Union Issues
- FDNY Announces Closing 20 Companies at Night
- IMPORTANT: Keep Faxing Company OOS Forms!!
- Roster Staffing Agreement Update
- Zadroga 9/11 Health & Compensation Act Update
- Settlement of WTC Respiratory Cases
- Medical Leave Controls: Grievance Filed
- OCB Ruling on Discretionary OT Control Policy
- Equitable Distribution of Details & Awaiting Relief
- Do Not Volunteer if Jeopardizing Professional FF Careers
- Modified Response Queens Pilot
- Accurate CD-72s for all LOD Injuries
- Uniform Maintenance Non-Taxability Affidavit
- UFA Scholarship Fund Awards
- UFA Financial Statement
- Proposed Constitution Amendments Vote
- Deferred Compensation Plan Fees
- 2011 UFA Workchart Calendar-Packed with Good Info!
- 2010 UFA Parking Placards
- Random Drug Testing Quarterly Reports
- UFA Dental Plan Transfer Period
- Catastrophic Insurance
- 6th Annual MDA $1 per Member per Meal Program
1. FDNY Announces Closing 20 Companies at Night
The FDNY announced it plans to close 20 companies per night beginning some time in February. Fire Commissioner Cassano testified at the December 13th City Council Hearing of the Joint Committees on Finance and Fire & Criminal Justice Services regarding the FDNY fiscal plan. The Fire Commissioner stated that in accordance with the NYC Administrative Code, a 45-day notice will be provided to City Council announcing which firehouses will be closed. Steve Cassidy testified against the closings. The UFA will continue to support the City Council's efforts to keep their firehouses open and communities safe.
2. IMPORTANT: Keep Faxing Company OOS Forms!!
During the City Council hearings last 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 only through YOUR EFFORTS that so many City Council members were aware of the numerous times their neighborhood companies were not available. It is important to continue faxing Company Out of Service Forms to your Community Boards and City Councilpersons! (Find their fax info on the UFA website, www.UFANYC.org, Political Action section.)
****Please make copies of the attached Company OOS Form to keep a supply at your house watch.****
3. Roster Staffing Agreement Update
The UFA Executive Board and its attorneys met with the City Labor Commissioner and Fire Department staff on November 23 regarding the Roster Staffing Agreement. The City stated it believes it is not required to negotiate with the UFA and intends to reduce staffing on all 5-man engines on February 1st. This completely contradicts Commissioner Cassano's City Council Testimony on March 10th and June 4th. The UFA is prepared to file for injunctive relief and arbitration. Another meeting with the City is scheduled for December 22 at the Office of Labor Relations. Delegates are reminded that the complete language of the 1996 Roster Staffing Agreement, its history and FAQs are in the Contracts & Agreements Chapter of the Delegate Manual. We will keep the membership updated. Steve Cassidy updated the membership at the November 18 Union Meeting.
4. Zadroga 9/11 Health & Compensation Act Update
At this point it is still uncertain if there will be enough support in the Senate to pass it in a brief lame duck session. The UFA has been in Washington D.C. on numerous occasions, including with Mayor Bloomberg and both our Senators, for press conferences and to lobby.
5. Settlement of WTC Respiratory Cases
The proposed settlement of the claims of approximately 10,000 individuals who have become ill from 9/11 exposures, which required that at least 95% of the claimants agree to the settlement in order for it to become effective, was finally approved late last month. A Court appointed neutral arbiter will be evaluating the claims to specify a monetary award for each individual claimant. That process is expected to take up to 1 year.
6. Medical Leave Controls: Grievance Filed
On December 2, 2010, the UFA filed a grievance regarding the conflicts between the Medical Leave Controls policy, which was implemented in August 2010, and section 17.12.9 of the FDNY Regulations and also the UFA Contract. In accordance with the objectionable policy, members who become ill or injured during their tour have been ordered to report to the Medical Office after the end of their tour-without OT.
Specifically, the Medical Leave Controls policy (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. However, pursuant to 17.12.9 of the FDNY Regulations, entitled "Medical Leave," UFA members who report an illness or injury during their tour - and if ordered to remain at work beyond the end of their tour to await the arrival of the Medical Officer - "overtime will be authorized. (TPR Code 1464/1465). Form FS 260 is also required." Furthermore, pursuant to Attachment S of the 2008 - 2010 UFA Collective Bargaining Agreement, "a member who reports being injured or becoming ill while on duty shall receive overtime while waiting for a doctor after his or her scheduled tour of duty ends if ordered by the Medical Officer to stay."
Accordingly, your Officer should submit a TPR mark for OT if you are ordered to stay beyond the end of your tour to see a Dept doctor-regardless of where you must meet the doctor. In addition, make a Company Journal entry if your Officer informs you that he/she was ordered not to submit an OT TPR mark, and submit a payroll inquiry. If the inquiry is denied (or your Officer does not give you a mark), forward a copy of the denial (and/or company Journal entry) to UFA Recording Secretary Joe Miccio at fax #212-683-4359 or email to RecordingSecretary@UFANYC.org. This is necessary for the UFA to recoup the OT owed to each individual member if our case is successful.
IMPORTANT: As filed in our case, injured members who were in pain and just fitted with knee braces, casts, crutches and/or other orthopedic devices by the hospital ER doctor, were ordered to report immediately to the Medical Office. The UFA Grievance maintains that this is harassment-and dangerous. If you believe reporting to the Medical office will pose an additional risk to your welfare, including increased pain and swelling, and/or an unnecessary risk of exacerbating the initial injury, you are within your rights to politely inform the Medical Officer that you are requesting a postponement to appear at the Medical Office "on the next clinic day," as per FDNY Regulations 17.12.9. If you are still ordered to report immediately to the Medical Office with these types of medical conditions, even if told you will be transported by the Dept, stay put and notify the UFA immediately before following an unsafe order!
7. OCB Ruling on Discretionary OT Control Policy
The Office of Collective Bargaining ruled that the Department was within its rights to institute its OT cap policy, which previously limited members to 81.25 hours per quarter and 325 hours per year. However, keep in mind that, in accordance with the policy (PA/ID 1-2009), members may NEVER be denied their right to work RSOT, MMOT, Portal OT, Awaiting Relief and Washup OT, even if the OT caps under this policy have been exceeded. (Contact the UFA Recording Secretary, Joseph Miccio if you are denied these types of OT.) Only discretionary OT, such as 'Other OT,' will be limited by the caps under PA/ID 1-2009. Also note that the OT cap was recently raised to 375 hours per year, and the strict 81.25 hour quarterly cap language was eliminated, though OT still will be equalized quarterly over the preceding year. (Don't confuse the OT Cap with Redline limitations, which only applies to MMOT!)
8. Equitable Distribution of Details & Awaiting Relief
In accordance with AUC 287, "Company Commanders shall maintain records in order to provide to the greatest extent practicable...an equitable distribution of firefighter details to other quarters...and awaiting reliefs." This is not governed by the OT Cap Policy or Redline.
9. Do Not Volunteer if Jeopardizing Professional FF Careers
We have been informed by the NYS Professional Firefighters Association that the Newburgh FD local is facing a difficult battle with impending layoffs. We have been asked to request our members not to participate in any fire department related activities in and around the city of Newburgh. UFA and IAFF members are reminded that, in accordance with both the IAFF and UFA Constitutions and Bye-laws, members who volunteer as a Firefighter or EMT where such status "jeopardizes an IAFF affiliate" may be declared a "member not in good standing." Members who volunteer in a department that responds to Newburgh via mutual aid are in violation.
10. Modified Response Queens Pilot
As previously discussed, the Dept says its Modified Response protocol was created to reduce apparatus accidents. However, it is clear that this pilot-along with the misleading response time numbers fabricated under Unified Call Taker-is nothing more than a dangerous strategy to produce misleading data to support its objective of closing many firehouses in 2011. Please insure you continue to drive safely under all circumstances and conditions!
11. Accurate CD-72s for all LOD Injuries
Steve Cassidy, V.P. Jim Slevin, Treasurer Bob Straub and Brooklyn Trustee John Kelly, who sit on the FDNY Pension Board, remind all members that the CD-72 is a primary document which is carefully reviewed by the Pension Board when making disability pension determinations. Make sure your members prepare them accurately, and seek UFA guidance when uncertain!
12. Uniform Maintenance Non-Taxability Affidavit
It is extremely important that each member file the form with their Officer. Per Dept Orders, "failure to properly complete and file an affidavit may result in the issuance of a corrected W-2 form that includes the Uniform Cleaning Allowance as taxable earnings." Affidavits and instructions may also be obtained by accessing the Department's Intranet. Audits will be conducted to ensure that affidavits are being completed and filed. See your Officer if you have any questions regarding this issue.
13. UFA Scholarship Fund Awards
The UFA Scholarship Fund mailed the $500 scholarship checks on December 1 to over 1,000 eligible members and dependents who filed by the deadline.
14. UFA Financial Statement
UFA Treasurer Bob Straub reports that the UFA 6-Month Financial Statement was mailed to FDNY Firehouses and Delegate home addresses November 12.
15. Proposed Constitution Amendments Vote
The proposed UFA Constitution amendments, as published in 65-2 #57 of 2010, were discussed and voted on by all members present at the November 18 Union Meeting. The Constitution Committee and Executive Board's votes were presented. The submitted proposed amendments failed to receive the required number of votes by the membership present. The complete text of the proposed amendments was mailed to all FHs and Delegate residences with the October and November meeting notices.
16. Deferred Compensation Plan Fees
If you have invested into the City of New York Deferred Compensation Plan, you probably received a letter recently from Deferred Compensation explaining certain fees. The issues outlined in the letter impact all NYC employees, not just UFA members. This issue was explained to all delegates present at the November 18 Union Meeting.
17. 2011 UFA Workchart Calendar-Packed with Good Info!
The UFA would like to thank Mike Block and his firm, Sullivan, Papain, Block, McGrath & Cannavo, P.C., for covering the entire cost of printing the 2011 UFA Workchart Calendar. Calendars for each company were distributed to all Delegates present at the November 18 Union Meeting. It is designed to give members better access to UFA info and other services. The inside front cover includes phone numbers of all companies, battalions & divisions-noting which share quarters. The flow chart on the rear cover, 'Getting Your Problems Solved with UFA Help', makes it easy to get help. Important phone numbers, faxes or email addresses are also included on the back cover for health care providers, the UFA SBF, Medical Office, Insurances, Legal, FDNY HQ, the UFA and much more. The Medical Office section includes phone numbers and the proper address to give to medical care providers if injured on duty to insure YOU do not receive the bills. It includes lots of good information. Keep a copy handy!
18. 2010 UFA Parking Placards
Your 2010 Parking Placards expire on February 1, 2011. The new 2011 Parking Placards will be distributed at the January Union Meeting by each Borough Trustee, to Company Delegates only.
19. Random Drug Testing Quarterly Reports
The FDNY reports that the following units were tested randomly between 7/1/10 to 9/30/10. A total of 77 units were tested: 35 Engines, 28 Ladders, 7 Battalions, 1 Marine Unit, 1 Medical Officers Unit, 1 Squad, 1 SOC Unit, 1 SOC Battalion, 1 Hazmat Unit, 1 Hazmat Battalion, and 9 Fire Marshals. Reports listing each company tested and individual dates are attached. Reports listing each company tested and individual dates were distributed at the November 18 Union Meeting. Reports are sorted by both company and chronologically.
20. UFA Dental Plan Transfer Period
Healthplex, which manages the UFA Dentcare program (no out-of-pocket) & UFA Family Plan (pay & reimbursement and also no out-of-pocket plan), was present at the November 18 Union Meeting to distribute literature and answer questions. The Dental Transfer Period for active and retired members, where members may roll over between plans, ends December 31. Changes become effective on January 1, 2011. Transfer forms, fee schedules and literature for SBF and Healthplex were distributed at the November 18 Union Meeting.
21. Catastrophic Insurance
A representative from Marsh Catastrophic Insurance was present at a member service table during the November 18 Union Meeting to assist members. For many years the UFA has been highly recommending that members consider coverage under this affordable catastrophic policy. The catastrophic plan can help cover many expenses not normally covered by your City Plan.
22. 6th Annual MDA $1 per Member per Meal Program
During the week of January 23 the UFA will once again be asking members to participate in this fund raising effort to help those afflicted with Muscular Dystrophy. Donations received from this go directly to those in our area, including many of our own member's families. All donations can be sent to the Muscular Dystrophy Association, Western Long Island District Office-3231, 5 Dakota Drive # 101, Lake Success, NY 11042.
Fraternally,
Stephen J. Cassidy
President
Joseph A. Miccio
Recording Secretary
