65-2 #23 March 15, 2005

Union Issues

Events, Help, Fundraisers & Benefits:


UFA Heroes Fund
Recovery continues for our brothers who were critically injured in the Bronx fire this January, though it will still be a long road. Their families face additional challenges paying bills because they no longer receive income from OT or side work they did while healthy. The UFA Heroes Fund is approaching the one-half million dollar mark and we'd like to keep it growing. A big fundraising event was hosted this Sunday afternoon on Woodhaven Blvd in Queens at Killarney's Cottage by Rob Carlo L23/E80 in an effort to show the same kind of support that was given to his family after losing his brother Mike Carlo E230 at the WTC. Over $20,000 were raised and donated to the UFA Heroes Fund. The UFA thanks all the members who donated their time to set up and work the event.

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May Union Meeting Date is on the 12th
The May Union Meeting and UFA Candidate Nominations will take place on Thursday, May 12th at 10am at the JFK Ramada. Candidate Petitions are due at the UFA Recording Secretary's Office by May 1st, in accordance with the UFA Constitution. The May Union Meeting will NOT be taking place on May 6th during the Atlantic City seminar. Make sure you adjust your UFA workchart calendars accordingly.

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Special Review Committee Report
The Committee directed that the report be mailed to each Company Delegate residence. It was sent via first class mail on Monday, March 7th. Please check with your Delegate for an update. President Cassidy is calling a Special Executive Board Meeting to take place in the next month. The only agenda will be to discuss the recommendations raised by the Committee and evaluate steps to be taken based on the report.

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PBA Contract
The PBA's PERB ruling is anticipated to be published in about 2 to 3 weeks. Don't get yourself worked up either way over rumors! An encouraging report released earlier this week by the City's Independent Budget Office, as quoted in the N.Y. Times, estimated a $2.5 billion surplus, which represents a substantial increase over the agency's previous estimate. It is our hope that this information will provide additional evidence for the arbitrator to discount the City's claims of lack of ability to pay.

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RSOT Agreement: FDNY Sick Leave Calculations Flawed
The UFA met on March 8th with the Dept and City Labor Commissioner's 12 person team to address the problem with the method the Dept currently uses to reduce the manning levels (as it did in December and January). The Dept admitted on the record that members are being charged for hours they were not on medical leave. In a rather heated (the City's reaction) but civil exchange, the UFA maintained that when members are injured later in the tour, it should not cause the whole 15 or 9 hour tour to be calculated into the formula that triggers the reduction of manning. The information and documentation uncovered during this critical issue now will have a significant impact in assisting future negotiations of a new RSOT agreement when it expires next year. During this meeting, the Labor Commissioner declined to open formal negotiations. The UFA filed its formal notice to Commissioner Scoppetta on January 10, and a February 22nd written request to the City Labor Commissioner to begin our negotiations regarding this issue as soon as possible.

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Details Off the Chart for Training
The UFA recommends that members who are ordered off the chart for training to make an entry in red in the Company Journal stating: "I have been ordered to take training classes for (ENTER SUBJECT) and assigned off my contractually mandated Administrative Code workchart from (ENTER START AND END DATE). At this time, a journal entry will be sufficient documentation for the OT Grievance. Also, the UFA currently has enough TPR and TPR Denial evidence to document its case against the Department for refusing to comply with the Arbitrator's Award.

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Response with Less Then 4 FFs
The UFA needs any company that responds to an emergency call with less then 4 FFs to document this. Fax a note with company, date, and time of the run to UFA Recording Secretary Joe Miccio at 212-683-4359 (or 212-683-0710 if busy). Faxing a copy of the run ticket will also be helpful. Trace over the ticket in black pen to darken it if it is too light.

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Dept Policy re Personal Life Ropes
The Fire Commissioner released a message regarding personal ropes that firefighters have been buying as follows: "The department has not been able to test all such ropes; therefore these ropes are considered unsafe and are not approved for use by members of the Department". This message appears to stop short of directly ordering members to not carry them. The Dept continues to advise the UFA that it is moving quickly as possible to get approved ropes and harnesses for every firefighter.

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Random Drug Testing
Members are advised of Dept policy (and the law) that using expired prescription medications are illegal and may cause a problem should it show up in a random drug test result. The same applies to using other family members' current or expired prescription medications by accident that are in your medicine cabinet. Read the label before you open the container!

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Medical Leave Lifts
Besides personal phone calls and emails to each affected member immediately after the Federal ruling was announced, an update letter was also mailed to them the week of March 1st from the Recording Secretary's office. If you have any affected members in your company with questions, please have them directly contact Recording Secretary Joe Miccio at the UFA at 212-683-4832. If they wish to speak with UFA attorneys, this will also be arranged by Joe. The Grievance challenging this practice is still going forward. The UFA will not back down in its efforts to defend our members' rights.

Legislative Update

  1. City Council Slams Dept on Response Times: UFA Vice President Jim Slevin has been working with City Council on its recently introduced legislative proposals, Intro 533 (sponsored by Councilmember and Committee Chair Yvette Clarke) and Issue 540 (sponsored by Councilmember Alan Gerson). Top Fire Department officials squared off against the UFA and the City Council Fire & Criminal Justice Committee in a recent hearing held to discuss two bills that would amend the way the FDNY measures response times. Both bills take issue with the current methodology used by the FDNY. Jim Slevin testified that current response times mislead the public and can be used to justify shutting down firehouses. The Committee grilled FDNY Chief of Department Pete Hayden. Council Member Clarke expressed concern that current statistics don't provide sufficient information, "Under this system, a fire or medical emergency on the 40th floor of a building will have the same response time as an incident occurring at the same time in the garage of that building," she observed. "The clock for both stops running when the FDNY reaches the front door of the building." The new bill defines "arrival" as meaning at the actual fire, regardless of what floor it might be on, and would require the FDNY to track time between the receipt of a call and the application of water to a fire. The presidents of UFOA and EMS unions also support this initiative.

  2. NYS Legislative Reference Guide Issued Today: UFA Legislative Chairman & VP Jim Slevin issued at the March 10 Union meeting to each Delegate the 2005 NYS Legislative Reference Guide to assist in our political efforts to bring about meaningful change for NYC firefighters. It includes district and contact info for all elected NYS members of US Congress, NYS Senate, NYS Assembly and Committees, as well as other important info. Jim Slevin encourages each company to keep handy the contact info of the State Assemblyperson and State Senator that are elected in your firehouse district. Your Delegate will keep this booklet in the inside cover pocket of the Delegate Manual.

  3. Albany Report: VP Jim Slevin reported at the March 10the Union Meeting regarding current legislation and updates from the recent session in Albany regarding the HIP conversion to a for-profit company. This also includes the WTC Presumtive Illness Bill and the Toll Waiver Bill. See your Company Delegate for info.

New Delegate Manual Chapter Today: NYC Health Plans
This newly updated UFA Delegate Manual chapter was issued by Recording Secretary Joe Miccio at the March 10th Union Meeting in two formats; one for insertion in the Delegate Manual Binder, and the other in booklet form for your house-watch. It helps simplify questions about who to call for help, dependent eligibility, changing plans, keeping your info current, individual plan & optional rider info, tax deductible flexible health & dependent care accounts, retiree coverage, medical misconduct and many other important health care related issues. Make sure you post the housewatch booklet so your members can make the most informed healthcare decisions for their families. Delegates may order additional Delegate Manual booklets on any topics for members of their company by contacting Recording Secretary Joe Miccio at the UFA, or by email at RecordingSecretary@UFANYC.org.

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Delegate Educational Seminar Registration
Any Delegate who has not received the 2005 Seminar Registration Packages, contact the Recording Secretary Joe Miccio's office. Delegates must return Seminar Registration Forms and payment to the UFA no later then March 31 or lose the special hotel discounted rate. The UFA can accept Registration Forms ONLY with a check. A special Taj Mahal room reservation envelope/form will be mailed to the Delegate's home AFTER the UFA receives payment. It's easy now to make (or change) room reservations directly with the Taj by mailing this special envelope to the hotel! The UFA will no longer handle room reservations. For new Delegates, this is an extremely important seminar that will educate you on many matters of importance to your members and their families, including workers' rights, health coverage, safety, work issues & financial matters. Delegates are advised to mail the registration & reservation early as possible to insure your discounted rate.

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LWTC Illness Lawsuits
UFA Counsel Sullivan Papain Block McGrath & Cannavo P.C. is presently representing numerous Firefighters who did not apply to the 9/11 Victims' Compensation Fund and who have recently developed symptoms of, and/or been diagnosed with, a respiratory condition due to the failure of NYC to provide them with proper respiratory equipment during the rescue and recovery operations at the WTC. If you feel you may be eligible, the firm is available to investigate your claim, and, if meritorious, to prosecute a lawsuit on your behalf. Any such lawsuit against the City first requires serving a Notice of Claim within 90 days of "discovery of the injury" or of "the date the injury should reasonably have been discovered, whichever is earlier," and then starting a lawsuit within 1 year and 90 days of "discovery of the injury". Please contact Michael Block, Esq.; Thomas Russo, Esq.; Melissa Rotini, Esq. or Andrew J. Carboy, Esq., all at (212) 732-9000, if you have any questions or are interested in pursuing a claim for a WTC respiratory injury or injury sustained in any fire.

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Firelines: Lots of Info
Members are reminded to read the UFA's Firelines regularly. It's delivered to your homes at least 6 times per year and has lots of informative, interesting articles and features that answer many of the questions you may be asking. It's all in there! Read the Firelines--it's your union's newspaper.

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E201's 3rd Annual Las Vegas Nite
Saturday, April 9th, 7pm -1am. OLPH Notre Dame Hall. 60th St & 6th Ave, Bklyn. $30 donation at the door will be exchanged for $50 in chips. Food & beverage included. 50/50, raffles Proceeds to benefit the E201 Memorial Fund, NYFF's Burn Center, Elsasser Fund and the Heroes Fund. Must be 21 or over.

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FF Eugene Whelan King of Fun Foundation Dinner Dance
In memory of E230's Eugene Whelan, on Thursday, April 21st, 7pm at Russo's on the Bay. For tickets, call Bobby at 718 541-1285. $85 per person includes open bar, cocktail hour, sit down dinner, table prizes, t-shirt and DJ. Anyone interested in placing a journal ad to be distributed at the event, call Kieran 718 474-6273. Raffle tickets for a trip to Ireland will be coming through the bag shortly.

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Calling all FDNY Chefs Iron Skillet Competition
Looking for 1 chef (and 2 prep chefs) from each borough, to compete against the top restaurant chefs in the city. September Space 4th Annual Iron Skillet Cook Off, scheduled for Monday, November 7, 2005. This is a first class event. Celebrity judges, entertainment, lots of great food and fun. All to benefit September Space. a community center and support network for all those affected by 9/11. Previous participants include: Engine 58, Marine 9, Rescue 3, Rescue 5, Squad 270, Ladder 36,Ladder 41,Engine 7,Engine 328,Engine 309,Engine 161. Deadline for registration May 15, 2005. For more information please call Ingrid Maritato at 212-563-7570 x201, or email admin@septemberspace.org.

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Fraternally,

Stephen J. Cassidy
President

Joseph A. Miccio
Recording Secretary











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