65-2 #60 October 07, 2010

Union Issues


1. Longevity Increase at All Steps
Implementation of $253 longevity increases for 5, 10, 15 and 20 year Longevity Steps for UFA members became effective July 31, 2010. Inquiries may be submitted to the Bureau of Payroll in written form only.

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2. City Health Plan Providers at October 14 Union Meeting
City Health/Medical Plan vendors will be present at the October 14 Union Meeting to answer your questions and distribute literature. Make sure you get the info you need to best protect your family!!! See paragraph numbers 23 and 24 for important plan transfer info and deadlines.

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3. Retro Pay for Eligible Military Members: 10/21 Deadline
The 2009 War Supplemental Appropriations Act established Retroactive Stop Loss Special Pay (RSLSP), providing $500 for each month/partial month served in stop loss status. Service members, veterans, and beneficiaries of service members whose service was involuntarily extended under Stop Loss between Sept. 11, 2001 and Sept. 30, 2009 are eligible for RSLSP. To receive this benefit, those who served under stop loss must submit a claim for the special pay. Throughout the year, the services have been reaching out to service members, veterans and their families through direct mail, veteran service organizations, and the media. But there is still money left to be claimed, and the deadline is approaching. The average benefit is $3,700. Individuals who meet eligibility criteria may submit an application between Oct. 21, 2009 and Oct. 21, 2010. By law, there is no authorization to make payments on claims that are submitted after Oct. 21, 2010. See attached 65-2 #53 for details.

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4. UFA Blasts FDNY’s Pilot Modified Response Protocol in Queens
The FDNY began on October 4th its 90-day Modified Response pilot program throughout the entire borough of Queens in an attempt to reduce accidents. It decreases the number of fire units that respond to certain types of emergencies with lights and sirens. The Dept says it is testing to see the impact of reducing the use of lights and sirens for the second and third engine companies heading to emergency calls that are not fires, like a gas leak or a stuck elevator. The first responding unit will still respond with lights and sirens, but those that follow will do so at a reduced speed under signal 10-20 response protocol. The UFA met with the Chief of Department earlier this month to voice our safety concerns for the public and Firefighters. The issue was then discussed with all members present at the September Union Meeting. See your Delegate for more info. The UFA has been in the NY Times, on NY-1 and other media citing the dangers to FFs and the public.

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5. Medical Leave Controls
Supplement #42 to Dept Order #59 states that members who report an injury/illness/fatigue/exhaustion "may be directed to report to the BHS" when requesting Medical Leave during a tour, even if after BHS normal hours. The UFA disputes the Department's ability to implement this order. We disagree and are currently in discussions with the Department seeking a change.

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6. House Passes Zadroga 9/11 Health & Compensation Act
The U.S. House of Representatives approved the James Zadroga 9/11 Health and Compensation Act legislation on Wednesday, September 29. The vote was 268 to 160. While we are pleased with the house vote, the bill’s fate in the Senate is unclear and we anticipate greater opposition. The UFA is working with Senators Schumer and Gellibrand to assist in getting it passed in the Senate. The Senate will not reconvene until after Election Day. President Barack Obama has said that he would sign the Zadroga Bill into law once it passes the House and the Senate. The UFA provided transportation to Washington D.C. on September 29 in support of the Zadroga 9/11 Health and Compensation Act. The UFA would like to thank the active and retired members who turned out on September 29 and September 15, for Lobby Day, to support this very important bill. 

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7. Primary Day & Upcoming Elections
The UFA published its list of candidates it supported in the Primaries. We thank all members who turned out on Primary day to assist and for supporting candidates we believe will best represent issues that are important to NYC Firefighters and their families. There will a Battalion Advisory Committee Meeting for Political Action immediately following the October 14 Union Meeting to discuss possible endorsements for candidates we will be supporting for Election Day on November 2nd. All members of the Committee must attend and should bring another member from the Battalion with them. We will be very active politically right up until the November General Election and will once again need your help turning out all members in GOTV (Get-Out-To-Vote) operations leading into the election. The UFA needs Volunteers for the weekend before Election Day, as well as Monday, November 1 and Election Day on Tuesday, November. 2. Members interested in helping are requested to send in cell and email contact info to PAC@UFANYC.org to use for mobilization contacting. HELP US SUPPORT CANDIDATES WHO SUPPORT LEGISLATION, AND FDNY PRACTICES, THAT ENHANCE THE SAFETY FOR NYC FIREFIGHTERS AND THE PUBLIC WE SERVE!!!

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8. Mosque at Ground Zero
Mayor Bloomberg has claimed religious freedom in America hangs in the balance and defended his support of the WTC mosque, stating, "Firefighters that went into those buildings and gave their lives—they didn't go in and say, 'Excuse me, what's your religion?'" It is utterly inappropriate for the mayor to invoke dead heroes in a pathetic attempt to bolster his argument. His comments are irrational—he's wrong and owes 343 families an apology. See attached NY Post article written by Steve Cassidy.

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9. Judge Allows FDNY to Hire 300 Probies—City Declines
Judge Nicholas Garaufis had temporarily barred the City from hiring the probationary firefighters from Exam 6019 after ruling it discriminated against nonwhite applicants the same way two previous exams he deemed illegal did. On September 13 he gave the City an option to select one of several hiring procedures spelled out in his 27-page order. The City rejected the alternatives in his proposal stating "the City declines to select any one of the five proposals offered by the Court. We understand that as a result the City is not permitted to hire any entry level firefighters for the duration of the ‘temporary injunction.’ Under the supervision of the Special Master the City is striving to develop a new examination in conjunction with the other parties as expeditiously as possible." The City estimates it would take a minimum of 8-12 months before it could create a new examination and begin hiring off of a new list.

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10. Roster Staffing Agreement
The current roster staffing agreement expires in January 2011. The Fire Commissioner maintains that if an agreement cannot be reached "arbitration will be necessary." We have already told the Department that the UFA will not consider any reduction in staffing in lieu of closings. This is an issue of Firefighter and public safety. The UFA has conducted dozens of meetings with elected leaders from Washington, Albany, City Hall and throughout the five boroughs to discuss the importance of maintaining proper staffing in NYC!!

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11. Future Closings?
Keeping the firehouses open this summer was a major victory for public safety, but our fight is far from over. The Bloomberg administration announced this week that it is requiring the Fire Dept to come up with another 2.7% in cuts for January 1. Keep Faxing Company OOS Forms!!  During the City Council hearings in June, Council Members pressed the Dept—stating they weren't happy with the high number of occasions their neighborhood companies were relocated to other neighborhoods and boroughs—noting protection would be further diminished with increased relocations due to any future closings. It is important to continue faxing Company Out-of-Service Forms to your Community Boards and City Councilpersons! Keep a supply of Company OOS Forms at your house watch.

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12. Pension Legislation
In June 2009, Governor Paterson vetoed the Tier II Pension Extension Bill, which had previously been approved by the Senate, Assembly and Governor every two years for the past 30 years. Only future hires with all the Fire and Police unions throughout the state were affected by the veto, which has no impact on anyone now employed by the FDNY. This winter, Firefighters and Police Officers outside NYC agreed to a new pension tier. They maintained the 20 year pension but must now contribute 3% towards their pensions throughout their careers (NYC Firefighters have always contributed to their pensions). In addition, they agreed to other changes regarding vesting requirements and overtime pension calculations.

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13. Tier III Pensions for New Hires
As a result of the governor's veto, every NYC Police Officer and Firefighter hired after 7/1/09 will automatically be placed in Tier III. Tier III requires employees to work a minimum of 23 years before reaching retirement eligibility, but it has a built-in annual COLA. Not all issues are clear or resolved, including reduced disability and death benefits under Tier III. The UFA will continue to update you on the UFA's negotiations for a new pension tier as they develop.

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14. Presumptive Illness Retirement Laws
Since the Tier II veto, the UFA spent considerable time in Albany meeting with elected officials regarding maintaining important pension and retirement standards. We insisted that any new tier must include a provision that makes all of the UFA's presumptive bills permanent. The UFA was successful last winter in getting these legislative improvements made into law. All current and future members and their families now have the protection of permanent heart, cancer and communicable disease laws. No longer will the legislature or future governors be able to play political games with the laws that protect NYC Firefighters.

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15. Pension Protection Bill Pending
After obtaining a home rule from the City Council by a vote of 49-1, both the NYS Senate and Assembly have passed the Pension Protection Bill which provides that after a member reaches their 20th anniversary, they shall not be precluded from any rights he/she is entitled otherwise to nor upon retirement shall his benefits be in any way diminished as a result of a discharge or dismissal. The UFA has been fighting for this right for many years and we finally convinced the legislature that this was a matter of equity with all other public employees. The last hurdle will be the Governor, which will not be easy. The Bloomberg administration is opposed to this bill and we will do everything possible to convince the Governor that it is a matter of equity and fairness with all other public employees in the state. We anticipate that this bill will be sent to the Governor shortly.

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16. Safe Response
Health & Safety Officer/Sergeant-at-Arms Bill Romaka reminds the membership of the importance of a safe and efficient response and to follow all safe response protocols issued by the Dept.

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17. PASS Alarm Improvements
The UFA met with the Department in Labor-Management on September 14. The PASS Alarm upgrades and subsequent fixes have all been completed. Per Edward Kilduff, Chief of Department, a joint UFA-UFOA-FDNY Health & Safety Labor-Management meeting will be scheduled shortly regarding these modifications.

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18. UFA Scholarship Applications Deadline Oct. 12th
REMINDER: Applications and instructions for the UFA Scholarship Fund are available on the UFA website: www.UFANYC.org. Deadline for submission is October 12, 2010.

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19. FF Family Scholarships List Available on UFA Website
The UFA website includes a special Firefighter & Family Scholarship Section. You can look up scholarships offered by the UFA, FDNY, FDNY fraternal organizations, memorial scholarship funds, and other scholarship information that the UFA is made aware of. There is also an FDNY catalog listing courses, scholarships, and partner colleges. Scholarships and grants are listed alphabetically with contact info, eligibility requirements, award amounts, as well as submission and reward dates. If you wish to add scholarships not yet listed, forward the info to UFA Recording Secretary, Joe Miccio via fax at 212-683-4359 or email at RecordingSecretary@UFANYC.org.

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20. Proposed UFA Constitution Amendments
In accordance with the UFA Constitution, the Constitution Committee met on September 21 to review proposed amendments, which were published on 65-2 #57 and mailed with the October Union Meeting Notice. As per the UFA Constitution, they will also be mailed with the November Union Meeting Notice. Proposed amendments will be discussed and voted on at the November Union Meeting.

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21. Delegate Manual Chapter Replacement Instructions
Copies of the "UFA Contract" Chapter and the Contract were distributed to all Delegates at the September Union Meeting. Delegate Manual Chapter Replacement instructions: Remove and discard pages 5.1 thru 5.52 of the "Your Rights Under the UFA Contract" chapter. Replace with the new chapter titled "UFA Contract," which contains the enhanced TOCs and FAQs. Insert the 74 page Contract/Agreement after page 5.13.

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22. Quarterly Random Drug Testing Reports
The FDNY reports that the following units were tested randomly between 04/01/10 and 06/30/10. A total of 85 Units were tested within this period: 46 Engines, 27 Ladders, 5 Battalions, 3 Divisions, 1 Borough Command, the Medical Officers Unit, 1 Rescue Unit, 1 Marine Unit. Nine Fire Marshals were also tested within this period. Reports are attached to the September 16 Union Meeting President Report. See your Delegate.

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23. City Health/Medical Plan Transfer Period in November
The Health Benefits Transfer Period for active and retired members begins November 1, 2010 and ends November 30, 2010. Health plan changes requested during the Transfer Period will be effective the first day of the first full payroll period in January 2011 for active members. (For retirees, the Health Benefits Transfer changes requested during the Transfer Period will be effective January 1, 2011.) Late changes will not be accepted by the City!!! During the annual Transfer Period active members may transfer into any health plan offered for which they may be eligible, add or drop optional rider coverage or add or drop dependent(s). To make changes, (including enrolling in the Buy-Out-Waiver Program), the member must complete a Health Benefits Application. (To elect the Buy-Out Waiver Program or change health premium contribution tax status, members must fill out both a Medical Spending Conversion Enrollment/Change Form and a Health Benefits Application. Conversion Forms must be completed and returned to your agency personnel office or health benefits rep by a date to be announced.) Forms are available at www.nyc.gov/olr or through the Health Desk at Fire Headquarters. Members who waive their City health benefits, will lose their PICA drug coverage.

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24. Affordable Care Act: Coverage Under Age 26
The new health care reform law, the Patient Protection and Affordable Care Act (PPACA), contains a provision that extends coverage for young adults up to age 26. 'Children' are now allowed to remain on their parents’ health plans well into adulthood. Health plans are required to cover these young adults regardless of whether they are full-time students or if they are married. As of July 2011 coverage for young adults up to the age of 26 will be available through the City of New York Health Benefits Program.

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25. Update Your Address, Email, Phone #s with the UFA
Members and Delegates wishing to receive important information or notifications from the UFA should insure that their residence addresses, email addresses, home and cell phone numbers on file with the UFA are updated and accurate. In order to do this, you must prepare and sign a 'SBF Change of Address Form' and mail to the UFA, Attn: SBF. Forms can be obtained from your Delegate, who can assist you, or you can call the UFA SBF at 212-683-4723, or visit the Forms Section of the UFA web site at www.UFANYC.org.

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26. Change of Beneficiary/Address Checklists
UFA Recording Secretary Joe Miccio reports that Change of Beneficiary and Change of Address Checklists are inside the following three Delegate Manual Booklets: 'Security Benefits Fund', 'NYC Health Plans', and 'Insurances & Free Benefits.' They also include contact information for making changes. More Booklets can be ordered from the Recording Secretary's office at 212-545-6973.

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27. Savings Bonds Payroll Deductions Expired
Excerpted from Dept Order #70: On September 24, 2010, the Office of Payroll Administration expired all deductions for employee savings bonds. Paper payroll savings bonds will no longer be available. Instead, city employees will have the opportunity to invest in savings bonds and other treasury securities through TreasuryDirect, a convenient and secure web-based system that allows employees to purchase, manage and redeem paperless savings bonds from home. Employee savings bond refunds will be issued through a negative one-time deduction. This refund will be paid on a later date. For more information about TreasuryDirect, please go to www.treasurydirect.gov or call 1-800-722-2678.

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28. FF Michael Kiefer (L-132) Annual Doo Wop Memorial Fundraiser
On Sunday October 17th, 4-9pm, at Plattdeutsche Park Restaurant, on 1132 Hempstead Turnpike, Franklin Square, NY. Tickets: $100. Includes beverages, buffet dinner, desert, raffles, 50/50, T-shirt sale and more. Proceeds benefit the NYC Firefighter Brotherhood Foundation Inc. and the FDNY Fire Family Transport Foundation. For more info and tickets call Bud Kiefer, 516-485-5021.

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29. 4th Annual Firefighter Cook-Off & Fundraiser
On Wednesday, October 20th from 6-9pm at the NYC Fire Museum located at 278 Spring Street. Tickets: $50 for FF's, $60 in advance (non-FF's), $75 at the door. All are welcome to join for a fun-filled night that includes FH chow from FDNY chefs, beverages, 50/50, raffle and great door prizes. Proceeds go toward creating a new Marine exhibit. For more info call Linda Burke, 212-691-1303 ext. 15.

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30. 5th Annual Captain Paddy Brown (L-3) Fundraiser
On Saturday, November 6th from 2-6pm at Eleanor Rigby's located at 133 Mineola Blvd. Donations: $50 includes food, beverages, and T-shirt. Proceeds to benefit Building Homes for Heroes. For more info contact Carolyn Brown, 516-984-7776 or go to www.paddybrown.org.

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31. Mayor's Graduate Scholarship Program
Open to all city employees, including active members of the FDNY, who have an undergraduate degree from an accredited college/university and meet the minimum scholarship requirements. Applications and eligibility requirements are posted at www.nyc.gov/mgsp. All applications must be sent to Jacqueline Merveil, FDNY Registrar, Bureau of Training/Fire & Life Safety, 401 Murray Avenue, Ft. Totten, NY 11359. For more info call Jacqueline Merveil, 718-281-8465. Deadline: Novemebr 22, 2010.

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Fraternally,

Stephen J. Cassidy
President

Joseph A. Miccio
Recording Secretary