• Past President Reports

Special Business

Delegate Education Seminar
Registration at Recording Secretary / SBF Table Today
You can submit your reservation forms and payment at the Recording Secretary/SBF Table today. Ask for Jimmy Dahl. See items #16 & 17 below for more Seminar info.

SBF Help Table Today
Members who require help regarding dental, prescription drugs, optical or any other benefits provided via the UFA SBF should visit the SBF table today. SBF personnel are there to help you.

Pick Up At Your Trustee Table Today:

• FDNY Pension Manual (Delegate Manual Chapter 5)
• Special 65-2 #18 of 2012, Visitors at Quarters
• Photos for ID Cards at Today's Meeting Canceled
  Photos canceled due to photographer's family emergency

Today's Agenda

1. Union Meeting Locations
The June General Membership Meeting is scheduled to take place here, the Hilton New York JFK Airport Hotel. The May meeting will take place during the Delegate Education Seminar. Delegate release time is only for the meeting date (May 11), not for May 8, 9 or 10.

2. Special Election Success
The UFA would like to thank the over 150 members who turned out on March 20th for the Special election to fill the vacant assembly seats. Both candidates the UFA supported and worked for won their elections. The candidates and campaign staff were impressed by our turn out. The winners, Shelley Mayer and Frank Skartados, thanked us for our efforts in helping them to get elected. On behalf of the UFA Executive Board, a big thanks to all members who turned out. We look forward to your participation in the next election.

3. Congressional Election Tuesday June 26th
The Primary election for the Congressional seat will be held on June 26th. On March 29th the UFA endorsed City Council Fire & Criminal Justice Chair Liz Crowley for the vacant US House of Representative seat in the 6th Congressional district. Liz has been a fine supporter of Firefighters and issues important to us, and has fought to keep firehouses open. Based on her past record and position on all of our issues, we found Liz to be the best candidate to represent the UFA and people of 6th district in Congress. Once again, we will be looking for volunteers in the Get-Out-The-Vote operation for this election. If you would like to get involved, please e-mail your information (name, company and phone number) to PAC@ufanyc.org. We will need a big turn out of UFA members to help Liz get elected in what will be a close vote for the Primary.

4. Pension Reform
Pension legislation was passed (Tier VI) March 14th that will affect all City and State employees hired after April 1, 2012. As you are well aware, on June 3, 2009, former Governor Patterson vetoed the Tier II Pension Extender, which effectively placed new police and fire (NYC) hires into Tier III. All UFA members are currently in Tier II. Changes will only affect future hires. We do not anticipate any hiring to take place for at least another year. We hope to be able to make changes to get back protections that current UFA members have.

5. FDNY Pension Manual
Delegate Manual Chapter 5 of the Retirement & Money Book is at your Trustee table today. It contains the FDNY Pension Manual, which is published by the Department. It answers many questions regarding pension laws affecting all current members. It is important to note that FAQs and additional pension laws are listed in the back pages that impact topics explained in other sections of the manual. Please update your Delegate Manual and your members. Additional copies are available upon request to UFA Recording Secretary Joe Miccio.

6. Special 65-2: Visitors at Quarters
Any time visitors arrive at the firehouse, the house watchman should request identification AND record the names in the Journal. The house watchman should also record the times of arrival and departure of the visitors. Finally, unless ordered not to do so, the house watchman should also immediately notify the Officer on the arrival of visitors. See 65-2 #18, which was mailed to all firehouses and Delegate Residences, prepared by UFA General Counsel Mike Block.

7. Vulcan Lawsuit: Test Administration Nearly Complete
The administration of the new Firefighter entry exam is nearly over. It is expected to end on April 20. No scoring system has yet been approved by the Judge presiding over the Vulcan lawsuit. The Court is now involved in setting procedures for the awarding of damage claims. We expect that it will take several months for these issues to be resolved.

8. City's Motion to Dismiss UFA Roster Staffing Appeal Denied
As you know, the UFA and UFOA filed a joint petition on January 31, 2011, alleging that the City's elimination of the 5th FF in the 60 Engines as set forth in the Roster Staffing Agreement violated its requirement to negotiate, as well as created a negative safety impact. In its Interim Decision, the BCB dismissed the unions' allegations of a violation of the duty to negotiate, but found that the unions had set forth sufficient facts to warrant a hearing to determine whether the reduction in staffing has a practical impact on the safety of FFs.

With regard to the dismissal of the unions' claims relative to the City's duty to negotiate, the UFA filed an appeal of that part of the decision on July 29th in the N.Y. County Supreme Court. The City and BCB filed cross-motions to dismiss the UFA's appeal. We are pleased to report that on February 8, 2012 the NYS Supreme Court denied the City's and BCB's applications to dismiss the UFA's Article 78 application. The UFA's case will now proceed through the NYS Supreme Court seeking an order annulling part of the BCB's Interim Decision dated June 29, 2011, which held that the City was not required to negotiate its unilateral decision to reduce fire engine company staffing levels. The City must file their answer to the UFA's Article 78 Petition by April 30, 2012. The BCB's Interim Decision and the Supreme Court's Decision and Order are posted HERE

9. Roster Staffing Hearing Updates & Discovery Requests
The UFA and UFOA filed their joint Discovery Request upon the City in October for the safety impact hearing. The City delivered 17 cases of documents and six compact disks in response. The Office of Collective Bargaining has appointed Theodore St. Antoine, former Dean of the University Of Michigan School Of Law, as the Trial Examiner who will preside over the safety impact hearing. On February 7, 2012, UFA Labor Counsel held a status conference call with Trial Examiner St. Antoine and the City's attorneys from the Proskauer law firm. The UFA Executive Board thanks all members from former 5-FF engines who worked to pull first due 10-75 info last month and forward it to us for this case. The UFA submitted, on February 28th, its Supplemental Discovery request to the City for the Incident History Reports, CD-72s and battalion audio tapes of all 10-75s provided, in addition to other information and documents. The City's response is expected in the next 2 weeks.

10. UCT Case Update & Court Ordered Subpoena Against City
The Unified Call Taker hearings at the OCB took place in 2011 on June 21, July 19, August 2, August 4, October 6, November 18, December 21; and in 2012 on January 19 and January 25, February 24, February 28 and March 5th. The UFA and UFOA are working together on this case. Additional hearings are scheduled in April. During the February hearings, the UFA/UFOA requested all documents concerning the study of the UCT system conducted by an independent consulting firm. The City refused to provide the documents. The BCB does not have authority under the Labor Law to compel the City to produce documents. Therefore, the UFA filed with the NYS Supreme Court to order the City to produce the requested information. On February 29, 2012, NYS Supreme Court issued a 'So-Ordered Judicial Subpoena Duces Tecum,' which compels the City to comply with UFA Discovery Requests for the UCT Study documents, and certain additional information the City refused to produce by March 30th.

On the day that the City was supposed to produce all drafts and versions of the UCT consulting report, known as the "911 Call Processing Review," the City filed a motion to quash the February 29, 2012 judicial subpoena that required the production of the documents. The UFA opposed the City's motion to quash. On April 9, 2012, the New York Supreme Court agreed with the UFA and denied the motion. The "911 Call Processing Review" was then ordered to be produced by April 16, 2012. The City has appealed the denial of this motion to the Appellate Division, First Department. The UFA is filing a motion with the Appellate Division to require the City's appeal to be processed in a dramatically expedited manner.

11. City Budget
FDNY reported that the following companies were slated to be closed last year: Engines: 4, 26, 46, 60, 157, 161, 205, 206, 218, 220, 233, 284, 294, 306, 328, and Ladders: 8, 53, 104, 128, 161. See the FDNY Report distributed at the February Union meeting. The City announced in its proposed 2012-13 fiscal year budget that it once again plans to close 20 units. Steve will update the membership today.

12. Start-of-Tour Under / Reduced Staffing Grievance
The UFA filed this grievance in June. The Department has indicated a willingness to address this issue in a manner to preclude the necessity of an arbitration regarding this grievance. The UFA met with the Department on January 26 to address the issue with the objective of eliminating this practice. We will advise the membership if the Department follows up with resolutions that we believe will address the underlying issues in our grievance. In the interim, if your company is ordered to ride either Under Staffed (3 or fewer FFs in an Engine) or Reduced Staffed (4 FFs in a Truck) at the start of the tour, you must fax the 'Starting Tour Understaffed' Form and your Officer's Unusual Occurrence Report (if available) to the UFA, Attn: Joseph Miccio, Recording Secretary, at 212-683-4359, which will help our case. Remember to immediately notify the UFA if any Firefighter or civilian is seriously injured due to this staffing reduction!

13. Understaffed Unit Injury Reporting
Any member who becomes injured in the Line-of-Duty while working in an *Understaffed Engine or Under/Reduced Staffed Ladder is requested to notify your Delegate. The Delegate or another member of the unit should fax a copy of the Officer's Unusual Occurrence Report (if prepared by your Officer) and any additional pertinent information to the UFA at 212-683-4359 or 212-683-0710, ATTN: Joe Miccio, Recording Secretary. Immediately notify the UFA if any firefighter or civilian is seriously injured due to this staffing reduction!

*UNDERSTAFFED UNIT: Per AUC 287, any engine or ladder riding with fewer than 4 Firefighters (3 or less) is Understaffed. A ladder riding with 4 Firefighters is defined as 'Reduced Staffed Unit'.

14. Return Your Parking Placard # List to UFA
If you have not done so already, Delegates must record placard number assignments, then fax (or mail) the provided company placard roster list to the Recording Secretary's office, ATTN Joseph Miccio at 212-683-4359 (or 212-683-0710 if the first line busy). Enter the placard permit #s given to each member, and company roster changes. Delegates should keep a copy for their records.

15. Delegate Education Seminar:
Discount Deadline Has Passed!!!! Late Registration at Recording Secretary Table Today
Check the registration list at your Trustee table today to verify you are registered. If you are not on the list, ask for Jimmy Dahl at the SBF/Recording Secretary table today. Payment must have already been received at the UFA to guarantee your discounted rate (The UFA will do what it can to secure discounted rates for Delegates who submit payment today at the Recording Secretary/SBF Table). Seminar registration & hotel room reservations must be made by check only, payable to the 'UFA' (phone registration cannot be accepted), along with the proper form. If this can not be addressed today you'll need to make your room reservation by credit card directly with the hotel at the full-price per-night rate--if rooms are still available. If this is your first Delegate Educational Seminar, you can familiarize yourself by reviewing last year's agenda and program activity book HERE. You can also check out the latest notices for this year's Seminar. Location/Dates: Trump Taj Mahal, Atlantic City, Tuesday, May 8, 2012 thru Friday, May 11, 2012.

16. Delegate Seminar Topics: Poll Your Members
Many of our members depend heavily upon their Delegates for guidance and important information. Delegates should poll their members prior to attending the seminar so they may have answers to their members' questions when they return. Topics to be addressed this year include: UFA State of the Union Address, UFA Media & PR strategies, Compensation Accrual Fund (your annuity investing), Deferred Compensation Plan (457, 401k, & IRA), Pension Reform, New On-Line FDNY Pension Statements, Disability Pensions, Retirement Planning, UFA Dental / Optical / Prescription Drug plans, New Protective Gear, FDNY Research & Development, Cancer, Medical Office issues, UFA Criminal Counsel, UCT & Roster Staffing Cases, Grievances & Improper Practices, Being an Effective Delegate, 50% Indicator, Pension Loans, ITHP, Roth IRAs, NYS College Savings Program, Health & Safety issues, Firefighter Legislation & Political action, Pension Planning by the FDNY Pension Unit, Marsh Catastrophic Insurances and more. In addition, many representatives from health care companies, mortgage companies, financial advisors and others will have exhibit tables and be distributing literature. You can also check out the latest notices for this year's Seminar HERE. Contact your Delegate if you are looking for info. Seminar dates: May 8 - 11, 2012.

17. Marsh Catastrophic Policies: Revised Updates at Seminar
At the Delegate Education Seminar, Marsh will be providing details of its new Catastrophic Policy that will be available to members in the near future. The current policy is not exempt from Healthcare Reform laws and could not be offered going forward. Marsh reports that while the new plan has some benefit variations, it will still have many of the components that UFA members and their families have counted on for over 25 years.

18. 2012 FICA Refunds in April 13 Paycheck
Per Dept Order # 25 of 2012, "FICA Refunds for 2011 LODI were included on the April 13, 2012 paycheck. The amount of the refund is indicated as 'FICA Refund' and is listed in the deduction section at the bottom of your check stub as a negative deduction or as deduction code "9005" on Employee Self Service (ESS). The amount of your FICA refund is simply added to your net pay and does not affect 2012 earnings or 2012 FICA/Medicare earnings or withholding. The amount of the FICA Refund depends on various factors such as when the LODI was incurred, and whether or not the maximum FICA withholding was reached. For example, a member who already reached the maximum FICA withholding (4.2% of $106,800 or $4,485.60) before incurring LODI, will only have the Medicare portion (1.45%) refunded. Since the FICA Refund is indicated as a negative deduction, it is possible for members with large amounts of LODI to have a FICA Refund in excess of other total deductions. In these cases, the 'Total Deductions' amount on a member's check stub could indicate a negative number."

Fraternally,

Stephen J. Cassidy,
President