings as unfortunate. There’s a worker shortage within the department of corrections. But he said the firings are not unexpected as there are penalties from violating the no-strike law.
“The state wanted to bend over backwards because they really didn't wanna lose them all," Wheaton said. "So it was risky for the people to go out on strike. If the union endorses it, then the penalties are paid by the union. For the individuals, it's pretty easy to get yourself fired. And in this case, blacklisted not getting another state job.”
Under state law, it's illegal for the employer to negotiate directly with individuals – known as direct dealing. Instead, the union negotiates on their behalf.
“The people out on strike did not necessarily agree to what the mediator, the union and the Department of Corrections came up as a solution and they stayed out on strike,” Wheaton said.
The deal reduces 24-hour mandatory overtime shifts. The state also agreed to a 90-day pause on some provisions of the HALT Act regarding solitary confinement.