Union & Health Issues, Events, Fundraisers & Benefits

• E293, E44 Stay Open & Squad 252 Stays Put!
• Special Election for Queens Trustee
• Manning
• Firehouse Closings
• DC Lobbying
• Financial Report
• Health and Safety
• Cornell Study
• IAFF Help
• 1127 Commuter Tax Repeal Needs Your Help!
• Medical Office Appearance Postponements
• Interviews of FFs by Corporation Counsel
• Delegate Manual Update Recommendation Form
• Claims Deadline for the 9/11 Victims' Compensation Fund

Events, Help, Fundraisers & Benefits:

• Rally for WTC Firefighters’ Memorial on May 28
• Paddy Skehill’s All-Stars 8th Annual Softball Tournament
• FF Dennis McHugh Comedy Night & Silent Auction
• Annual FD – PD Gaelic Football Game
• FF Thomas J. Foley Scholarship
• Body Scanning Facility Closes (New Facility Announced)
• Lt. Williams Volleyball Tournament
• 3rd Annual FDNY Night at Brooklyn Cyclone Stadium
• King of the Ice Hockey Tournamant Winners

E293, E44 Stay Open & Squad 252 Stays Put!
Mayor Bloomberg reversed his decision to close two firehouses and will also keep Squad 252 inBrooklyn. He also announced that he is no longer considering closing an additional 40 companies. TheUFAthanks all members for their sustained efforts and sacrifices in keeping the public informed and getting local communities involved in conducting rallies, spreading the word and signing petitions. Through utilizing the media, the courts and publicizing the facts while working with City Council and our local communities, the Executive Board and membership together were able to make a difference. Unfortunately, as noted on D.O. #45, the Mayor has still decided to close E36, E204, E209, E212, E261 and E278 on Sunday, May25 at 0900 hours. We are surprised and extremely disappointed that the Mayor refused to accept private funding to keep firehouses open. This is particularly disturbing since he is actively soliciting private funding for libraries. We will continue our efforts to reverse these decisions, and are sad that many lives will unnecessarily be endangered once these houses are closed.

Special Election for Queens Trustees
Due to the resignation of the current Queens Trustee, effective June 1, 2003, a special election must be held, pursuant to Article VI, Section 6, of the UFA Constitution, to fill the vacancy within 60 days from June 1st. Nominations to the office of Queens Trustee will be made during the General Membership Meeting of June 12 at 10am at the JFK Ramada Inn in Queens. Pursuant to Article VI of the Constitution, any person wishing to be nominated for the position of Queens Trustee must submit a petition to be received at the Recording Secretary’s office no later than June 6th at 5pm containing the signatures of at least 50 active members from Queens supporting the nomination. The petition must contain the name of the person being nominated and the fact that the nomination is for the office of Queens Trustee.

Any person nominated at the above meeting must, within ten days, either accept or refuse the nomination, in writing, submitting it in person or by certified mail to the Recording Secretary. If a nominee accepts the nomination, he/she must also sign an agreement to be bound by the provisions of Article V, Section 5, paragraphs (a) and (b) of the Constitution. The Recording Secretary will distribute the appropriate forms to those persons nominated. Not less than 14 nor more than 21 days after the nomination process is complete, the American Arbitration Association (AAA) shall mail the printed ballots to all eligible voters in the borough of Queens. The ballots must be signed and returned to the AAA on or before the date set forth in the ballot.

If there are more than two candidates for the office of Queens Trustee and no candidate receives a majority of the votes cast on the first ballot, there shall be a second ballot between the two candidates receiving the greatest number of votes on the first ballot. The person elected as the new Queens Trustee will assume his duties immediately after the results of the election are certified as final by the AAA.

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Manning
As a result of a lawsuit that was filed against the City in regards to the manning reductions, the UFA received a preliminary injunction on May 2, 2003. This injunction forbids the City from reducing manning until the conclusion of a trial on the matter, but also requires that the UFA post what is known as an undertaking. This undertaking is essentially an insurance policy for the City that would cover the savings estimated by the City had it been able to reduce manning during the pending appeal period and would be required to be paid should the UFA ultimately lose its case. This savings’ estimate of $43,000 a day was provided by the City and would accrue for the expected 117 day period pending the appeal. However, the UFA has rejected the City’s undertaking because of its expected total cost of $6.5 million. The UFA is aggressively fighting against this dollar figure. A decision is expected in the next few days. However, it is important to note that this does not impact our position in the pending court case. But it does allow the city to reduce manning during the interim prior to the court decision if the bond is not posted, if it should choose to do so. The Appeal Argument is currently scheduled for June 17, 2003 at which point, a more final determination will be made by the Courts.

In addition to the lawsuit activities, the UFA is also pursuing funding for a national manning study. The results of this study will be invaluable in providing us the evidence that manning reductions invariably will result in loss of life and property.

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Firehouse Closings
The UFA filed a safety impact bargaining petition along with a request for injunctive relief to the NYC Board of Collective Bargaining to prevent closings. This filing was aimed at exposing the inherent risks to both the public and our members should the closings occur, and therefore it is our position that this issue must be subject to bargaining before any action can be taken. The Board of Collective Bargaining denied the petition for injunctive relief in a heated meeting by a 5 against 2 vote. However, safety impact hearings will be ordered to address the closings in the next few weeks. The UFA and UFA Labor Council Mike Axelrod are also assisting the City Council in a second, independent lawsuit against the firehouse closings.

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DC Lobbying
We continue our aggressive lobbying activities on the national, state and city levels. Notably, several weeks ago, members of the Executive Board were in Washington again to meet with members of the NY Congressional delegation, the Congressional Fire Services Caucus and Bush Administration. In these meetings, we discussed issues surrounding the FDNY’s important role in Homeland Security and related funding for our efforts in this area, firehouse closings and manning. Our lobbying efforts have resulted in an increased amount of financial aid for Homeland Security for NYC, and now, New York stands to receive approximately $200 million. Because of our meetings with Washington officials and the resultant support, it is expected that the FDNY will receive a larger than initially anticipated portion of this money for training, equipment and terrorism preparedness..

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Financial Report
The Treasurer’s Office distributed the annual financial report at the last union meeting on Friday, May 9, 2003. It was also mailed to each delegate’s residence and firehouse for your information.

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Health and Safety
Recently, the Health and Safety Office compiled a 120-page report documenting the many shortcomings of the Department regarding critical health and safety issues. This report contains nine months of suggestions, recommendations, demands and testimonies that we have submitted to the FDNY regarding the health and safety of our members. While the Department was less than happy with this report, the Commissioner, in a written letter to Steve Cassidy acknowledged that many of the issues that were presented in our communications were, in fact, valid and needed to be addressed. We expect that we will be meeting with the Department over the next few weeks to begin discussions on a number of these issues.

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Cornell Study
The Cornell University Traumatic Stress, Workplace Conditions and Well-being Study will be going out into the field this coming week. This survey is a tremendously important undertaking that will benefit all New York City firefighters. It is designed to give you the opportunity to voice your opinion on the many issues that you face on a daily basis. In order to improve firehouse conditions, training, equipment, management and the overall health and safety of our membership, we need concrete data detailing the inadequacies in the FDNY. We believe this study and its results will be critical in our ability to better define UFA strategies to accomplish important changes for you in many of these issues. If your company has been chosen to participate in this important task, please take the time and fill out the survey. We need 100% participation in order for us to ensure that it will be an effective tool for both us and you.

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IAFF Help
We would like to thank the IAFF for their continued financial support. Recently, the IAFF has donated $50,000.00 to the FDNY Emerald Society Pipe and Drum Band. In addition, they have also funded the UFA with approximately $20,000.00 for utilization in our media campaign aimed at preventing firehouse closings.

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1127 Commuter Tax Repeal Needs Your Help!
As the budget negotiations continue in Albany, there has been talk of reinstating a new “commuter tax.” The UFA has joined forces along with all unions affected by the “1127” tax to ensure that all of our members are treated like every other commuter. Our position is that we are willing to pay whatever commuter tax is reinstated--as long as “1127” is repealed. We have made it known in Albany that we will lobby against any new tax that does not include repeal of “1127.” All members residing outside city limits had 4 postcards mailed to their residences last month for mailing to your State Assembly and Senate members. If you are married have your spouse do the same. If not, have someone else in your house fill it out. The only chance we have at repealing “1127” is by making sure the legislators know how our members feel! We need 100% compliance in order to be effective.

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Medical Office Appearance Postponements
It is a violation of a Federal Court Stipulation if any member is instructed by the Dept. to remain confined in residence when calling to postpone a Medical Office appearance. The March 24, 1996 Stipulation Of & Order Of Settlement and Discontinuance recorded in U.S. District Court prohibits confinement to residence while on medical leave as follows:

“All members, unless they have been placed on SMLP, are not restricted to their residence, are exempt from any home visitation or telephone calls while on medical leave...”

The Department has advised that members calling for postponements should be aware of Dept. PA/ID 2-87, which notes that Medical Office appearances while on medical leave may only be postponed “if the member is non-ambulatory (unable to travel).”

It has also come the the attention of the UFA that members are being ordered by the Medical Office to appear at the medical office on the same day they report sick. If you are non-ambulatory due to an illness or injury, advise the Medical Office of this fact and request to schedule an appearance for a later date.

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Interviews of FFs by Corporation Counsel
More than 1,000 firefighters have brought claims against the City ofNew Yorkfor respiratory injuries caused by the City's failure to provide appropriate respiratory protection during the weeks following9/11/01at theWorldTradeCenter. We are now advised that the City's attorneys may be contacting firefighters who did not bring claims, but worked at the site, and requiring them to appear for interviews about their knowledge of the events that transpired in the weeks following the tragedy. If any firefighter receives notification to appear to be interviewed by the Office of the Corporation Counsel, we strongly urge and recommend that he/she notify his/her Borough Trustee before appearing. We want to make sure that the firefighter fully understands his/her rights and the context within which these interviews will take place. If you have any questions, please call your Borough Trustee.

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Delegate Manual Update Recommendation Form
Forward your recommendations for improvements & upgrades on this form, which is in the mail with the hard copy of this 65-2, and forward to the Recording Secretary’s office. Instructions are on the form. We are confident that your experience, recommendations and input will make significant contributions as we work to make this Delegate Manual an even more productive Delegate tool to help members of your firehouses in many areas. This manual should be your first ‘go-to’ place BEFORE taking any action as a Delegate! You’ll be surprised at how many questions are answered here.

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Claims Deadline for the 9/11 Victims' Compensation Fund
Currently, there are hundreds of firefighters who have filed claims with the Victims' Compensation Fund (VCF) or who intend to do so in the very near future. It appears that the VCF may provide substantial benefits to those who have suffered serious physical or respiratory problems as a result of 9/11. There may be numerous firefighters who have not yet filed or explored the possibility of filing a claim with the VCF. Please note that the UFA General Counsel, Mike Block, is representing individuals before the Fund on a "pro bono" basis.

It is most important to note that the deadline for filing a claim with the VCF is December 20, 2003. If a claim is not filed by that time, it is forever extinguished. Accordingly, if you believe you were injured as a result of the events of 9/11/01 and you have not retained counsel, please do so immediately. Do not wait until the last moment and certainly make sure a filing has been made on your behalf before the 12/20/03 deadline. Questions? Call Mike Block’s firm, Sullivan Papain Block McGrath & Cannavo, PC at 212-732-9000.

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Rally for WTC Firefighters’ Memorial on May 28
The Lower Manhattan Development Corp.(LMDC), a joint NYS & NYC corporation headed by the Governor & Mayor, is responsible for developing the memorials at the WTC. In a controversial decision, it has decided that the World Trade Center Memorial will not acknowledge the courage and sacrifice of the Uniformed Rescue Workers killed on 9-11. Unfortunately, we must once again fight for what is right. Please attend this important event, wearing bunker gear, in support of our fallen brothers on Wednesday, May 28, 2003 at 4:30pm in front of the Borough of Manhattan Community College (c/o West St. & Chambers St. near Ground Zero). This event takes place immediately before the LMDC public input meeting at the same location, where our firefighters, police officers and 9-11 family members will be speaking inside to the LMDC.

Members or friends can visit ‘Advocates For A 9/11 Fallen Heroes Memorial’, which is conducting the event with full UFA & UFOA support, at www.FDNYfirefighters.com, and also fill out the on-line petition, or call John Finucane (ret) 845-548-4234, Patrick McCarvill (E92) 914-237-1075 or Jimmy McCaffrey (L31) 914-776-5737. Previously faxed to all firehouses.

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Paddy Skehill’s All-Stars 8th Annual Softball Tournament
The Skehill Foundation was formed in the memory of FF Patrick Skehill (E-40 L-35), who was lost to cancer at age 37. All proceeds are donated to the Thomas Elsasser Fund, and other charities. Saturday, May 31, 9am, Van Courtlandt Park Parade Grounds (softball fields at W. 250 St. & Broadway). Reception from 3pm to 11pm in Gaelic Park (W. 240 St. & Broadway), Bronx. Rain or Shine! Team entry deadline 5/25. $250 per team. Call 718-543-8854 or visit www.skehill.com. Previously faxed to all firehouses.

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FF Dennis McHugh Comedy Night & Silent Auction
Features Comedians from Manhattan’s Gotham Comedy Club. Saturday, June 7th, 7pm, Tappan Zee HS Auditorium. Proceeds fund construction of the Dennis P. McHugh Library in Piermont, NY. Students $20, adults $30. Checks payable (by May 24) to Dennis P. McHugh Foundation, Anne Hinchcliffe Nevin, 21 Wilson Rd., Brewster, NY 10509, or on line at www.dennispmchugh.org. Call 845-279-4439 for info. Previously faxed to all firehouses.

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Annual FD – PD Gaelic Football Game
Friday, June 20, 5pm in Gaelic Park (Broadway & W. 240 St.), Bronx. Also a 50/50 raffle will help fund the team 2003 trip to Ireland. Tickets are $10. Info: Pete Hannon E-95 718-364-0284, Billy Horan E-292 718-994-7989, Billy Nolan E-264 516-889-4645. Previously faxed to all firehouses.

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Fraternally,