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COBA HEADQUARTERS

7 7 - 1 0 2 1 s t Av e n u e E a s t E l m h u r s t , N .Y. 1 1 3 7 0 • T: 7 1 8 . 5 4 5 . C O B A [ 2 6 2 2 ] • F : 7 1 8 . 5 4 5 . 2 6 6 8

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COBA'S AGGRESSIVE LEGAL ACTIONS PREVENTSCORRECTION OFFICERS FROM WORKING TRIPLE TOURS

OF DUTY AND POSTPONES VIRTUAL OATH TRIALS

In April, 2020 at the height of the Coronavirus pandemic, Koehler & Isaacs, as General Counsel to the Correction Officers'Benevolent Association (COBA), sued the City of New York, seeking a judicial order that would prevent Correction Officersfrom being forced to work triple tours of duty. The lawsuit also sought a judicial order compelling Correction Officers to testnegative for COVID-19, prior to returning back to work if they had previously tested positive or self- quarantined. At the time,well over 1,000 Correction Officers had tested positive for COVID-19 and many more were out sick.

As a result, the New York City Department of Correction ordered a number of Correction Officers to work triple tours ofduty, often forcing them to miss meals and jeopardize their physical health and welfare. COBA's initial request for a temporaryrestraining order was denied and the case was adjourned to allow the court to hear further arguments. Upon further reviewby a different Judge, Judge Pamela Jackman-Brown, COBA's request was granted and a preliminary injunction is now inplace, preventing the City of New York from ordering Correction Officers to work triple tours of duty, pending furtherproceedings and a possible trial. Commenting on the significance of Judge Jackman-Brown's decision, COBA's Attorney,Steven Isaacs, said, "The granting of a preliminary injunction against the City of New York is an extraordinary measure thatis rarely achieved. In this action, we maintained that the Department of Correction violated the fundamental rights ofCorrection Officers to bodily integrity protection, which is firmly established under our State Constitution." In addition toJudge Blackman-Brown's decision, Mayor Bill de Blaisio, in a rare move, explicitly agreed that the practice of triple tourswas a "horrible, dumb mistake" and would not be allowed moving forward. Concerning the issue of negative testing, theJudge denied COBA's request for an order requiring negative testing, maintaining that the science is very unclear as to thebest testing measures and that the City is following CDC guidelines.

"There is no higher priority for us than ensuring our members work under the safest working conditions possible," saidCOBA President Benny Boscio. "We are pleased that the Judge in this matter agreed with our arguments over triple toursand we will continue to hold the Department of Correction accountable whenever it violates our employment rights. Thisinjunction will maintain even greater significance if a second wave of COVID-19 hits our jails again, forcing our members toself-quarantine."

In another important legal victory for COBA, COBA's Attorneys, Koehler and Isaacs, were successful in temporarily preventingthe Office of Trials and Administrative Hearings (OATH) from holding virtual disciplinary hearings for Correction Officers,which would have posed serious implications for the rights of Correction Officers litigating their disciplinary charges in apotentially public forum. The union will pursue this litigation in a trial expected to be held in November.

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July 15, 2020

CORRECTION OFFICERS’ BENEVOLENT ASSOCIATION, INC.“PATROLLING THE TOUGHEST PRECINCTS IN NEW YORK”

A Message from COBA President

BENNY BOSCIO