COBA’S NEW TENTATIVE CONTRACT AGREEMENTON TOP OF 7.95% WAGE INCREASE, COBA MATCHES PBA’S 2.25%

‘EXTRA’ RAISE WITH LONGEVITY ‘DIFFERENTIAL’

Highlights of the Deal Include a 36 Month Term, Welfare Fund Hikes Including a $5 Million Lump SumContribution for the Active Welfare Fund, and a $5 Million Lump Sum Contribution to the Retiree

Welfare Fund, a $3 Million New Education Fund, Longevity Increases, Annuity Fund Increases and a 2.25% Extra Raise.

In addition to the 7.95% wage increase reached in December 2019, as part of an eight-member uniformed coalition,the Correction Officers’ Benevolent Association has negotiated a differential totaling $365 for all members with atleast five years in the rank and $1,642 ($1,277 additional) with at least 20 years as its form of matching the 2.25%additional raise secured by the Police Benevolent Association three years ago. Under this new tentative contract,Correction Officers going from 5 years of service to 5 1/2 years of service will receive an increase of $27,000in their base pay. The union obtained welfare-fund increases of $100 for active members and $100 for retirees.COBA did not extend beyond the three-year agreement reached by the uniformed coalition.

RAISE DATESThe effective dates of the 2.50% and 3.00% pay raises were altered from the coalition deal to stay within the36 months. The first raise of 2.25% would be retroactive to March 1, 2019, the day after the existing COBAcontract expired, followed by a 2.5% hike on June 1, 2020, with a final 3% increase to take effect June 1, 2021.The contract would run through Feb. 28, 2022.

The added differential was the prime feature of the COBA’s negotiations with the city, which addresses issuesunique to its members that were not covered under the uniformed coalition deal. Those COBA members withat least five years of service would qualify for an initial differential of $365 effective June 1, 2021, equaling.50% of the 2.25% target set by the PBA three years ago. The final 1.75%, amounting to $1,642 ($1,277additional), would take effect June 1, 2021, swelling the total differential to $365 for those with 5, 10, and 15years of service and $1,642 with 20 years of service.

In addition, the additional contributions will increase by future general wage increases and will continue to bepensionable at 20 and 25 years. All members of the union would receive the full differential once they markedtheir 20th anniversary in the rank. The $100 welfare-fund increases for both active and retired members of theunion would take effect February 1, 2020, the $3 million dollar lump sum contribution for both active andretired members will take effect February 1, 2020 and the additional $2 million for both active and retiredmembers will take effect February 28, 2022. The additional benefits were partly offset by a credit the unionreceived for its members’ participation in the DOC’s body-camera program.

KEPT PAY SCALE INTACTA key element for COBA in obtaining the 2.25% added payment was to avoid givebacks, which was how thePBA funded its added raise in January, 2017. While the Police Officers union several times beginning in 1988 hascut its pay scale and slowed the progression to maximum salary for future hires to fund additional benefits forveterans, COBA was averse to taking that course in order not to give up new officers or the new born.

CORRECTIONOFFICERS’ BENEVOLENTASSOCIATION, INC.

4� UNIFORMS (CARGO PANTS)

4� GRIEVANCEPROCESS

4� SENIORITY4� DIRECTIVES

AND RULES

4�BODY-WORNCAMERAS

4� RELEASE TIME

7.95% SALARY INCREASE &2.25% LONGEVITY INCREASE

1% UNIFORMED DIFFERENTIAL

$5 MILLION LUMP SUM TO ACTIVE MEMBER WELFARE FUND

ENHANCED & IMPROvE OPTICAL | DENTAL | LEgAL | PRESCRIPTION PLANS

$5 MILLION LUMP SUM TO RETIRED MEMBER WELFARE FUND

ENHANCED & IMPROvE OPTICAL | DENTAL | LEgAL | PRESCRIPTION PLANS

$3 MILLION NEW COBA EDUCATION FUNDFINANCIAL ASSISTANCE TO CORRECTION OFFICERS

CONTINUINg EDUCATION

$104 ANNUITY FUND INCREASEBRINgINg A TOTAL CONTRIBUTION TO $1,515 PER MEMBER

$100 WELFARE FUND INCREASE$1,880 PER ACTIvE MEMBER$1,675 PER RETIRED MEMBER

“PATROLLINg THE TOUgHEST PRECINCTS IN NEW YORk”

CONTRACT AT A GLANCE

Year New Base Pay Longevity Night Shift Differential Holiday Pay Uniform Allowance Total Compensation

3/1/19

1st 1.5 Years $45,330.00 $1,804.00 $1,910.00 $1,100.00 $50,144.00

After 1.5 Year $49,459.00 $1,918.00 $2,084.00 $1,100.00 $54,561.00

After 2.5 Years $53,344.00 $2,015.00 $2,248.00 $1,100.00 $58,707.00

After 3.5 years $58,883.00 $2,114.00 $2,482.00 $1,100.00 $64,579.00

After 4.5 Years $63,648.00 $2,192.00 $2,682.00 $1,100.00 $69,622.00

After 5.0 Years $68,012.00 $4,365.00 $2,192.00 $2,866.00 $1,100.00 $78,535.00*

After 5.5 Years $87,211.00 $4,365.00 $4,823.00 $3,860.00 $1,100.00 $101,359.00

After 10 Years $87,211.00 $5,365.00 $4,829.00 $3,902.00 $1,100.00 $102,407.00

After 15 Years $87,211.00 $6,365.00 $4,836.00 $3,944.00 $1,100.00 $103,456.00

After 20 Years $87,211.00 $7,365.00 $4,845.00 $3,986.00 $1,100.00 $104,507.00

CORRECTION OFFICERS GET 2.25% RAISE EFFECTIVE 3/1/2019(DOES NOT INCLUDE OvERTIME)

CORRECTION OFFICERS GET 2.50% RAISE EFFECTIVE 6/1/2020(DOES NOT INCLUDE OvERTIME)

Year New Base Pay Longevity Night Shift Differential Holiday Pay Uniform Allowance Total Compensation

6/1/20

1st 1.5 Years $46,463.00 $1,849.00 $1,958.00 $1,100.00 $51,370.00

After 1.5 Year $50,695.00 $1,966.00 $2,137.00 $1,100.00 $55,898.00

After 2.5 Years $54,678.00 $2,065.00 $2,304.00 $1,100.00 $60,147.00

After 3.5 years $60,355.00 $2,167.00 $2,544.00 $1,100.00 $66,166.00

After 4.5 Years $65,239.00 $2,247.00 $2,750.00 $1,100.00 $71,336.00

After 5 Years $69,712.00 $4,365.00 $2,247.00 $2,934.00 $1,100.00 $80,358.00*

After 5.5 Years $89,391.00 $4,365.00 $4,943.00 $3,951.00 $1,100.00 $103,750.00

After 10 Years $89,391.00 $5,365.00 $4,949.00 $3,994.00 $1,100.00 $104,799.00

After 15 Years $89,391.00 $6,365.00 $4,957.00 $4,036.00 $1,100.00 $105,849.00

After 20 Years $89,391.00 $7,365.00 $4,966.00 $4,078.00 $1,100.00 $106,900.00

CORRECTION OFFICERS GET 3.00% RAISE EFFECTIVE 6/1/2021(DOES NOT INCLUDE OvERTIME)

NEW SALARY CHART

KEY HIGHLIGHTS

Year New Base Pay Longevity Night Shift Differential Holiday Pay Uniform Allowance Total Compensation

6/1/21

1st 1.5 Years $47,857.00 $1,904.00 $2,017.00 $1,100.00 $52,878.00

After 1.5 Year $52,216.00 $2,025.00 $2,201.00 $1,100.00 $57,542.00

After 2.5 Years $56,318.00 $2,127.00 $2,374.00 $1,100.00 $61,919.00

After 3.5 years $62,166.00 $2,232.00 $2,620.00 $1,100.00 $68,118.00

After 4.5 Years $67,196.00 $2,314.00 $2,832.00 $1,100.00 $73,442.00

After 5 Years $67,196.00 $4,730.00 $2,314.00 $3,031.00 $1,100.00 $78,371.00*

After 5.5 Years $92,073.00 $4,730.00 $5,091.00 $4,080.00 $1,100.00 $107,074.00

After 10 Years $92,073.00 $5,730.00 $5,097.00 $4,122.00 $1,100.00 $108,122.00

After 15 Years $92,073.00 $6,730.00 $5,105.00 $4,164.00 $1,100.00 $109,172.00

After 20 Years $92,073.00 $9,007.00 $5,115.00 $4,260.00 $1,100.00 $111,555.00

* UNDER THIS NEW TENTATIVE CONTRACT, CORRECTION OFFICERS GOING FROM 5 YEARS OF SERVICE TO 5 1/2 YEARS OF SERVICE WILL

RECEIVE A SALARY INCREASE OF $27,000 IN THEIR BASE PAY.

Current Base Pay

3/1/18

$44,333.00

$48,371.00

$52,170.00

$57,587.00

$62,247.00

$62,247.00

$85,292.00

$85,292.00

$85,292.00

$85,292.00

COBA’S NON-ECONOMIC CONTRACT GAINSAND WHY THEY’RE IMPORTANT FOR

EVERY CORRECTION OFFICER

The non-economic demands achieved through collective bargaining will benefit Correction Officers as wecontinue to fight to improve our contract. Issues which we were not able to resolve in this round ofbargaining, we will continue to address with the Department and if we cannot come to agreements, wewill look to other forums to fight on behalf of our members.

As to the issues we were able to address during this round of negotiations, each was an issue that waspreviously raised by and on behalf of Correction Officers to the COBA Executive Board. We have eitheralready been in discussions with the City about each of these issues or have grievances or improperpractice petitions filed seeking to address other matters.

SENIORITY

It has been widely known that Correction Officers have been denied a post because they didn’t have thespecific training or skill sets required. Under the current contract language, the Department had the abilityto deny senior officers an assignment, who otherwise were qualified for a post, based on their lack specifictraining or skills. With the new language negotiated in this agreement, the Department must now sendthe senior officer to receive training at the academy so they can attain their desired assignmentswithout being passed over.

GRIEVANCES

Currently, we have more than 36 grievances that are outstanding at STEPS I, II, and III. Some of thesegrievances are more than three years old. The amended grievance and arbitration procedures will allowthe union to rapidly address grievances filed by and on behalf of Correction Officers. Important issuessuch as violations of the Command Discipline Directive and Assignments based on seniority, andcontractual rights the Department of Correction has tried to diminish in the past will be rectified upon theratification of this contract. Upon the ratification of this agreement, all contractural issues pending atStep I and Step II of the grievance process will be reviewed and answered by the Department ofCorrection within 30 days.

CARGO PANTS

In regards to uniforms, at the time the DOC changed the policy, many members from all different facilities,expressed their unhappiness with the change. The COBA responded to the members by filing anImproper Practice petition challenging the actions of the DOC. While the Office of Collective Bargainingultimately held that the type of uniform a Correction Officer wears is within management’s rights, we wereable to successfully argue that officers who were impacted by the change can seek reimbursement offunds if they were required to purchase new pants. In addition, this new proposed contractual provisionallows us to again engage in discussions with the DOC about the cargo pants issue.

NEW DIRECTIVE AND RULES

In regards to new Directives and Rules, the DOC has not consistently provided to the Union a copy of

proposed new Directives and Rules before sending them out to the facilities. Each Board Member has

been aware of this issue and has previously expressed the importance of getting this information before

it is distributed so we can review it and, if needed, take action to prevent any harm to the members.

The new language in our tentative agreement prevents the Department of Correction from issuing and

promulgating a Directive, without first conferring with the union and its representatives on the impact

it will have to Correction Officers.

RELEASE TIME

Some have said that the jails are closing and the department is downsizing, so why would the union need

more people on release time? In the more than three years I’ve served as President, I can tell you we still

represent approximately 10,000 members and their families, while only having 15 people to serve them

on a full-time basis.

Example of New Release Time Deployment: Just like the Department employs personnel to deal with

the Nunez litigation, the Board of Corrections, and the Federal Monitor (some who wear our uniform) there

should be additional personnel assigned to the Executive Board whose sole job is to serve as liaison on

issues like these to the union.

BODY-WORN CAMERAS

In regards to body cameras, this provision memorializes the additional monetary gains we were able to

achieve in recognition of the additional responsibilities of wearing body cameras.

We also secured in previous discussions, the very important change in procedure that allows Correction

Officers who wear body cameras to review the video from the camera before writing a Use of Force

report. We are hopeful that gain will also be applied to any video that is captured on Genetec and we are

actively addressing that issue with the Department.

COBA’S NON-ECONOMIC CONTRACT GAINS (continued)

NEW BODY SCANNERS

Getting more advanced body scanners in our jails has been a top priority ever since they were removed severalyears ago. We fought a two-year battle in the New York State Legislature to authorize the Department ofCorrection to bring these scanners back and we won. These units drive down violence by enabling CorrectionOfficers to scan for non-metallic weapons hidden within the body cavities of inmates.

NEW CELL DOORS AT RNDC

We were successful in getting the Department of Correction to install 250 new Willow Wedge securedoors at RNDC replacing the old dilapidated swing door locks that were increasingly becoming difficultto completely close and to secure inmates.

SPIT MASKS

We were successful in getting the Department of Correction to institute the use of spit masks with inmateswho spit or threaten to spit at any Correction Officers.

CONSECUTIVE SENTENCES FORASSAULTIVE INMATES

COBA has successfully lobbied New York City District Attorneys to ensure the assailants of CorrectionOfficers are brought to justice by handing them with consecutive sentences on top of whatever sentencethey’re currently serving for past crimes.

ENHANCED SAFETY AND SECURITY POLICIES FOR CORRECTION OFFICERS

(NOT SUBJECT TO CONTRACT NEgOTIATIONS)

There were questions asked and statements made at the last Delegates meeting where some of youexpressed concerns about not seeing anything concerning safety issues or what’s being done aboutinmates who assaulted Correction Officers. There were also questions and statements concerning whythere wasn’t anything in the contract in relation to being able to charge supervisors or managers whofailed to follow the DOC rules. There are issues and demands handled through collective bargaininglike those indicated in our contract. There are issues regarding policy and policy changes that arenegotiated with the Department and the City that’s not covered or addressed through collectivebargaining such as new cell doors and spit masks.

There are safety issues that we addressed through legislation such as the body scanners. We alsoaddressed issues such as workplace violence through lawsuits and improper practice charges againstthe Department. There are numerous levels on which the Union has fought on behalf of our members.These fights don’t stop with the signing of this agreement. They continue.

IMPROPER PRACTICE LAWSUITWORK PLACE VIOLENCE

COBA v. City of New York, Index No. 24054/16E (Franco, JSC, July 8, 2019) COBA alleged the Departmentof Correction failed to properly train and equip officers when they supervised the most dangerous inmates,and in doing so endangered officers and their right to a safe workplace. COBA claimed, specifically, thatthe City failed to provide a workplace that is “free from recognized hazards that are causing or are likelyto cause death or serious physical harm to its employees and which will provide reasonable and adequateprotection to the lives, safety or health of its employees,” as Labor Law section 27-a reads. We claimedthe City inadequately trained and not sufficiently equipped—with, for instance, spit-masks, mittens andrestraints—to effectively oversee that violent jail population. The city sought to dismiss the case. The Courtdenied the City’s motion, and held that COBA properly alleged the "DOC has failed to address what is asmall population of predatory inmates who cause the largest and gravest types of injuries to CorrectionOfficers, as well as others within the system." This includes, not only equipment, but also policy andprocedures to deal with these inmates.

IMPROPER PRACTICE LAWSUIT AGAINST BOARD OF CORRECTIONS

The New York City Board of Correction has pending before it a proposed new rule again restricting theuse of punitive segregation. COBA filed an Improper Practice Charge with the New York City Board ofCollective Bargaining challenging the proposed rule. COBA claims that the City has a duty to bargain beforeany of its agencies, including the Board of Correction, may impose rules which are likely to make CorrectionOfficer work more dangerous. We emphasize that many of the assaults on Officers since the BOC's earlierpunitive segregation rules would not have occurred because the inmates would have been in segregationat the time of the assaults. Our goal is to prevent any new restrictions from being put into place andforcing the City to bargain with COBA so as to protect Officers from assaultive inmates.

PRESERVING OUR PEACE OFFICER STATUSAND FIREARM PRIVILEGES

In 2018, legislation was drafted by the State Department of Criminal Justice Services, as a blanket widebill designed to address the State's needs for determining which officials may be granted Peace Officerstatus. The legislation included language which would have limited peace officer status to times whenCorrection Officers were acting pursuant to their special duties, effectively making Correction Officers“part time” Peace Officers. The bill languished and was not pushed by its sponsors. The Governor pushedto include the language of the bill in his 2019 Budget proposal. COBA led a coalition of Peace Officergroups to defeat the legislation, preserving both our Peace Officer status and our Firearm Privileges.

FIGHT AGAINST THE COMPLETE ELIMINATIONOF PUNITIVE SEGREGATION IN NEW YORK CITY JAILS

STATE LEVEL

The Humane Alternatives to Long-Term Solitary Confinement Act otherwise known as the “HALT BILL”

was introduced in the New York State Legislature in 2019. If passed, it would have restricted the use of

punitive segregation throughout the state and set strict caps for the duration of punitive segregation fifteen

consecutive days or 20 total days in any two-month period. COBA, along with a coalition of correction

unions from across the state lobbied vigorously to oppose this legislation, which ultimately never made

it for a vote in the State Senate.

CITY LEVEL

Even though HALT was defeated, for the time being, at the state level, at the city level, the Board of

Correction proposed to implement HALT’s most dangerous provision completely eliminating punitive

segregation in the City’s Jails, even for inmates who had stabbed, slashed, or assaulted a Correction Officer.

Through intensive lobbying COBA secured punitive segregation for assaultive inmates over 21 years old.

WE ARE STILL NEGOTIATING THE FOLLOWING ISSUES TO NAME A FEW:

• For Correction Officers to be put back on the payroll after 30days suspension without pay.

• We are still fighting to view the genetec before writing areport and a host of other issues and demands.

SAFETY CONCERNS (continued)

WE ENCOURAGE YOU TO WRITE DOWN YOURQUESTIONS BEFORE THE COBA DELEGATES MEETING

FEEL FREE TO E-MAIL US YOUR qUESTIONS ATCOBACONTRACT2020@COBANYC.ORg

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