Union Meeting's President's Report

Thursday, May 12, 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.
  • Delegate Education Seminar - Registration at Recording Secretary / SBF Table Today
    Delegates who were not at the Delegate Education Seminar last week are directed to see Jimmy Dahl at the Security Benefits Fund Table before the meeting begins--to pick up Delegate items distributed at the seminar.
  • Special Order of Business: Candidate Nominations Today
    Candidate nominations for UFA General Election will take place during today's meeting. Candidates who have submitted verified signature petitions must be nominated from the floor, accept the nomination (within 10 days) and fill out required documents in order to be placed on the election ballot. The Recording Secretary will provide all nominated candidates with the required documents to fill out, in accordance with the UFA Constitution, and a diskette of member mailing addresses upon return of the completed documents. Candidates should see the Recording Secretary prior to the meeting for the document package. See below for balloting dates.

Today's Agenda

1. UFA Election Ballot Mailing Dates
Ballots will be mailed to each member's residence by the American Arbitration Association (AAA) on Thursday, May 26, and must be returned to the AAA by 10am on Monday, June 13. Any member who has not received a ballot by Wednesday, June 1 is directed to call AAA directly at (800) 529-5218, M-F 9am to 5pm, or email to Jeff Zaino at zainoj@adr.org, and give the correct residence address (and actual assigned unit--not their detail assignment). A ballot will be mailed to your home that same day. Military members serving active duty may vote via the internet in accordance with the UFA Constitution and the above time requirements (see item #3 below).

2. Ballot Count Date
Ballots will be counted on Monday, June 13 commencing at 10am. Ballot tabulation at the AAA will be conducted under the oversight of the UFA Election Committee, as per the UFA Constitution. The Committee consists of one representative from each borough, which is listed on the UFA website. Election results will be announced via 65-2 Fax the same day ballots are counted. Winners take office effective August 1, 2011 for a 3-year term.

3. Active Military Members May E-vote
Military members serving active duty any time between 5/26/11 and 06/13/11 (and unable to reside at their NY residence) may vote via the internet in accordance with the UFA Constitution and above time requirements. Any activated military member wishing to e-vote must insure your e-mail address on record at the UFA is current in order to receive an e-ballot. If not, immediately prepare a 'SBF Change of Address Form' noting your email address, sign and mail it to the UFA, Attn: Joe Miccio, Recording Secretary. Forms can be obtained from your Delegate, the UFA website or by calling the UFA SBF at 212-683-4723 (or see attached form). Any Delegate with an activated military member assigned to his company is asked to reach out to the family to obtain an email address, if the member is using email while overseas. Provide this info to UFA Recording Secretary Joe Miccio at jmiccio@UFANYC.org. The information will be verified prior to emailing a ballot.

4. To Update Your Address, Telephone or Email with the UFA
Any member wishing to vote must insure your home address on record at the UFA is current. If it is not current, immediately prepare an 'SBF Change of Address Form' and mail it to the UFA, Attn: SBF, to the address on top of the form. Forms can be obtained from your Delegate, the UFA Website or call the UFA SBF at 212-683-4723. See attached form.

5. UFA Press Release: Osama Bin Laden Killed
Statement from the UFA Executive Board:

On behalf of all New York City Firefighters we salute the men and women of the United States military for their incredible perseverance and dedication. Since shortly after the 9-11 attacks they have pursued these cowardly terrorists wherever they hide. While Bin Laden's death is a measure of justice, it still does not bring back the thousands of lives taken that day.

As we approach the 10th Anniversary of the attacks on our nation, New York City Firefighters have been weighed down heavily by the burden of the World Trade Center rescue effort. Not only did we lose 343 firefighters that day, but over 100, formerly healthy, young firefighters have since died from their toxic exposures at the site and many more continue to suffer from significant physical illnesses. No one should forget that New York City remains the #1 terrorist target in the world.

6. Text Messaging Mobile Media System - Firehouse OOS Notification System: Required Data Form
A company roster form for each unit is being distributed at your Borough Trustee table today. Providing this information will allow the UFA to go live with its text messaging Mobile Media System to combat firehouse closings and other fire service reductions. Each Delegate needs to enter all member cell #s by May 18 and fax to UFA Recording Secretary Joe Miccio 212-683-4359 or e-mail to RecordingSecretary@UFANYC.org. Once their numbers are uploaded, those members of your unit will be granted the authority to access the system and communicate instantaneous warning notifications (when OOS, Relocated, Reduced Staffed, etc.) to your local elected officials and community activists--without a trace back to the individual text sender. It is vital to note that the UFA Firehouse OOS Notification System is unable to recognize messages from your unit unless your unit members' cell numbers are uploaded first.

7. Firehouse Closings & City Budget
The mayor's budget proposal, which was released last Friday, May 6th, officially recommends closing 20 fire companies. The Wall Street Journal reported the next day: In previous years, the council has swatted down the mayor's plans to close fire companies. But the mayor on Friday said he doesn't believe it would be "practical" to restore all of the fire companies he plans to shutter. "Maybe we can protect some," he suggested. The mayor and the council are expected to finalize a budget by the end of next month.

WNYC reported: Fire Commissioner Sal Cassano said he will be looking to allies on the Council for some kind of restoration: "If we close 20 companies, response times will certainly go up even though we are doing a great job and reduced them. In many different ways they will go up." Cassano said he has not yet identified which fire companies will be closed. For the last three years, the Council has been able to ride to the rescue, but this year the demands on their discretionary budget will be unprecedented.

WCBS 880 reported: Mayor Bloomberg's proposed $67 billion spending plan could force 20 fire companies to close. Fire Commissioner Sal Cassano's only response is that his companies just won't get to fires as quickly. "The response time goes up; it takes us longer to get there to work the fires. The only saving grace is in the areas that we are potentially going to close fire companies response times are low in those areas. They're below the city average," Cassano said. Cassano said they've done a great job at reducing response times, but with 20 companies closed; those times will "certainly go up."

Steve Cassidy radio spots on WINS, WFAN, WWRL, WOR, ESPN-Radio & WNYM: The Mayor has said time and again he wants agencies to do more with less. New York City firefighters are doing just that. Last year, we responded to more emergencies than ever before. The last seven (7) years have been the busiest in the Department's history. The Mayor already has slashed the Fire Department budget 9 times! Any additional cuts will compromise public safety.

8. Media Campaign Against FH Closings
The UFA has met with various elected officials to discuss strategy to minimize cuts to FDNY operations--and regarding scheduling a Fire Department Budget Hearing at City Hall. The UFA will work again with the City Council, support the affected communities (a 45 day notice is required by the City before closings take place) and run an aggressive ad campaign that informs the public how they will be affected by firehouse closings. IMPORTANT: Keep faxing those Company OOS Forms whenever your unit is taken out of service or relocated!!!

9. Rallies to Save Firehouses
A rally took place on Monday at Ladder 53 on City Island with City Council Fire & Criminal Justice Chair Elizabeth Crowley. Additional rallies will take place as noted below. All available members are requested to turn out.

  • Engine 271: Friday, May 13 @ 1pm, 392 Himrod Street B'klyn, NY 11237
  • City Hall: Monday, May 16 @ 9:15am, 260 Broadway (enter from Murray St. or Park Row), New York, NY 10007. (!!! Was previously scheduled for 9:30am!)
  • Engine 4: Wednesday, May 18 @ 12noon, 42 South St. New York, NY 10005
    • 10. Steve Cassidy on TV re Firehouse Closings
      On Monday, May 9th on WPIX/Ch. 11 and WNYW/Ch. 5, UFA President Steve Cassidy was interviewed regarding the Bloomberg Administrations proposed cuts to the Fire Department, which includes staffing reductions and fire house closings. To see the interviews go HERE.

      11. Roster Staffing Case Update
      On March 29, 2011, a Pre-Hearing Conference was held at the Office of Collective Bargaining (BCB) before this Agency's Deputy Chair and its General Counsel Steven DeCosta. At this conference, which was held on the record, the UFA set forth its arguments concerning the elimination of the 5th Firefighter on all Engine companies. The UFA argued that the City failed to negotiate the specific terms of the Roster Staffing Agreement and also argued that the City failed to address the negative safety impact caused by its unilateral decision to reduce staffing. Mr. DeCosta's role at the conference was to determine what issues in this case require a hearing and whether or not there were any preliminary issues which would require an interim decision by the BCB. One such preliminary issue concerned the interpretation of specific language contained in Paragraph 11 of the roster staffing agreement.

      The City has defended against the UFA's improper practice and safety impact charges by claiming that the current roster staffing plan is essentially the same as the roster staffing plan proposed by the Department in 1989. In order to rebut this false claim, the UFA may seek to introduce the actual testimony given by at least one of the City's witnesses in the 1989 hearings. By letter dated April 29, 2011, the UFA formally advised the BCB, and the City, that it would seek to introduce the complete 1989 testimony of former Deputy Commissioner Gary Dellaverson, as well as the complete 1989 testimony of former Chief Homer Bishop. As of today's date, the City has not responded to this letter. The UFA anticipates that the BCB will either issue an interim decision on the case, or an order granting hearings. We have requested to file an information request on the City after that decision or order is issued, so that the UFA can prepare for the future hearings. We will keep the membership apprised as this case moves forward. Delegates are reminded that that the 1996 Roster Staffing Agreement is located in the Contracts & Agreements Chapter of the Delegates Manual.

      12. Riding Under or Reduced Staffed? - Fax the 'Starting Tour Understaffed' Form
      It has been documented on numerous occasions that units have been ordered to start the tour while riding understaffed. Per AUC 287, any engine or ladder riding with fewer than 4 Firefighters (3 or less) is understaffed. A ladder riding with 4 Firefighters is defined as a Reduced Staffed Unit. This occurs most frequently on the night tour immediately following Company Medicals or Annual Education Day, and also after a member is injured late on any tour. Units are placed in service while awaiting details. This is not only in violation of staffing requirements in AUC 287 (and also Dept Regulations 17), it is endangering Firefighter and civilian lives. NOTE: In accordance with OSHA (Two-In Two-Out) and Dept Policy, Understaffed Unit personnel responding to fires are not permitted in IDLH areas under most circumstances, unless teamed up with additional arriving unit members or if an imminent known life hazard has been found.

      Fax the Form: The UFA is filing a grievance this month and needs your help documenting violations of AUC 287. If your Engine is ordered to ride Under Staffed (3 or fewer FFs) or Ladder Reduce Staffed (4 FFs) at the start of the tour, fax the 'Starting Tour Understaffed' Form attached and your Officer's Unusual Occurrence Report (if available) to the UFA, Attn: Joseph Miccio, Recording Secretary, at 212-683-4359. Immediately notify the UFA if any Firefighter or civilian is seriously injured due to this staffing reduction!

      13. Understaffed Unit Injury Reporting
      Any member who becomes injured in the Line-of-Duty while working in an *Understaffed Engine or Under/Reduced Staffed 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 (if prepared by your Officer) and any additional pertinent information to the UFA at 212-683-4359 or 212-683-0710, ATTN: Joe Miccio, Recording Secretary. Immediately notify the UFA if any firefighter or civilian is seriously injured due to this staffing reduction!
      *UNDERSTAFFED UNIT: Per AUC 287, any engine or ladder riding with fewer than 4 Firefighters (3 or less) is Understaffed. A ladder riding with 4 Firefighters is defined as Reduced Staffed Unit.

      14. UCT Case Update
      The upcoming dates for our Unified Call Taker hearings are May 18, June 10, June 21 and July 19. The UFA and UFOA are working together on this case. Steve will update the membership today.

      15. Unit Availability
      Steve will discuss unit availability issues today.

      16. Modified Response Pilot
      The Department expanded the Pilot Program to Brooklyn and Staten Island on April 4. This plan in its current form is designed to close FH's and will lead to additional Firefighter injuries. This issue will be discussed today.

      17. Do Your Part to Protect Your Pensions!!! - Easy Way to Write Your Legislators
      Your local state legislators need to know your position--and the facts--if they are to support the UFA in our efforts to protect your hard earned future pensions. It's easy to do. The UFA website has a section that allows you to quickly write your elected officials. Go to the UFANYC Homepage. Click on the red 'Action Alert' tab, which is right above our 'Bloomberg's Lies' banner. Click the 'Take Action' button. Enter your home address. It will automatically generate a form letter that explains the facts. Enter your name and click send. Letters will be emailed instantly to Governor Cuomo, your State Senator and your State Assembly Member. Currently we are targeting legislators to educate them about the Variable Supplement Fund (VSF). To be effective, we need you to take action and write your legislators. They need to hear from you to help protect our benefits. Go to the UFANYC Homepage now to have a say in your future!!!

      18. Deutsche Bank Trial
      The Deutsche Bank trial continues, Monday to Thursday each week, at 0930 hours in Manhattan, at the Supreme Court, 100 Centre St., Part 94 on the 15th floor. The District Attorney expects the trial to last another 3 months. Members are permitted by the Department to wear their Class A uniforms to this trial. In accordance with Department regulations, members in uniform may not speak to the media without the Department's permission. Members of course can attend while wearing other attire identifying themselves as Firefighters. As always, all members are reminded to maintain the professional deportment the public has come to expect from us, in accordance with all Department rules and regulations.

      19. FDNY Pilots And Marine Engineers Request UFA Representation
      Pursuant to petitions signed and submitted to the UFA by FDNY Pilots and Marine Engineers, they have requested to sever their affiliation with MEBA (Marine Engineers Benevolent Association), and become members of the UFA. Following a decision by the Office of Collective Bargaining, the OCB ruled last week that the UFA did its due diligence in responding to the request to represent Pilots and Marine Engineers. OCB has ordered an election to determine if the employees wish to be represented by UFA, MEBA or no union. There are about 25 MEBA members who will be voting. The election will take place by secret ballot at a time and place to be determined by the BCB.

      20. 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, and #71. As recommended in the Safety Bulletins, chauffeurs need to pay attention to the varying weather conditions they are responding in and adjust their responses accordingly. Chauffeurs also need to be aware of the increased risk of an accident from changes in the response policies and responding from outside activities, such as the Building Inspection Safety Program. Previous UFA Safety Messages that highlight and emphasize a safe response should also be reviewed!

      21. Heat Index for Signal 10-51
      The summer heat will be upon us soon. When the Heat Index ('Feels Like' or 'Real Feel' temperature) is 105 degrees or more, a Signal 10-51 is mandated, in accordance with Fire Prevention Manual Chapter 3, Addendum 2. The Heat Index is reported by the National Weather Service (NWS) hourly and is also regularly reported in the media as 'Feels Like' or 'Real Feel' temperature. Exact current 'Feels Like' temperatures (Heat Index and also Wind Chill Index) can be found on the NWS web site by entering your zip code. The bottom of the UFA website home page also has a weather link to obtain this info. Your on-duty Officer is responsible to make immediate notifications to the Battalion whenever the 'Feels Like' temperature warrants a signal 10-51 and it is not given over the teleprinter.

      22. 2011 FDNY Medal Day on Intrepid 6/8/11
      Per Dept Order #29, "This year's FDNY Medal Day Ceremony will take place on Wednesday, June 8th at 1100 hours on the Flight Deck of the Intrepid, located at 46th Street and 12th Avenue, Manhattan. This date change is for this year only. All Department members, including medal winners and their families, who plan to attend the ceremonies, should report to the Intrepid by 0900 hours. Everyone entering the Intrepid is required to pass through metal detectors; therefore, the 0900 hour check-in time will assist in a timely ceremony start. In the event of inclement weather, the ceremony will be moved inside to the Hangar Deck."

      23. Delegate Education Seminar
      The entire UFA Executive Board thanks each and every Delegate or Alternate who sacrificed their valuable time and made the effort to participate last week. It is our objective that the comprehensive training received during the seminar will be of great assistance when helping your members and their families regarding the many issues they face. The agenda and course titles are also posted on the UFA website. Besides the time you spend at our Education Seminar, we realize you invest considerable time throughout the year in order to educate yourself on issues of importance to your members. We'd like to thank you once again for all you do and the leadership role you take. It does make a difference!

      24. 2010 FICA Refunds in April 29 Paycheck
      Per Dept Order # 29 of 2011, "FICA Refunds for 2010 LODI were included on the April 29, 2011 paycheck. The amount of the refund is indicated as 'FICA Refund' and is listed in the deduction section at the bottom of your check stub as a negative deduction or as deduction code '9005' on ESTUBS. The amount of your FICA refund is simply added to your net pay, and does not affect 2011 earnings or 2011 FICA/Medicare earnings or withholding. The amount of the FICA Refund depends on various factors such as when the LODI was incurred, and whether or not the maximum FICA withholding was reached."

      25. Young Adult Coverage to Age 26 Open Enrollment thru 5/31
      In accordance with the Federal Patient Protection and Affordable Care Act, the City of New York will offer young adults (up to age 26) coverage as dependents on their parents' health plans, effective July 1, 2011. Information regarding the Young Adult Health Benefits Coverage is posted on the UFA website in the Security Benefit Funds section. An Open Enrollment period, for the sole purpose of enrolling a young adult under your health benefits coverage, will be held from May 1 thru May 31, 2011 for active members (Retiree enrollment closed on April 30, 2011). All information for both active and retired members including instructions, enrollment forms, FAQs, and premium rates (if applicable) can be obtained on the Office of Labor Relations website at www.nyc.gov/olr. Select "Health Benefits Program" and then select "Young Adult Coverage to Age 26." If you are unable to access the website you may request enrollment material by writing to City of New York, Office of Labor Relations, Health Benefits Program, Attention: Age 26 Unit, 40 Rector Street, 3rd Floor New York, NY 10006. Active members, if unable to access the information from the City's website, can contact the Health Desk at Fire Headquarters and request the application or they can call SBF for applications and all necessary information in order to enroll their Young Adult.

      26. Marsh Catastrophic: New Policies Hold
      Marsh (US Life) put a temporary hold on new policy applications. It is awaiting a final determination from the federal government if the plan can continue to offer coverage exactly as it is today, or if it falls under Federal Healthcare Reform guidelines. Marsh met with government representatives in April to discuss this issue; however, Marsh has not received a final determination. Members will be informed as soon as a determination is made.

      27. World Police & Fire Games 2011 NYC--Volunteers Needed
      The WPFG 2011 is looking for volunteers to make these the best Games ever. New York is hosting the Games, the 2nd largest sporting competition in the world, to respectfully coincide with the 10th anniversary of 9/11. The 2011 WPFG NYC Organizing Committee is looking for both active and retired members (family members as well). The Games are New York's way of honoring all the brothers who we lost on 9/11 and continue to lose from working at Ground Zero and also thanking Fire and Police Departments from around the world that showed their support. The WPFG 2011 is looking for firehouses to adopt-a-sport, which entails help in running the sport by supplying volunteers. Some houses have adopted sports they are familiar with, while other houses have adopted sports that are relatively close to their firehouses. There are many venues in the five boroughs, Nassau, Suffolk and upstate. The three main venues are The Javits Center, Randall's Island and Lehman College. The dates of the Games are August 26th - September 5th. Step up and help make this a first and world class event. Please contact rmckeon@2011WPFG.org or call Rob McKeon @ 516-582-7384. Please spread the word to the retired members from your houses!

      Fraternally,

      Stephen J. Cassidy,
      President