65-2 #31 April 25, 2008

Union Issues


1. Rescheduled May & June Union Meetings
The May 8 Union Meeting is rescheduled to take place on Friday, May 16, in Atlantic City at the Trump Taj Mahal, the last day of the Delegate Education Seminar. The June 12 Union Meeting has been rescheduled to Thursday, June 19. This is due to the District Caucus in Albany taking place at that time. Please insure that these dates are adjusted on all your personal and firehouse calendars.

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2. Lobby Day in Albany June 10th
Firefighters once again will be traveling to Albany in support of various UFA Bills. All members will be receiving a legislative packet at home in the coming weeks. They will also receive a form that they are asked to fax back to the UFA regarding their participation in Lobby Day or they can register on the UFA website. Delegates should be compiling a list of those members that will be attending. It is essential that we once again have a large turnout to help advance the UFA legislative agenda.

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3. Contract: Battalion Delegates Met on April 17
The Battalion Advisory Committee met with the UFA Executive Board, to discuss the upcoming round of contract negotiations, on April 17th. A Field Safety Committee meeting followed the Battalion Advisory Committee meeting. Company Delegates should contact their Battalion Delegate for an update.

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4. CFR-D: Opting Out
The CFR-D Agreement, which was signed by the City and the UFA in 1995, contains the following language: "Opting Out: The FD will consider requests by FFs to opt-out of the CFR-D program upon expiration of the FFs CFR-D certification. When practicable, the FD will facilitate transfers for those who wish to be reassigned to a ladder or engine company." Chief Cassano stated to the UFA at the March 7 Labor-Management Meeting that he has never approved any requests to opt out. He also said that all members who were previously CFR-D certified will have to get recertified, but that those who were never certified will not be required to become certified. Members who wish to opt out are still advised to submit such requests in writing to their Officers. NOTE: You are entitled to written (and signed) approvals or denials, when submitting formal written requests through channels. It is the UFA's position that you do not have to take the CFR-D refresher course until you receive a written and signed response to your request. Any members who still have copies of previous written approvals, or recent disapprovals, should fax them to UFA Recording Secretary Joe Miccio at 212-683-4359. The Executive Board and labor counsel Mike Axelrod are reviewing recent Dept Orders and new policies regarding this issue, and will address them as appropriate.

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5. Joint UFA-UFOA Board Meeting
A meeting took place on March 27 at the UFA with Executive Board members from both the UFA and the UFOA. The purpose of the meeting was to discuss matters of mutual concern and how both unions may coordinate addressing these issues.

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6. City Island Involuntary Details
The UFA filed a grievance against the Dept for involuntarily detailing a 14 year member to City Island for 12 months while there are much less senior members who could have been transferred from his unit. The grievance was denied at company and command levels in March. We are awaiting a Step III hearing date.

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7. Year 2007 FICA Refunds in April 4 Paycheck
NOTE: This is not part of the years 1989 through 2005 LODI FICA refund, which is still pending. The Dept published the following info in Dept Order #32: FICA Refunds for 2007 LODI are included on the April 4, 2008 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. The amount of your FICA refund is simply added to your net pay, and does not affect 2008 earnings or 2008 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 (6.2% of $97,500 or $6,045.00) 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. Inquiries concerning this payroll must be submitted to the Bureau of Payroll in written form only.

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8. Bunker & EMS Gear in Living Areas is Hazardous
Dept Policy states that wearing Personal Protection Equipment or bringing any gear/tools/equipment (including radios) into living areas (i.e. kitchens, sitting rooms, bunkroom, housewatch, etc) is prohibited. These items become contaminated with or steadily impregnated with hazardous contaminants. The Dept issued the following memo on April 26, 2005: "In order to prevent the possibility of bringing fireground contaminants into the living areas of the firehouse, members are prohibited from wearing or bringing their firefighting ensemble or ensemble elements into any such areas. Living areas are kitchens, sitting rooms, television rooms, housewatch areas, offices, bunkrooms, gym areas, and other such areas where firefighting protective ensembles are not routinely stored or worn for protective purposes. The firefighter protective ensemble includes the bunker coat and pants, helmet, gloves, footwear, and hood."

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9. UFA Blasts FDNY 'Smart Mic' Delay
The UFA reported in an article in "The Chief" on April 4 that the Department's delay in making the 'Smart Mic' available citywide was responsible for one FF suffering serious burns at a recent fire. The ‘Smart Mic' is a device near the collar of the bunker gear that allows FFs to more easily send out Mayday calls. A number of FFs have been using the ‘Smart Mic' in an FDNY pilot program. The UFA stated in "The Chief" that "the policy's full implementation was unreasonably delayed," and that the Dept moved forward only after an incident involving serious injury to a UFA member. "The UFA said that the FF was responding to a fire on Feb. 26 when he had to reach under his coat to make a Mayday call on his Motorola radio. Unable to find the button, he removed his gloves, leaving him with severe burns on his hands." See the attached article from "The Chief" for more info.

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10. FF's Defeat Efforts of City & Ground Zero Contractors to Dismiss WTC Respiratory Claims
On March 26, 2008, the United States Court of Appeals for the Second Circuit ("Second Circuit") issued a major decision, allowing the claims of firefighters sickened by dust and contaminants at the World Trade Center disaster site ("WTC Site") to proceed against the City and its contractors. The Second Circuit's ruling, written by a panel of three judges, is a great victory for all WTC rescue workers with lawsuits pending before the Hon. Alvin K. Hellerstein in the Southern District of New York. The decision was reached after the Court considered the written brief and oral argument of the UFA's general counsel, Sullivan, Papain, Block, McGrath & Cannavo P.C. Please contact Michael Block, Esq. or Andrew Carboy, Esq. at (212) 732-9000 at once if you have any questions or are interested in bringing a claim. Because of strict deadlines to bring these types of claims, you are encouraged to contact the firm immediately if you are suffering from an illness or injury you think may be connected to your service at the WTC Site.

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11. Random Drug Testing Quarterly Report
The FDNY reports that the following units were tested randomly between 1/01/08 and 3/31/08. A total of 92 Units were tested within this period: 52 Engines, 22 Ladders, 10 Battalions, 3 Probie School Groups, 2 Rescue Units, 1 Safety Battalion, 1 Squad Company, 1 Marine Unit, and 9 Fire Marshals. Reports listing each company tested and individual dates are attached. They are sorted by both company and chronologically.

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12. Delegate Seminar Topics: Poll Your Members
More than half of our members have 5 years or less on the job and depend heavily upon their Delegates for guidance and important information. Please insure you poll your members prior to attending the seminar so you may have answers to their questions when you return. Topics to be addressed include: UFA State of the Union Address, UFA media & PR stratagies, Compensation Accrual Fund (your annuity investing), Deferred Compensation Plan (457,401k, & IRA), Disability Pensions, Retirement planning, Lobby Day in Albany, UFA Dental/Optical/Prescription Drug plans, New Protective Gear, WTC Illness, WTC Medical Care, Cancer, Honor Emergency Fund, Medical Office, UFA Criminal Counsel, Grievances & Improper Practices, How to be an Effective Delegate, 50% Indicator, Pension loans, ITHP, Roth IRAs, NYS College Savings Program, Health & Safety issues, Finding info in the Delegate Manual & on the UFA website, Safe Apparatus Response, Firefighter Legislation and Political action, Pension planning by FDNY Pension Unit, and more. In addition, many representatives from health care companies, mortgage companies, financial advisors and others will have exhibit tables and be distributing literature. Contact your Delegate if you are looking for info. Seminar dates: May 13-16, 2008. See this month's "Firelines" for more info.

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13. Cancer Support Survey
The UFA Health and Safety Officer/Sgt-at-Arms, Bill Romaka, requests all members or family members diagnosed with cancer to fill out the Confidential Support Survey located on our website. To participate please go to the Health & Safety section of the UFA website, www.ufanyc.org, and click on "UFA Support Survey." This is a joint effort by the UFA, UFOA, FDNY, and support groups like Friends of the Firefighters and the "Firefighters Support Network" to find more effective ways to assist our members afflicted with cancer.

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14. Muscular Dystrophy Donations
The UFA is pleased to report that the 2008 annual $1 per member per meal program raised $21,000 for the Muscular Dystrophy Association. If your company has not yet submitted its collections, all donations to the MDA should be submitted as soon as possible to the MDA. Please make checks out to the MDA and send them to: MDA, PO Box 3178, Grand Central Station, New York, NY 10163. Thanks to everyone who participated!

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15. Discounted Body Scans Available
The UFA's Health & Safety Officer Bill Romaka is pleased to announce that the UFA has made an agreement with Inner Imaging to provide a discounted rate to active and retired NYC Firefighters for body scans. The agreement provides confidential screening which consists of an upper body scan (which includes both the heart and the lungs). These scans, normally at least $600, are being offered to UFA Members at a greatly reduced rate of $350. To make an appointment, or for further information, you can reach Inner Imaging at 212-777-8900 or check out their website, www.innerimaging.com.

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16. Security Benefits Fund (SBF) Help Table at Union Meetings
SBF staff were present at the April 10th Union Meeting where they provided information to members who require help regarding dental, prescription drugs, optical or any other benefits provided via the UFA SBF. Should you need information regarding any of these matters see your Delegate.

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17. Fire Bell Club Scholarship Award Application
Active Firefighters 5th Grade and above, and Officers who have been accepted or are attending an accredited institution of higher learning are eligible. FF's/Officers who are pursuing a degree in Fire Service Administration, Public Service Management, Nursing or a related Fire Service discipline and who have completed a minimum of twelve credits are also eligible. Preference will be given to members who have fewer than (5) years of service. A written statement of 500 words explaining why an applicant should be considered for the award must be submitted. Applications must be submitted between April 30th & mid June. Award: $500. For more info, including applications, contact Ms. Jacqueline Merveil, FDNY Registrar, at 718-281-8465.

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18. Dedication of the Tribute Walk at Keyspan Park
May 18th, 2pm, at Keyspan Park, 1904 Surf Ave, Coney Island. The Brooklyn Wall of Remembrance will be rededicated with names and portraits of heroic first responders of Manhattan, the Bronx, Staten Island, and Queens joining the men and women of Brooklyn whose portraits are already there. RSVP to Deborah Jackson, 718-735-7727 or ctafc@earthlink.net.

by May 1st.

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Fraternally,

Stephen J. Cassidy
President

Joseph A. Miccio
Recording Secretary










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