Union Meeting's President's Report

Thursday, February 10, 2011
President's Report
for Special Membership Meeting
International JFK Airport Hotel, Queens, NY

Special Business

  • SBF Help Table Today Members who require help regarding dental, prescription drugs, optical or any other benefits provided via the UFA SBF should visit the SBF table today. SBF personnel are there to help you.

Items To Pick Up Today:

  • Salary Chart Package for LODI Deduction Calculation
  • Special 65-2 # 16, 2010 Tax Year Issue
  • Special 65-2 # 15, ITHP Waiver / 50% Indicator
  • Special 65-2 # 17, Deferred Compensation Plan (457/401k)
  • Media Clip Package re Staffing
  • Social Security 2011 Booklet Revision Page

Today's Agenda

1. Fire Marshal Representative Election Results
Roster Staffing OT Continues
The American Arbitration Association finished the run-off ballot count on February 1st, under the observation of the UFA Election Committee, which is comprised of one member from each borough, and the UFA Recording Secretary. 87 valid ballots were returned & counted as follows:

Steven Tagliani: 60
Douglas Ryder: 27
Congratulations to Steven Tagliani. Steve's term began on February 1st, in accordance with the UFA Constitution.

2. Formation of Police & Fire Public Safety Alliance Press Conference Held Yesterday - Bloomberg/Media Lies & Attacks on Fire-Police Pensions
Yesterday, the UFA and PBA held a joint press conference on the steps of City Hall to announce the creation of a Fire & Police Public Safety Alliance. In addition, Steve Cassidy and Pat Lynch, PBA President, appeared on Inside City Hall last night. The purpose is to combat the outright lies and misinformation campaign by Mayor Bloomberg designed to influence the public and elected officials about police and fire pensions and the Variable Supplement Fund. The Mayor proposed to take away the VSF and reduce pension benefits of all Firefighters and Police Officers. The Public Safety Alliance is designed to use all our resources to educate our elected officials and the media regarding the history of the VSF, and what the Fire and Police Unions gave up in exchange for them. The UFA will be posting the video of the press conference and the NY 1 Inside City Hall appearance on the UFA Homepage.

3. UCT Hearing at City Hall Last Week
A hearing led by Fire and Criminal Justice Chair Elizabeth Crowley regarding all the problems with the controversial Unified Call-Taker system was held at City Hall on February 1. Steve Cassidy testified that not only has UCT caused delays and dangerous mistakes, but the plan deliberately misleads the public by not counting the call taker time, which the Bloomberg administration uses to justify cuts to the FDNY. See attached clip from 'The Chief'.

4. 'Blaze Fighter' Glove Problems
The UFA has had a series of meetings and communications with the Chief of Safety and Chief of Department since hand burn injuries while wearing Blaze Firefighter gloves were first reported in November. The Dept. announced last week on Supplement #6 to Dept. Order #8 it has found that the Blaze Fighter glove, which is currently used by many field units, is not in compliance with safety standards set by the National Fire Protection Association (NFPA). See attached 65-2 #14, Dept. Order #8 sup no. 6, and Pass It On Bulletin 2/2011.

5. Roster Staffing Agreement Issues
UFA-UFOA Press Conference Announcing Legal Action Against Reduced Staffing: On January 31, the UFA and Uniformed Fire Officers Association (UFOA) held a Joint Press Conference announcing that they have filed legal action in an effort to stop Mayor Bloomberg from reducing Firefighter staffing levels at the busiest firehouses across New York City. Visit the Homepage to see the Press Release, and for the latest updates and media coverage.

The 5th Man: UFA Files for Injunctive Relief: On February 1, the City removed the 5th man from all 60 five FF engines. The UFA filed jointly with the UFOA for injunctive relief in an effort to demonstrate irreparable harm, and also a separate Improper Practice charge alleging the City failed to negotiate the terms of the Roster Staffing agreement or any adverse safety impact from its decision to eliminate the 5th FF. If our Injunctive Relief petition is successful, the Dept. will be required to maintain current staffing during the Improper Practice hearing process. If the Injunctive Relief petition is unsuccessful, staffing will remain reduced until the Board of Collective Bargaining renders a decision. Delegates are reminded that the 1996 Roster Staffing Agreement is in the Contracts & Agreements Chapter of the Delegate Manual. Media packages covering this issue are at your Trustee table today.

96 Hours OT Continues: Pursuant to the UFA's request at our Roster Staffing Agreement meetings, the City confirmed in a letter to the UFA that, "the City of New York expects to continue to provide 96 hours of Roster Staffing overtime opportunities in the same manner as before." The Roster Staffing OT schedule for 2011 has been promulgated on the Dept.'s Intranet.

Riding Early in Understaffed Units: Department Regulations 11.1.2 require that all members riding must be assigned on the Officer's Riding List. If you are not on the Riding List, you are not permitted to ride. Early relief is only permitted man-for-man, as per Department Regulations 21.1.4, which state "Members may be relieved before roll call for a period not to exceed 60 minutes. Such relief shall be on mutual exchange basis." Members are reminded that if you arrive at work early and your unit is still riding understaffed, you are not permitted to ride unless it is an authorized early relief of another FF, or if ordered by your Officer. If ordered, you will be entitled to over time compensation for all time worked prior to commencement of your regular tour start time. If you ride early in violation of Department policy, as noted above, you may not be covered by the City if you are injured. You will also be exposing your Officer to possible liability as well. It was the City's decision to reduce manning to save money at the expense of Firefighter and civilian safety. Do not jeopardize your family and your career. We are professional Firefighters. UFA MEMBERS DO NOT WORK FOR FREE!

Understaffed Unit Injury Reporting: Any member who becomes injured in the Line-of-Duty while working in an *understaffed Engine or Ladder is requested to notify your Delegate. The Delegate or another member of the unit should fax a copy of the Officer's Unusual Occurrence Report and any additional pertinent information to the UFA at 212-683-4359 or 212-683-0710, ATTN: Joe Miccio, Recording Secretary. *UNDERSTAFFED UNIT: any engine riding with fewer than 4 Firefighters (3 or less) or any ladder riding with fewer than 5 Firefighters (4 or less) are defined as understaffed units, according to Dept. policy.

24-Hour Mutual Restriction Policy: UFA Files Grievance: The City Labor Commissioner sent a letter to the UFA stating the following: "Following the expiration of the Roster Staffing Agreement by its terms, the City presently intends to implement a policy that provides the Fire Department the discretion to suspend the 24-hour mutual privilege to meet operational needs if the average medical leave for firefighters exceeds 7.50% for the preceding 365 day period." The UFA does not believe the Dept. has the right to unilaterally impose punishment on the entire membership as a result of actions of the few. The UFA filed its case with the BCB on Monday. As a matter of fiscal prudence, if 24-hour mutuals are suspended, the City will lose millions of dollars due to unnecessary OT created by the many late runs, fires or EMS calls that normally extend into the next tour. This is because OT pay will be required for members who previously would have continued on-duty into the next tour. Currently, OT pay is not required for duties between connecting tours for members working 24-hour mutuals. This is another example of the heights of City fiscal irresponsibility to the tax-paying residents of New York.

6. Deutsche Bank Trial
It is currently estimated that jury selection in the Deutsche Bank criminal case will begin in late March 2011, with the actual trial commencing 2 to 3 weeks thereafter. The defendants are John Galt Corp and three individuals who were responsible for maintaining the integrity of the fire suppression systems at the Deutsche Bank. The UFA will inform the members when the trial is to actually begin.

7. 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. These include, but are not limited to, FDNY Regulations Chapter 11 and FDNY Safety Bulletins #6, #9, #10, #27 (Winter Driving Tips), and #71. As recommended in Safety Bulletin #27, chauffeurs need to pay attention to the varying weather conditions they are responding in and adjust their responses accordingly. Previous UFA Safety Messages that highlight and emphasize a safe response should also be reviewed.

8. Infectious Disease Exposures
UFA President Steve Cassidy and Health & Safety Officer Bill Romaka both have had discussions with Dr. Kelly at BHS. We let the Department know that we believe the current policy needs improvement and we would make recommendations at the next Labor Management meeting. Unfortunately, the Department cancelled our scheduled February 3rd Labor Management Meeting and it has been rescheduled for March 9th. We will update the membership next month following the Labor Management Meeting.

9. Regular Chauffeur Seat Ruling: UFA to File Appeal
The UFA was notified by the Board of Collective Bargaining on January 14, 2011 of its decision regarding the UFA's Improper Practice against the Department's implementation on October 15, 2009 of its new selection policy for the regularly seated chauffeur. As a result, the regularly seated unit chauffeur selection may now be made based on wholly subjective or arbitrary criteria. However, the 7-page dissenting opinion by BCB Panel Member Charles G. Moerdler, which was published as part of the BCB decision document, is strongly worded and compelling. It notes, "I dissent because in material respects the majority opinion is fundamentally flawed and cannot stand as a matter of law. Indeed, cases that the majority itself cites squarely negate its holding." The UFA is in the process of preparing its appeal, which must be submitted by next week.

10. 2010 W-2: Verifying Annual LODI Tax Deductions
Current IRS regulations provide favorable tax treatment of your wages during the approved period of Line-of-Duty Injury (LODI). Wages will be treated on a pre-tax basis. The Dept computes your LODI medical leave days automatically and deducts the dollar amount from your taxable income as per prior UFA contractual agreement. To verify your proper deductions, see the Salary Chart package, distributed today at your Borough Trustee Table, and refer to the chart that applies to your grade and dates that you were out on LODI. The 'Daily Rates' are circled in the last column on each page. See Special 2010 Tax Year Issue 65-2 # 16 of 2011, which includes additional info regarding the per deim salary rate charts that will allow you to verify the Dept's calculations. It also includes much more info regarding your paycheck deductions and tax calculations.

11. Duplicate W-2 & 1127 Forms Available Through NYCAPS
W-2 and 1127 forms are available through NYCAPS Employee Self Service, www.nyc.gov/ESS. To obtain a duplicate W-2 or 1127 form through the NYCAPS Employee self service, follow these simple steps.

  1. Log into NYCAPS Employee Self-Service, www.nyc.gov/ESS
  2. Under the Payroll and Compensation folder, click the Tax Summary (W-2 & 1127).
  3. Select tax year, view details and print tax form.
  4. If an Employee Self Service password reset is required, please contact the NYCAPS helpdesk at 212-487-0500.

12. Tax Deferral Options
Deferred Compensation (457 & 401k) enrollment and ITHP, allow for direct deductions from your paycheck. As a result of the contributions made your taxes are reduced, and earnings will accumulate tax-deferred. Copies of Special Deferred Compensation Plan 65-2 # 17 and Special ITHP Waiver / 50% Indicator 65-2 # 15 are available HERE

13. Deferred Comp Plan (457 & 401k) Enrollment & Adjustments
The City of New York Deferred Compensation Plan (DCP) is comprised of a pre-tax 457 Plan, a pre-tax 401(k) Plan and a post-tax Roth 401(k) Plan. DCP is a supplemental savings plan to your FD pension and Social Security. To join DCP you must first enroll and get a PIN # by calling Client Services at 212-306-7760. It will take up to 7 days for your PIN number to arrive in the mail. To adjust (or initially select) your DCP contributions, which can be done easily over the phone or via web, you'll need to use your PIN #. Contact the Client Service Department at 212-306-7760 if you have any questions. NOTE: New enrollees cannot select 'Single Payroll' deferral as their first deduction. You can put up to 50% of each check into your (457). If you also have a 401(k), you can put a combined total of 70% of your paycheck into it. Total contributions cannot exceed $16,500 ($22,000 if over 50 years old) for the year for each of the 457 and 401(k) plans. Therefore, the combined total 457 and 401(k) contributions cannot exceed $33,000 ($44,000 if over 50 years old). There are also 'Catch-up' provisions that enable you to double your annual contributions for three consecutive years if you are approaching retirement eligibility. For detailed info about DCP programs, see Special Deferred Compensation Plan 65-2 # 17, which is available HERE, or go to OLR Online.

14. Return Your Parking Placard # List to UFA
If you have not done so already, Delegates must record placard number assignments, then fax (or mail) the provided company placard roster list to the Recording Secretary's office, ATTN Joseph Miccio at 212-683-4359 (or 212-683-0710 if the first line busy). Enter the placard permit #s given to each member, and company roster changes. Delegates should keep a copy for their records.

15. Missing UFA Parking Placards: Police Reports
It is important that all thefts are reported to the police on a Complaint Report, with placard numbers provided. Any unauthorized person caught in possession can be arrested and investigated as to how they obtained the placard(s). Persons involved with illegally supplying parking placards to others WILL be prosecuted by the UFA to the fullest extent of the law. Non-firefighter use of UFA placards in the past has caused legitimate concerns among law enforcement and traffic agents in respecting Firefighter vehicle parking privileges near quarters. Non-firefighters with UFA placards have been arrested for impersonating a Firefighter. Security features were added to insure OUR vehicles are afforded every legal courtesy-not anyone else!

16. Delegate Education Seminar Registration Packages Mailed
Registration packages were mailed last week to all Delegate residences. Seminar registration and hotel room reservations must be made by check only, payable to the 'UFA' (phone registration cannot be accepted), along with the proper form. It must be received at the UFA by March 31 to receive your discounted rate. After the deadline you'll need to make your room reservation by credit card directly with the hotel at the full-price per-night rate - if rooms are still available. If this is your first Delegate Educational Seminar, you can familiarize yourself by reviewing last year's agenda and program activity book HERE. You can also check out the latest notices for this year's Seminar which will be mailed to you this month.

17. Delegate Education Seminar Location & Dates
The 2011 Delegate Seminar will be held May 3 through May 6 in Atlantic City at the Trump Taj Mahal. The May 2011 Union Meeting will NOT be held at the Taj Mahal during the Seminar. It will take place the following week, on Thursday, May 12, as scheduled on the UFA Workchart Calendar, at the JFK International Hotel. Seminar info packets with details will be mailed shortly. In accordance with the UFA Constitution, all Delegates are required to attend the Delegate Education Seminar!

18. Social Security Booklet Revision
The publisher of the 2011 Social Security Booklet that was distributed at the January Union Meeting notified the UFA recently that there is a correction addendum. In December 2010, Congress passed a tax bill that temporarily lowers Social Security payroll taxes for employees from 6.2% to 4.2% for 2011 only. The employer contribution is still 6.2%, and the Medicare tax rate remains the same. The correction addendum is being distributed at your Borough Trustee table today.

19. 6th Annual MDA $1 per Member per Meal Program a Success!
The MDA extends its sincere gratitude to all the members and companies who participated in the Muscular Dystrophy Association Week. Donations received will 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