65-2 #17 April 14, 2010

Union Issues


1. Next Union Meeting at Delegate Education Seminar
The May Union Meeting is scheduled to take place on the last day of the Delegate Education Seminar, in Atlantic City, on Friday, May 14. This date is noted on the UFA Workchart calendar.

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2. Fire Marshal Rep Lester Layne Promoted
UFA Fire Marshal Representative Lester Layne, whose term was scheduled to expire on May 1, was promoted to Supervising Fire Marshal on March 25. The UFA thanks Lester for his service and we wish him the best in his new position. Steve Cassidy has appointed Fire Marshal Representative elect Rob McDevitt to the position for the interim. Rob's term begins on May first.

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3. LODI / CD-72 Classes at Delegate Education Seminar
The UFA will be conducting special classes this May during the Delegate Education Seminar to better prepare Company Delegates to properly guide their members. The Department's Line- of-Duty Injury Report (CD-72) is one of the most important documents that is closely scrutinized during the disability pension application approval process. The same is true regarding the Department's Exposure Report (CD-73). Accurate and timely preparation of these reports is paramount to ensure you and your families' financial security are protected if your career is suddenly cut short due to an injury or exposure that occurs during the course of your duties. NOTE: Safety Bulletin 7 is the Department's policy for Line- of-Duty Injury/Exposure reporting.

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4. Baseless Claims Rebuked by Scientific Proof
Published in NY Post, 4/4/10, by Steve Cassidy
Two opinion columns, "9/11 Junk Science" (March 24) and "The Plural of 'Junk Science' Is Still Junk" (March 31), make baseless claims that there is no credible evidence that 9/11 rescue workers suffered detrimental health effects following 9/11. The editorials fail to mention members of the FDNY, many of whom have since died, fallen ill or been forced to abandon their careers as a result of their toxic exposure. Scientific pro of is published in the New England Journal of Medicine, documenting that NYC firefighters lost an average of 12 years' lung capacity from inhaling the toxic stew. To dismiss the supreme sacrifice these patriots made effectuating the largest civilian evacuation on American soil as part of an "activist agenda" that "lacks credibility" is insulting to every New Yorker.

Excerpt from The Chief Leader, week of 4/16/10
The study (conducted by the FDNY and the Albert Einstein College of Medicine) reduces to ho-hum status an article published in Sunday's New York Post with the blaring headline "FDNY $oak-eaters" that made a big deal of the fact that 80 percent of the firefighters of all ranks who have retired so far this year did so on disability pensions that provide them with three-quarters of their final pay annually. The effects of the time spent at Ground Zero made it inevitable that there would be an increase in disability pensions in the department, since every member of the firefighting force spent at least a month there. Uniformed Firefighters Association President Steve Cassidy raised a more-sobering concern following the publication of the study in the prestigious medical journal: that lurking further down the road are cancers that will emerge as the result of the damage done to lungs and other parts of the body exposed to the Trade Center toxins.

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5. Firehouse Closings & City Budget
It has been reported that the FDNY is preparing to close at least 20 companies effective the new fiscal year, which begins July 1. The Mayor also announced the City will be forced to close many more companies if the State budget, which was due April 1 and is now late, does not allocate sufficient funds for the City. The City anticipates it will receive less revenue from the State than previously expected. Until the State budget is resolved, it is difficult to estimate how large the City budget deficit may be. The UFA has met with various elected officials to discuss strategy to minimize cuts to FDNY operations and attended the recent Fire Department Budget Hearing at City Hall. The UFA will work with the City Council, support the affected communities (a 45 day notice is required by the City before closings take place) and run an aggressive ad campaign that informs the public how they will be affected by firehouse closings. Steve Cassidy updated all Delegates present at the April Union Meeting.

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6. Attack on Government Pensions
As reported in the March 26 issue of The Chief:
"We're in a fiscal situation that was based on the inability of investment bankers and other financial experts to properly manage risk," NY State AFL-CIO President Dennis Hughes said in a March 18 phone interview. "But the people who are responsible for this economic downturn walk away unscathed. And the only real tangible effect is the assault on the economic security of working men and women. To go after the pensions of people who in many cases have risked their lives and are in high-stress public jobs is really outrageous."

Uniformed Firefighters Association President Steve Cassidy strongly concurred with that sentiment. "I don't have to make an excuse for the pension system we have - not at all," he said. "It is a backstop for the families of firefighters who are seriously injured or killed. I don't think a system that would have firefighters standing outside a burning building wondering whether their families will be taken care of if they're killed or seriously injured would serve the public's interest." He acknowledged concern, however, that a climate could develop in which the demand for reduced benefits placed intense pressure on the unions to resist. "I think there's clearly a movement afoot to try to take the fiscal crisis and use it to demonize public employees," he said.

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7. Bronx Rally to Save Firehouses
On March 30, UFA leaders and dozens of NYC Firefighters were joined outside E-70/L-53 quarters on City Island by Congressman Joseph Crowley (D-Bronx/Queens), City Councilmembers James Vacca (D-Bronx) and Criminal Justice Committee Chair Elizabeth Crowley (D-Queens) to speak out against budget cut proposals made by Mayor Bloomberg, including closing at least 20 and as many as 60 fire companies. The UFA also held a press conference on March 10 on the steps of City Hall, immediately prior to the City Council's Fire Department Budget Hearing. See attached press releases and press clips. You can also review TV& press clips on the UFA Homepage.

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8. Portal to Portal for Annual Medical
In accordance with the UFA Collective Bargaining Agreement, Portal to Portal compensation is required for all on-duty members attending their Annual Medical Examination at Metrotech; 1 hour and 15 minutes each way (45 minutes each way if you are assigned to Brooklyn).

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9. House Sub-Committee Approves Zadroga Bill - More Hurdles Ahead
In March, a U.S. House of Representatives panel approved the James Zadroga Health and Compensation Act by a vote of 25-8. Representative Carolyn Maloney said the $11 billion bill will next be brought up before the full House Energy and Commerce Committee. The UFA, along with NYS AFL-CIO President Dennis Hughes, met with the entire NYS Congressional Delegation in Washington, DC on February 25. This was a top priority at the IAFF legislative conference in Washington on March 14 through March 18. The IAFF is fully supportive of the UFA's efforts to pass the Zadroga Bill. Steve Cassidy updated all Delegates at the April Union Meeting.

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10. Weapons/Terrorism: FDNY Emergency Response Plan
The UFA met with the Department in March during Labor-Management to address its concerns regarding Department protocols for safety and operational considerations for response to active shootings, firearms, ammunition, explosives, incendiary devices, improvised explosive devices, or devices that may produce irritating or toxic effects. The Department agreed that certain aspects of these policies, including some of the newest policies, need to be (and will be) updated to more comprehensively address today's realities.

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11. CFR-D Re-Certification Lists Posted Promptly
At the UFA's request, the Department reviewed and addressed internal protocol and its communications with the State to insure the list of members who pass their CFR-D recertification exams is posted promptly on the FDNY intranet and in Department Orders. These changes now insure members who receive their certification card in the mail can immediately begin receiving TPR marks for performing CFR-D duties.

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12. Status of Settlement of World Trade Center Respiratory Injury Claims
The Federal Judge who is presiding over the approximately 10,000 cases brought on behalf of claimants involved in 9/11 rescue and clean up operations for respiratory related injuries recently announced that he wanted changes in the proposed settlement reached by the parties, which settlement was worth between $575 million dollars and $657.5 million dollars. The firm of Sullivan Papain Block McGrath & Cannavo P.C., general counsel to the UFA, represents approximately 700 Firefighters who are claimants in that case. The Judge has asked that the attorneys make changes to the agreement and attempt to simplify the language of the settlement so that it will be more easily understood by the clients.

At this point, it is unclear what will happen next. The attorneys for the parties will be meeting with the two Special Masters appointed by the Court to attempt to modify the settlement terms in a way that will be fair to the clients and all other parties involved. At this time, those individuals who are already party to the case need not do anything. The firm has scheduled several meetings to be held with their clients, who have been informed of the dates. At those meetings, the firm will give a detailed explanation of the proposed settlement, answer questions and try to clarify and resolve any confusion that may exist.

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13. UFA Improper Practices & Grievances
The following is a list of cases the UFA is pursuing. Each of these cases will be discussed at workshops during the UFA Delegate Education Seminar this May. The below cases are in addition to the other issues currently being addressed in Labor-Management with the FDNY and/or at the Mayor's office of Labor Relations, in accordance with the UFA Collective Bargaining Agreement.

  • BCB 2623-07 IP - Supervisory referrals to Counseling by BITS
  • BCB 2711-08 IP - Representation at Safety Interviews
  • BCB 2820-09 IP - Excessive OT Cap
  • BCB 2652-07 IP - Asbestos Abatement after Steampipe Explosion
  • BCB 2668-07 IP - Expanded AFID Building Inspections (BISP)
  • BCB 2820-09 IP - Chauffeur Selection
  • BCB 2445-04 IP - Random Drug Testing
  • BCB 2480-04 IP - Reasonable Suspicion Testing
  • BCB 2480-05 IP - Union rep present at random selection & drug testing procedures of FMs
  • BCB 2595-07 IP - Light Duty Schedules
  • A-12703-08 - Drug raid at E 168
  • A-13313-09 - BITS ordering FFs to give written statements regarding Dept. investigations
  • A-10199-03 - Medical Leave Lifts

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14. 2009 FICA Refunds in April 2 Paycheck
Per Dept Order #27, "FICA Refunds for 2009 LODI were included on the April 2, 2010 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 ESTUBS. The amount of your FICA refund is simply added to your net pay, and does not affect 2010 earnings or 2010 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."

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15. UFA Financial Statement
UFA Treasurer Bob Straub reports that the UFA Financial Statement was mailed to FDNY Firehouses and Delegate home addresses April 1.

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16. New National Health Care Laws
There are many questions the government has not yet answered regarding the new health care laws that U.S. Congress and President Obama recently enacted. The UFA will provide an update regarding the impact on our members as more information becomes available.

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17. Delegate Education 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. 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 include: Military Benefits, UFA State of the Union Address, UFA media & PR strategies, Compensation Accrual Fund (your annuity investing), Deferred Compensation Plan (457,401k, & IRA), Disability Pensions, CD-72 Preparation, Retirement planning, UFA Dental / Optical / Prescription Drug plans, New Protective Gear, Cancer, Medical office issues, UFA Criminal Counsel, Grievances & Improper Practices, 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, 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 by clicking on Delegate Seminar on the UFA Homepage. Contact your Delegate if you are looking for info. Seminar dates: May 11-14, 2010.

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18. FF Family Scholarship Section on UFA Website
Members often miss scholarship opportunities their family members are entitled to, sometimes costing thousands in lost funding each year. A special Firefighter & Family Scholarship Section is viewable Here. Members can look up scholarships offered by the UFA, FDNY fraternal organizations, memorial scholarship funds, and any other scholarship information that the UFA is made aware of . General descriptions of the types of scholarships and eligibility are posted. Contact information or links are provided on the site, which enable you to follow up with each organization for particulars. Scholarship dollar amounts, filing periods and other criteria change periodically. Persons seeking scholarships need to contact the listed organizations sponsoring the scholarships for the current levels of scholarships offered and application procedures. Many of these scholarships are for our members families only. Don't miss your chance each year!

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19. Insure You Are Receiving UFA Emails
Members should be aware that in order to receive e-mail from the UFA, your e-mail account options or preferences should be set so that important UFA notices are not inadvertently sorted into your spam folder. The UFA's e-mail broadcast address is ufa@ufanyc.org. Adding this address to your e-mail account's address book may help prevent UFA notifications from ending up in your spam folder.

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20. Return Your Company Roster Info Forms!
The return date has passed and we have received only 86 out of the 360 forms that were distributed. Delegates who have still not returned the form are asked to return it as soon as possible with each member's cell #, email address and chauffeur certification level. Your information will be used by the UFA for important notifications. Fax to Joseph Miccio, Recording Secretary at 212-683-4359.

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21. 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.

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22. Fire Bell Club Scholarship Award Application
Applications for the Fire Bell Club Scholarship Award are now available. Applications can be obtained from Ms. Jacqueline Merveil, FDNY Registrar, at 718-281-8465. Eligibility: (1) Applicants must be active FF's 5th Grade and above & officers who have been accepted or are attending an accredited institution of higher learning. (2) 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. Applicants must submit a written statement of 500 words explaining why an applicant should be considered for award. Award: $500. Deadline: April 30th.

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23. 9th Annual Haskell Brothers Memorial Dinner Dance
On Thursday, May 27th at 6pm at the Lido Beach Golf Club, 255 Lido Beach Boulevard a cocktail hour will begin followed by dinner at 7pm. Dinner: $90. Make checks payable to: Haskell Brothers Memorial Golf. Mail checks to: Maureen Haskell 2572 Neptune Ave. Seaford, NY 11783. Proceeds will benefit the NYC Firefighter Brotherhood Foundation & Hope for Warriors.

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24. FDNY Bravest Boxing
On Friday, June 18th at Suffolk County Community College - Brentwood campus watch the East vs. West Battle of the Badges as FDNY's Bravest take on the Suffolk County PD. The doors open at 7pm with the first match starting at 8pm sharp. Tickets are $20 and on sale now. Keep up to date with the FDNY Boxing team on Facebook @ 'Bravest Boxing' or at www.fdnyboxing.com. Order tickets through any team member or call Bobby McGuire, 917-282-8727.

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25. FDNY v. NYPD Baseball Games
On Friday, July 30th at 7pm at MCU Park in Coney Island (formerly Keyspan), support the FDNY as they take on the NYPD in a baseball game. For more info contact Scott Miller, 917-225-7872.

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26. Save the Date for World Police & Fire Games Night
On Thursday, August 26th, 7:10pm at Citi Field, join the NY Mets for the start of the one year countdown to the 2011 NYC WPFG. Tickets will be available online soon at www.mets.com/wpfg. Sign-in ID:WPFG. Password:METS. For more info contact FM Bob Cashman at 718-999-0740.

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Fraternally,

Stephen J. Cassidy
President

Joseph A. Miccio
Recording Secretary