65-2 #17 February 20, 2005

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 Department and has granted the UFA's motion to restrain the Department 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.  

Fraternally.

Stephen J. Cassidy
President

Joseph A. Miccio
Recording Secretary










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