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N.Y. Guards Remain In Nassau Correction Center Kitchens
The Nassau County (New York) Sheriff Officer's Association, Inc. (SOA) appealed their preliminary injunction denial allowing civilian workers and supervisors to replace guards at the Nassau County Correction Center (NCCC). The denial was reversed.
The SOA filed suit after kitchen workers and supervisors at the NCCC were replaced by civilians in 2007, claiming safety standard violations and contractual breach for the assignment of non titled civilian replacement on an other than temporary emergency basis. The SOA claimed that a similar situation in 2006 at the Erie County Correctional Facility allowed a prisoner to escape and resulted in the killing of a state trooper and the wounding of another. The court held that the civilian's assignment did not violate contractual provisions, State Labor Law or Civil Service laws and was permitted by 9NYCRR 5 7003.4(b)(2)(i), and further that the Erie incident involved many other factors and did not apply. The SOA appealed arguing that the injunction preventing the assignment was for the civilian replacement's protection as well as the guards and stated "If you are a civilian working in a jail kitchen, wouldn't you want another set of eyes in the room ?" The Civil Service Employee's Association called the petition for injunction "below the belt."
A New York State Supreme Court Justice issued the injunction, denying stay requests, on July 30, 2207, returning supervision and control to guards relieving the SOA's 1,100 members' fears of safety of the public, co workers and other prisoners. Source: Newsday.com, "Nassau Jail Guards In Kitchens Stay," July 31, 2007.
The SOA filed suit after kitchen workers and supervisors at the NCCC were replaced by civilians in 2007, claiming safety standard violations and contractual breach for the assignment of non titled civilian replacement on an other than temporary emergency basis. The SOA claimed that a similar situation in 2006 at the Erie County Correctional Facility allowed a prisoner to escape and resulted in the killing of a state trooper and the wounding of another. The court held that the civilian's assignment did not violate contractual provisions, State Labor Law or Civil Service laws and was permitted by 9NYCRR 5 7003.4(b)(2)(i), and further that the Erie incident involved many other factors and did not apply. The SOA appealed arguing that the injunction preventing the assignment was for the civilian replacement's protection as well as the guards and stated "If you are a civilian working in a jail kitchen, wouldn't you want another set of eyes in the room ?" The Civil Service Employee's Association called the petition for injunction "below the belt."
A New York State Supreme Court Justice issued the injunction, denying stay requests, on July 30, 2207, returning supervision and control to guards relieving the SOA's 1,100 members' fears of safety of the public, co workers and other prisoners. Source: Newsday.com, "Nassau Jail Guards In Kitchens Stay," July 31, 2007.
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