Butler Correctional Facility open, jobs saved
PEF backed The New York State Correctional Officers and Police Benevolent Association (NYSCOPBA) in a lawsuit that resulted in keeping Butler Correctional Facility’s minimum-security operation open.

The lawsuit was filed by NYSCOPBA in June after the state Department of Correctional Services announced the closure. The correctional officers union filed the lawsuit on the ground that DOCS failed to give 12 months notice of the impending closure. Otherwise, Butler’s minimum-security operation would have closed October 1, 2009.

PEF supported the lawsuit and formally sought to intervene in the case.

“Legislation amended the 12-month-notice requirement, allowing DOCS to close camps, correctional facility annexes and special housing units,” said Rita Verga, PEF associate counsel. “Butler is both a minimum- and medium-security facility. The 12-month-notice requirement still applies.”

The case was first heard at the Wayne County Supreme Court where NYSCOPBA obtained a temporary restraining order barring the state from any further reductions in the work force at Butler until further notice.

The order covered all uniformed and civilian employees, including PEF members, at Butler Minimum. The case was transferred to Albany County, where the judge signed off on a settlement.

“This is the relief we were pursuing in our support of NYSCOPBA by seeking to intervene,” said PEF President Ken Brynien. “The number of PEF members who may have been affected was low compared to the correctional officers who would have been transferred or lost their jobs. The important thing in this victory is maintaining a partnership with other unions. These are difficult times, and we need to work together,” Brynien said.

The settlement discontinues two lawsuits and provides that Butler’s minimum-security operation remain open. It also requires that DOCS provide a 12-month notice as required by the law.
— Deborah A. Miles