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State leaders have criticized the strike. Gov. Kathy Hochul called it "illegal and unlawful," while preparing to deploy the National Guard if the protest continues. Daniel Martuscello III, the state corrections commissioner, also labeled it an "illegal strike." 

The state Public Employees' Fair Employment Act, known as the Taylor Law, prohibits public employee strikes. The law states that "no public employee or employee organization shall engage in a strike, and no public employee or employee organization shall cause, instigate, encourage, or condone a strike."

By participating in the strike, correction officers could be fired or face other discipline. The penalties include payroll deductions — they would forfeit twice their daily pay rate for every day they were on strike.Ìý

Hochul threatened disciplinary action Tuesday when she announced the National Guard could be deployed to state prisons if the strike did not end by Wednesday. According to the governor's office, she directed her counsel to work with the state attorney general's office on "legal mechanisms, such as the Taylor Law, which will compel employees to return to work." 

"The illegal and unlawful actions being taken by a number of correction officers must end immediately," Hochul said.Ìý

Although it's illegal for public employees to strike, there have been work stoppages since the Taylor Law took effect in 1967.Ìý

New York City teachers went on strike in 1968. Albert Shanker, who was president of the United Federation of Teachers, served a jail sentence for leading the strike.Ìý

In 2005, Metropolitan Transportation Authority workers went on strike for three days. The strike involved Transport Workers Union Local 100 members who were negotiating a new contract. The union was fined and its president, Roger Toussaint, served a short jail sentence due to the illegal strike.Ìý

Correction officers went on strike for 16 days in 1979. The strike ended when a new contract was ratified, but the union was fined for violating the Taylor Law.Ìý

This correction officer strike differs from those examples because it is not sanctioned by the members' union. The New York State Correctional Officers and Police Benevolent Association, which represents the striking officers, did not authorize the strike. It has urged its members to return to work.Ìý

In a memo obtained by Ë®¹ûÅÉAV, NYSCOPBA's executive board denounced the strike. It warned members that they could face "serious consequences" for participating in the strike, including loss of pay and termination.Ìý