Buffalo, N.Y. (WBEN) - New York State corrections officers remain on strike as of Thursday morning, despite a temporary restraining order issued by a state supreme court judge on Wednesday, barring public employees from engaging in strike activity.
"It gets a little complicated," said Attorney Robert Boreanaz, with Lipsitz, Green, Scime, Cambria. "The Taylor Law is very clear. You can't strike. The state has gone to court and received a temporary injunction to end the strike and send the officers back to work."
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He said it's complicated in the sense that there are hoops that have to be jumped through before strikers could be held in contempt. He also said he expects the state will try to impose fines on the strikers and possibly the union as well.
As far as how the state imposes the fine, Boreanaz said there is a precedent.
"Four or five years ago Buffalo teachers held a sick-out. It was considered a strike. In that instance, for every day of the strike, the workers were docked two days pay."
In addition, he said the union could be stopped from having dues deducted from their pay and sent to the union from the payroll system.
Can the officers picket and demonstrate outside of their working hours?
"That would still be in violation of the Taylor Act," explained Boreanaz, even though some would say they are exercising free speech." Adding, "the law is clear. You're not supposed to strike."
The next question is "what is striking?"
He said from what he understands, there are a lot of family members and retired corrections officers, demonstrating in front of these facilities. There could also be a worker there on their day off. Is that striking?
Boreanaz said that will be up to the courts to figure out.
Ultimately, he said the bargaining table, not the courts, is where these things get resolved.