Union Issues

• UFA Election Results
• Military E-voting in UFA Elections a First for UFA
• State Trooper PBA Breaks Pattern Significantly (18%)
• UFA Contract Coalition Strategy Strengthens
• Roster Staffing Agreement Rumors Dispelled
• Grievances, Improper Practices, Safety Impact & Court
• Chauffeur Indemnity & Increased Response Times
• New Personal Life Saving Harnesses & Ropes Announced
• LOD Injury Medical Bill Payments Processed
• PICA Drugs Update
• Assisting EMS: Removal of Patients from Ambulance
• Establishment of Rossville Engine 168 with EMS

Events, Help, Fundraisers & Benefits:

2005 World Police & Fire Games Uniforms
UFA Scholarship Fund Seeks Info about Autism
UFA Scholarship Fund Summer Educational Opps.
Military Couples Retreat
L-5: Five-K Run & FF Arena Children's Obstacle Course
Community Mayors Day at the Circus
Emerald Society Sunset Cruise Around Manhattan

UFA Election Results

Ballots were counted on June 13th by the American Arbitration Association (AAA). Pending official certification from the AAA, the above results are published. 76% of all members voted. A list of all members who did not vote will be posted again at each firehouse. Winners take office effective August 1st. Congratulations to all winners!

Back To Top

Military E-voting in UFA Elections a First for UFA
Military members serving active duty overseas who provided e-mail addresses received their ballot instructions via e-mail from the AAA. This was made possible as a result of a change in the UFA Constitution that was approved at April's union meeting.

Back To Top

State Trooper PBA Breaks PatternSignificantly (18%)
Last week's Chief-Leader reports the N.Y. State Trooper PBA negotiated with the Pataki administration a 4-year 18% contract. It includes 3-3-3-3 compounded, plus 5.4% ($2,652) expanded (hazardous) duty pensionable salary increase and significant longevity boosts. It also includes $9,892 in retro. UFA Labor Attorney Mike Axelrod represents the State Trooper PBA and negotiated this contract. It exceeded the state civilian pattern, eliminating the first year zero while including an expanded/hazard duty raise of 5.4%.

Richard Steier reported in the Chief, "But the (NYC-PBA) arbitration panel chaired by Eric Schmertz and acting under the jurisdiction of (state PERB) had to be aware of the significant deviations from other public-employee contracts under the Trooper deal and their potential applicability to the (NYC) PBA. Steier also reports "Governor Pataki's willingness to make this deal with Troopers...drives a hole through (the City's pattern) theory if the PBA arbitrators choose to walk through it. He continues, "but the current arbitration, unlike the last two in which the union was involved, is proceeding without any other city police or fire union under contract. And so there is no assurance that the arbitrators will believe that the DC 37 pattern that has been adopted by several other civilian unions has relevance for the PBA. The fact that another union representing police personnel has gotten a first year wage hike (breaking the civilian pattern) could loom larger than all the city and state contracts in which a cash bonus was provided as a cheaper alternative. Steier also points out, "Mayor Bloomberg has plenty to worry about in that area, most notably as regards the historic parity relationship between city cops and firefighters."

Back To Top

UFA Contract Coalition Strategy Strengthens
All unions that hastily jumped at the City's offer last round in 2002 (and got zeroes) chose not to repeat the same mistake this time. The UFA's No-Give-In strategy led to the formation of a unified Fire-Police Coalition. Why? Because Mayor Bloomberg has not budged one inch off his basic 0-3-1 offer with any unionwithout givebacks. Keep this in mind when evaluating claims that a ‘deal' could have been cut over the past 3 years without giving anything up...with a Mayor who even refuses to listen to his own Chief-of-Department. Agreeing to a quick ‘deal' and undermining the Coalition, as the Chief article above notes, could have severely hampered PERB's ability to consider greater increases without givebacks. The good news over the past few months? The arbitrator must now consider: City surplus soaring to $3.3 billion, cost of living now 3.3% , and a PERB arbitrator recently dismissing the 0%, 3% & 1% offer and awarded the MTA-PBA a 4-year award of 3%, 4%, 6% & 8%, and the State Trooper 18% contract. Prior to 2002, we did not have the right to go to PERB. Now that we do, time works against the City, as clearly shown above. The City made a mistake dragging out negotiations because the arbitrator now has powerful facts to consider to our advantagewhich did not exist 4 months ago. Be patient. Hold the course. The UFA has a base salary parity clause in our contract. A successful PBA award will have a substantial bearing on your financial futurefor many years to come. Civilian patterns will no longer hold our salaries down. NOTE: The UFA met with PERB mediator on May 24th. Once again, the City refused to budge.

Back To Top

Roster Staffing Agreement Rumors Dispelled
The City offered to extend the RSOT agreementunchangedfor two more years. This is unacceptable. It is our objective to increase the number of 5-man engines and remove medical leave provisions that penalize us due to catastrophic events such as the WTC or a blackout. The increased response times and workload resulting from firehouse closings, additional companies OOS per tour for training, and the number of runs doubling due to CFR-D present sufficient evidence, in accordance with the language of the agreement, to substantiate this issue. The following is quoted verbatim from the 1996 RSOT Agreement: "After the expiration of this Agreement, January 31, 2006, the City, in view of factors including, but not limited to changes in technology, structural and non structural fires, and response time, may wish to change staffing levels. In the event the City plans to make such changes, the parties will negotiate to the extent required by the New York City Collective Bargaining Law. Should differences between the parties arise, it is the intent of the parties to work expeditiously to resolve them."

Back To Top

Grievances, Improper Practices, Safety Impact, Court Cases
Grievances and other cases can take on average 1.5 to 3 years to finalize, especially when working against a hostile commissioner, or if it is an important or costly issue to the Dept. For example: the RSOT/Manning case took 6 years to win (1990-96) and manning was restored to 60 Engines guaranteeing 120 extra OT tours per day; and the SMLP case took 3 years to win (1993-96) resulting in Firefighters no longer being confined to their homes when on sick leave. Open cases now:

FDNY Raid at Engine 53/Ladder 43, Fifth Grade Medicals, Assignment of Light-Duty Firefighters to Schedules Outside of the Work Chart, Scope of Bargaining Petition Regarding Heat Index and AFID, Improper Practice Against Mayor Bloomberg for Hostile Comments Against an UFA Officer, Reduction of 5-man Engine Companies by Re-designating 4 Units as HAZ-MAT Technician Units, Removal of Headquarter Access Card Privileges for UFA Trustee, Transfer of Firefighters Assigned to the Tottenville Fire House (E151/L76), Details of Firefighters for Use of Medical Leave as Discipline, Deduction of Firefighter Probationary pay, Detailing Firefighter's to meet minimum manning, Health Insurance for suspended firefighter's, Drug Testing, Manning Reductions (breach of agreement & regulations), seeking OT for detailing firefighter's off of the work chart for training, Omnibus complaint against Scoppetta for his discriminatory conduct to Board Member & UFA, Private Vehicle Parking near FH, E75/L33 refusal to transfer detailed firefighters back to their companies, Fatal Fire Interview OT, Computer removal from FH.

The UFA will not back down on defending our members' rights. Affected members with any questions should contact Recording Secretary Joe Miccio.

Back To Top

Chauffeur Indemnity & Increased Response Times
The Mayor and Commissioner have publicly blamed NYC Firefighters for increased response times. However, this is a direct result of the Department's own policies and an increased workload, which occurred from adding additional CFR-D responsibilities, closing 6 firehouses, numerous companies closed each day for training, events, other activities and the Department's own safety programs which have reduced accidents by 50%. Companies are responding from farther away. The Dept can't have it both ways. Also, contrary to the Fire Commissioner and Mayor's press statements, the language of its "indemnification" letters sent to Chauffeurs clearly does not indemnify FFs involved in accidents. Excerpts from the latest letter state "The Law Department has determined, based on the information currently available, that you meet these criteria and are therefore entitled to representation by this office." However, language later in the same letter is to the contrary:

• "If, however, we later receive information from which the Corporation Counsel concludes that you were not acting within the scope of your public employment or in the discharge of your duties or were in violation of any rule or regulation of your agency, we may be compelled to withdraw from representation.
  
  
• "In addition, if we learn of facts indicating that you or any others have acted criminally or otherwise in violation of any rule or regulation of your agency, this information will be provided to the relevant City agency for such action as it deems appropriate.
  
  
• "We may also withdraw from representation if you should fail to cooperate fully in the defense of this lawsuit or if a conflict of interest arises between you and any other defendants in this action who are represented by the Corporation Counsel.
  
  
• "However, you should know that the decision to provide representation to you does not automatically mean the City will pay any judgment rendered against you.
  
  
• "The City's decision whether to pay any judgment awarded against you can be finally made only after the facts have been more fully developed; this may not occur until the end of the lawsuit. In our view, that decision rests solely with the Corporation Counsel.
  
  
• "However, you should be aware that the courts could disagree with the Corporation Counsel's decision and could direct the City not to provide indemnification.
  
  
• "However, the possibility of personal liability exists, and therefore you have the right to obtain private counsel at your own expense.

Back To Top

New Personal Life Saving Harnesses & Ropes Announced
The Department has publicly announced that it plans to order 11,000 of the newly designed units, which will cost $11 million to purchase and deploy, and claims the following: it features a reinforced metal hook that can be quickly affixed to virtually any wall without searching for furniture to tie it to, using a steel tip narrower than a sharpened pencil. The 50-foot ropes are made of Kevlar, which resists melting in intense heat for 2 minutes and 20 seconds. During testing it dulled the edge of the glass in a broken window pane. It claims the new ropes are stronger and easier to use, and will allow firefighters to climb out of windows in 10 seconds. Training will involve a significant change in how FFs swing out windows. The final system was selected from more than 40 designs, some of them submitted by manufacturers, others produced by the department's research and development unit, and some by the firefighters themselves. More than 5,000 tests were conducted on the designs by members who dropped out of windows on Randalls Island. The Dept plans to issue everyone a new harness, which will hold the pouch containing the escape kit and the hook for attaching the rope. More info to be published, as released by the Dept.

Back To Top

LOD Injury Medical Bill Payments Processed
UFA Recording Secretary Joe Miccio reports from Labor Management meetings with Chief Cassano: the Dept has processed payments for many of the members who submitted to the UFA their records of unpaid LOD Injury medical bills and collection notices. The Department's official notice has been prepared to give to affected members of the following companies: Engines 3, 4, 83, 42, 54, 62, 79, 80, 214, 298; and Ladders 45, 118, 138, 150, 162, 170; and Rescue 1. Some Delegates picked up copies for their members at the June 9th Union Meeting. The remainder have mailed this week to each affected member.