Uniformed Firefighters Association of Greater New York

65-2 #18 February 25, 2005

Union Issues

Fatal Fires, Member Recovery & Special Firelines Issue
Special Financial Committee Report
Random Drug Testing
Manning Issues:
NY Daily News Boycott a Success & Other Media Issues
PBA Contract
Overtime Issues
OT for Safety Interviews, Phone Interviews
Military Issues
Firehouse Success Stories: Community Boards/City Council
Medical Leave Lifts Ruling
Medical Office Issues
2005 Social Security Booklet
Life Ropes
Delegate Educational Seminar Registration

Events, Help, Fundraisers & Benefits

E-241/L-109 Fundraiser for "Friends of Dominic"
Throggs Neck St. Patrick's Day
Bravest Baseball Fundraiser
Bravest Baseball Tryouts
King of the Ice Firehouse Hockey Tournament
FDNY Bravest Charity Boxing Show
Fundraiser Party for Heroes Fund, in Queens
4th Annual New York Police & Fire Games

Fatal Fires, Member Recovery & Special Firelines Issue
Nickolas Pepe was released from the hospital Wed. Feb. 23. Eugene Stolowski was transferred to a rehabilitation center on Tues. Feb. 22. Jeffrey Cool was also transferred to rehabilitation center last week. Brendan Cawley was released from Saint Barnabas last month. Joseph DiBernardo remains at Cornell Medical Center. All are making difficult progress and continue to improve. Also, a special 5-5-5-5 Firelines Memorial Issue for John Bellew Richard Sclafani &Curtis Meyran was mailed to each active & retired members' home. The families and company members of these members express their sincere appreciation for all your support.

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Special Financial Committee Report
The Committee has completed its investigation and will present its report to the membership at the February 24th Union Meeting. Each Company Delegate will report the findings to their members.

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Random Drug Testing

15 Members' Jobs Saved!! Thanks to the special provisions that the UFA negotiated into the agreement last summer, the Dept has confirmed that 15 members who recently tested positive for opiates were later exonerated within a few weeks due to a secondary hair follicle test. (No other agency has this unique provision). These 15 members would definitely have been fired prior to this summer--under Dept policy prior to then. The UFA is currently pressing the Dept to reinstate all previously fired members who tested positive for opiates in accordance with the new criteria.

Current Negotiations: The Department's policy was never agreed to by the UFA, which raised several procedural objections to the policy prior to its unilateral implementation. Despite the numerous 9-11 stress related problems our members face, which were predicted by leading mental health professionals, Commissioner Scoppetta ignored these recommendations and rejected our requests to use the results of this test as a means to help Firefighters who may experience a short term problem. We believe that treatment and a second chance are in the best interest of the Department, Firefighters and the public we serve. The UFA and City have had several negotiation sessions with City Labor Commissioner James Hanley in the past month re this matter. The UFA also filed an Unfair Labor Practice last Fall against the Department for refusal to negotiate with the UFA regarding certain critical issues with the program.

Preparing Your Random Drug Testing Form: Never fill out the Drug testing form about foods and medications consumed in the past 72 hours unless you begin with the following statement: "To the best of my recollection" This can make all the difference should you have a false positive result. Chief Cassano agreed last week to this protocol after Steve Cassidy pressed the issue that no person can possibly recall everything they ingested over three days or what was in the food they ate--especially if it was prepared by someone else.

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Manning Issues

UFA Discloses that the FDNY Miscalculated Sick Leave Numbers: The Dept miscalculated sick leave levels it used to reduce the manning in December and January. This fact has been confirmed by several credible upper echelon personnel at FDNY. President Cassidy presented this information last week to NYC City Council Fire & Criminal Justice Services Committee.

UFA Wins Court Injunction Against Reduced Manning: Three weeks ago, UFA Labor Counsel Michael Axelrod appeared with President Cassidy and Recording Secretary Miccio in Kings County Supreme Court to present the UFA's case for preventing the Dept from reducing manning because medical leave was a mere 22/1000ths of a percent above 7.5%. Michael Axelrod and his staff for prepared a compelling argument in rebuttal to City attorney counterclaims. Justice Lewis L. Douglass decided against the Dept and has granted the UFA's motion to restrain the Dept from reducing 5-firefighter companies again, pending the arbitration of two UFA grievances challenging the reduction. The City announced plans to appeal. Depending on the outcome, this decision will prevent the Dept from reducing manning in the future simply because sick leave levels exceed 7.5%--until this matter is resolved through arbitration. The City--in its usual tactic--is challenging the arbitrability of the underlying grievances in the Office of Collective Bargaining. It is also likely to exercise its right to have the UFA post a bond. Nevertheless, the membership has won this battle in our longer term manning war with the City--which continues to put money before public safety.

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NY Daily News Boycott a Success & Other Media Issues
The UFA Executive Board thanks the entire membership for your unified efforts in making our boycott a success. The Daily News Editorial Board agreed to publish a full unedited rebuttal on January 31st by the UFA to their negative and grossly inaccurate editorial regarding our members. As a result of your collective efforts, we believe the pressure you helped generate will result in more balanced coverage (though not perfect) of issues that are important to our members. The boycott's effectiveness accomplished our goals and was suspended as a show of good faith on our part. The Daily News rebuttal is attached. A 16 page 'UFA Media Clips' handout that was distributed to each Delegate at the Feb 24 Union Meeting and can be downloaded by clicking HERE. This assembly covers many issues so you may keep your company members aware of what issues the UFA has been covering in the press. While the included 'TV & Radio Tracking Reports' don't give a complete transcript of each program, it does indicate which shows we have been covered by, the estimated audience size and media $$ value, as determined by the independent media tracking service. We will continue to do whatever it takes to protect the interests of our members!

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PBA Contract
The PBA's PERB process is drawing to an end. Final briefs are being exchanged--and the process is expected to conclude in a few weeks. A ruling is anticipated to be published late March or early April. Don't get yourself worked up either way over rumors! Even though the PBA is confident it presented extremely credible evidence, there is no way anyone can predict what the arbitrator will decide. Just as the last contract (2000-02) that the PBA pursued through PERB exceeded the pattern (which the UFA supported), it is our hope that they (and we) are able to exceed the pattern once again during this round of arbitration and/or negotiations.

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Overtime Issues

Details Off the Chart for Training: The Dept has been "urging" members to "volunteer" for details to the Fire Academy to take instructor development courses so they may train other firefighters. The Dept also continues to order members off the chart for other training. The UFA has won a Grievance Award which has been confirmed in court preventing this without paying OT. We are currently seeking to hold the Fire Commissioner in contempt of court and have also filed an Improper Practice for, among other things, the Commissioner's ignoring this Award by taking firefighters off the chart for training. There is also a Grievance filed specifically for this OT.

In last week's telephone conference with the City and the UFA, the arbitrator once again reiterated strongly the intent of his award instructing the Department to comply. The City is required to negotiate this matter with the UFA prior to assigning any members off the chart for training, in accordance with the Award, unless it is on OT. The City met with the UFA on January 31 for the first time to begin negotiation. We therefore strongly urge you not to accept any assignments off the chart for training unless you are specifically ordered to do so. If ordered, make sure it is in writing. If not, place an entry into your company journal indicating you were ordered to do so. Ask your officer to place an OT entry on your TPR for any hours you work outside your normal group's chart schedule. Members voluntarily accepting these training details may serve to undermine the negotiation process.

NO MMOT Details Outside of Your Battalion: Members are reminded that the Dept may NOT detail MMOT members outside of your Battalion.

RSOT Tour Rescheduling: The Dept may NOT reschedule RSOT tours against your wishes that are assigned to you in accordance with its published schedule based on your group chart and initially assigned vacation (or for rescheduled RSOT tours and mutualed RSOT tours that have been approved IN WRITING with proper endorsements through channels). If DSCO tells you your approved RSOT tour is cancelled, contact the Trustee-on-Duty immediately and report for your RSOT tour! However, you are not guaranteed to work RSOT on any given tour unless it is approved as noted above. Keep in mind that DSCO may approve requests to work RSOT if the City is understaffed for any particular tour--even on short notice. For denials, it is highly recommended that you document all denials if you intend to carry it over into the next year. You must have the Battalion Aide fax the requests to DSCO, which will fax back an approval or denial. This will document your attempts (and the Department's denial) to work your contractually guaranteed RSOT tours when you apply to carry them into the following year. The more denials you document the better your chances of carry-over without problems.

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OT for Safety Interviews, Phone Interviews
Safety interviews benefit firefighters because this information has only been used to help redraft policy to prevent deaths or serious injuries to our members. There are no recordings and members are not asked to sign anything. If a member is asked to be interviewed by Safety, that member should not consent without immediately contacting the UFA and obtaining representation. The UFA's position is that interviewed members--including those on Medical Leave--are entitled to 6 hours OT, not 4, in accordance with our contract. Phone interviews should never, at this point, be conducted until an agreement has been worked out with the Department. You do not know if it is in-fact someone from the Dept who is listening or if you are being recorded. The UFA is in the process of negotiating OT compensation (even for a few minute call) for phone interviews and security criteria. Interviews are not done on the members' time. They are done on City time! Members with questions should contact Health & Safety Officer Phil McArdle or the Trustee-on-Duty.

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Military Issues

Refund of Military Time Union Dues: The UFA Executive Board approved a refund of all dues money that was paid by members who served active duty since 9-11 during the time they actually served. More then 60 refund checks totaling over $25,000 were mailed this week to all members who have returned from their latest tour.

UFA Care Packages to Activated Military Members: Staten Island Trustee Donald Ruland is coordinating the UFA Military Care Package program. There are currently 26 activated members. The US Military does not provide information regarding locations a member is assigned. We are in the process of gathering that information so packages may be sent to all soon.

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Firehouse Success Stories w/Community Boards & City Council

In the December Firelines issue, we discussed 'Harnessing the Power of your Local Community Boards' and the 'Your Neighborhood Fire Company is Closed Today' fax form. We are happy to report that many Delegates and Firefighters did, and continue to, fax those forms to their Community Boards and City Councilpersons each time their company is closed. They also faxed the 'Your Neighborhood Fire Company Was Just Reducedâ€¦' form when manning was reduced in December and January. A number of companies reported positive results. In many instances they generated swift and decisive responses from their Community Boards and City Council Representatives. See several attached response letters. These are real examples of what occurred. On-the-ball companies continue to fax their forms to multiple Community Boards and Council Members whose areas they respond to. Insure you fax copies of whatever you fax out (and any letters you receive in response) to the UFA Recording Secretary's Office at 212-683-4359 (or 212-683-0710 if busy) ATTN: Joe Miccio.

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Medical Leave Lifts Ruling
In a lengthy decision, United States District Court Judge Dora Irizarry has ruled against the UFA and the affected members regarding the Medical Leave Lifts. The UFA and its attorneys are reviewing the decision to determine a further course of action and whether there are grounds to appeal. We will advise the membership with further info as soon as the decision is fully analyzed. This does not affect the rights and interests of the firefighters under the Collective Bargaining Agreement, which is being pursued simultaneously through an ongoing Grievance by Labor Counsel Mike Axlerod and Recording Secretary Joe Miccio. The UFA will not back down in its efforts to defend our members' rights. Phone calls were made to each affected member's cell or home numbers to inform them regarding the ruling on the day the UFA was notified re the ruling. Affected members may contact Joe Miccio at the UFA at 212-683-4832 if you have any questions.

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Medical Office Issues

Medical Monitoring Locker Card: The card helps you keep track of how many medical leaves you have taken prior to getting close to FDNY penalty levels. It also keeps a running calendar day count so you may verify with your W-2 form how many calendar days you have accumulated towards LODI tax deduction at the end of the year. Record your Tetanus boosters and immunizations. Keep the Card taped inside of your locker so you can quickly enter any above info when it happens, instead of relying on recollection days, weeks or months later. Copies were distributed at the Feb 24 Union meeting to all Delegates for their company members.

Medical Office Questions? New UFA Booklet Released: This newly updated UFA Delegate Manual chapter was published in two formats and distributed to each Delegate at the Feb 24 Union Meeting; one for insertion in the Delegate Manual Binder, and the other in booklet form for each company house-watch. It provides answers to many questions members have about Bureau of Health Services issues, including Taking the Remainder of the Tour Off for Injuries, calling sick, postponements, LOD Injuries, Light Duty, Medical Leave disciplinary issues, handling problems at the Medical Office, counseling, immunizations, annual medicals and much more. Make sure you post this booklet so your members can make the most informed decisions for their families. Delegates may order more booklets (and any other booklets) by contacting Recording Secretary Joe Miccio.

Payment for LODI Medical Treatment: As per DO #14 of 2005, members who receive written Dept authorization for outside treatment for Line of Duty Injuries are not responsible for the payment of those services. Therefore, members should not sign documents by a private physician that may make them responsible for payment--regardless of the circumstances. If you choose to do this or pay a physician in advance, the Dept will not reimburse you for any costs you incur.

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2005 Social Security Booklet
The UFA's new 14 page booklet, "What Every Employee Needs to Know", was distributed to each Delegate at the Feb 24 Union Meeting. Delegates keep this in the inside cover pocket of the Delegate Manual. It contains info about Social Security Funds, Retirement Benefits, Disability Benefits, Survivors' Benefits, Medicare, Request for SS Statement and other benefit info. Members should contact their Delegate if they have any Social Security questions.

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Life Ropes
The UFA has notified the Department that we intend to do everything possible to expedite reinstituting the personal life rope and harness for each member. The Department appears to be moving quickly. A second meeting is expected shortly to work together to investigate the feasibility of acquiring this very important piece of equipment for our members. The UFA is 100% in support of this effort. No dollar value can be put on the life of a firefighter!

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Delegate Educational Seminar Registration
2005 Seminar Registration Packages mailed February 1st to all Delegate residences. Delegates who have not received it should contact the Recording Secretary's office at RecordingSecretary@UFANYC.org or 212-683-4359. Several changes have been made to the registration process. The Shirt Size Form should be handed in TODAY to Recording Secretary Joe Miccio, or fax to 212-683-4359 by 2/28. Delegates must also 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 your check. A special Taj Mahal room reservation envelope/ form will be mailed to your home AFTER the UFA receives payment. NEW: It's easy now to make (or change) your 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. Mail your registration & reservation early as possible to insure your discounted rate.

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E-241/L-109 Fundraiser for "Friends of Dominic"
E241/L109 invite you to a benefit to offset the medical costs that the Laforgia family has incurred during Dominic Jr.'s ongoing fight with cancer. Thursday, March 10th, 2005 from 2 - 6 pm at LiGreci's Staaten, Forest Ave, Staten Island, NY. Live music, buffet lunch, bottled beer, wine and soda. $100 raffle will be drawn. 50/50 chances to be sold. Chinese Auction will be held. Suggested donation at the door $40 adults and $15 under 12 years. Anyone wishing to donate prizes for the auction can contact the following: E241/L109 718-745-9480, Tim Butler 347-538-1464, Mike Mullaly 917-412-6406, Jim Schmidt 718-986-4893, Mike Barbarino 631-831-2712, Bob Desandis 917-796-0319.

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Throggs Neck St. Patrick's Day
9am Mass at St. Benedict's Church. 10am complimentary breakfast at St. Benedict's Fr. Albert Hall. 11am assembly on line of march at Lafayette & E. Tremont Avenues. 12 pm Parade start. FDNY Pipes & Drums and uniformed personnel in line of march. Matthew O'Brien E79 - Parade Committee President.

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Bravest Baseball Fundraiser
Bravest Baseball will have a fundraiser party on April 21at 8pm and is sponsored by Artaid at The Salty Dog in Brooklyn located on 3rd Ave and 75 St. The fundraiser will raise money for the team as well as the Thomas Elsasser Fund. There will be a $10 donation fee at the door. For info email Scott@nyfiredup.com or call 917-225-7872.

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Bravest Baseball Tryouts
Bravest Baseball will be holding tryouts for the 2005 season at Forest Hills High School on April 3 and 10 at 1:30 PM. For directions email Scott@nyfiredup.com or call 917-225-7872.

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King of the Ice Firehouse Hockey Tournament
Scheduled to begin on March 28th. Any firehouse interested in playing contact Pat Cleary at 516-650-7719 ASAP.

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FDNY Bravest Charity Boxing Show
Help Our Heroes. Friday, April 1st at Christ the King High School, 68-02 Metropolitan Ave, Middle Village. $20 donation. Doors open at 7pm. First bout 8pm sharp. Half of all ticket sales will be donated to "Wounded Warrior Project" which supports our troops returning home from Iraq and Afghanistan with serious injuries. Sponsored by Budweiser, sanctioned by USA Metro Boxing.

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Fundraiser Party for Heroes Fund, in Queens
To benefit the families of the firefighters who died or were injured in the line of duty on January 23rd, 2005. March 13th. 2pm - 9pm. Killarney's Cottage, 63-28 Woodhaven Blvd, Queens (South of the LIE on Woodhaven Blvd). Live music by blue's band "Body & Soul". Special guest bands include Eugene Ho, Jack and the C's, Square Rooters and for the really brave who wish to sing â€¦ open mic! Free buffet. 50/50 raffle. All monies raised will go to affected families. In conjunction with the NY Post Heroes Fund administered by the Uniformed Firefighters Association. Info: Rob Carlo, L23, 516-643-6499

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4th Annual New York Police & Fire Games
Albany, New York. June 13-18, 2005. For additional info see website at www.nylea.org or e-mail at info@nylea.org. New York Law Enforcement Association, Inc., 3349 Monroe Ave, #182, Rochester, NY 14618. 585-264-0789 fax. Or call Ken Bohan, L106 781-965-8238 or 516-319-9911 (cell).

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Fraternally,

Stephen J. Cassidy
President

Joseph A. Miccio
Recording Secretary