Sued by correction unions, mayor calls 24-hour Rikers shifts ‘dumb’ mistake

A class of new correction officers attend graduation. Photo by Rob Bennett/Mayoral Photography

A class of new correction officers attend graduation. Photo by Rob Bennett/Mayoral Photography

By David Brand

Mayor Bill de Blasio took aim at his own administration’s policy of forcing correction officers to work 24-hour shifts inside the city’s coronavirus-plagued jails Friday, a day after three staff unions sued to stop the lengthy tours.

The three unions — the Correction Officers’ Benevolent Association, the Correction Captains’ Association and the Assistant Deputy Wardens/Deputy Wardens Association — filed an emergency application in Queens Supreme Court Thursday to challenge the policy mandating officers work three consecutive tours “without sleep or significant rest.”

“In the age of COVID-19, triple shifts may be a death sentence,” the plaintiffs wrote, referring to the three consecutive eight-hour shifts that some officers have had to work. 

De Blasio called the three-shift policy “a dumb managerial mistake” during a press briefing Friday, hours after first tweeting his critique.

“The idea of a 24 hour shift being imposed on our Corrections Officers was a mistake and NEVER should have happened,” he tweeted Thursday. “To New York’s Boldest: you’re vital to keeping our city safe. I promise we have your back and that this will never happen again.”

At least six Department of Correction staff members have died as a result of the coronavirus and nearly 900 jail staffers have so far tested positive for COVID-19. In addition, 373 city inmates have tested positive for the illness, according to a report published Thursday by the Board of Correction, which oversees city jails.

Correction officers work three main tours inside city jails: 7 a.m. to 3:31 p.m, 3 p.m. to 11:31 p.m. and 11 p.m. to 7:31 a.m. To contend with staff shortages stemming from the coronavirus, the city has forced officers to work all three in a row.

The lawsuit filed by the three unions also challenges the DOC policy of ordering staff who tested positive for COVID-19 to return to work without getting tested to see if they still had the illness.

COBA President Elias Husamudeen said he welcomed the mayor’s statement criticizing the 24-hour shift policy, but wants to see the city address both complaints.

“I’m more interested in him and his commissioner not jeopardizing the life of correction officers and those we have sworn to protect by forcing us to come back to work before testing negative,” Husamudeen told the Eagle. “I’m more concerned about his commissioner not forcing correction officers to work triples, further jeopardizing our health, further jeopardizing our safety.”

In response to the lawsuit, city Law Department spokesperson Nicholas Paolucci said the “administration is deeply concerned about the health and safety of its employees and has been following CDC guidelines and addressing challenging staffing issues to keep people at DOC facilities safe.”

“We take seriously the issues raised by the complaint and will review it carefully,” Paolucci added.

He also referred to de Blasio’s comments about the lawsuit during the Friday press conference and said the city will submit a legal response detailing their official position later today.

The city previously agreed to provide free COVID-19 testing for jail staff following another lawsuit filed in Queens Supreme Court earlier this month. Correction officers can now access free testing at urgent care centers operated by Northwell Health, according to the agreement.