65-2 #42 July 13, 2010

Union Issues


1. Heat Wave Coincides with Busiest Week in 30 Years for NYC Firefighters
As New York suffered through one of the hottest weeks in recorded history, with several 100-plus degree days according to the National Weather Service, New York City Firefighters were responding to more serious fires than at any time in the past 30 years of the FDNY. See the UFA Press Releases.

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2. Manning Reduction Imminent as per 1996 Roster Staffing Agreement
As per the 1996 Roster Staffing Agreement, the Fire Commissioner can reduce the number of 5-man engine companies from 60 to 11 if annualized medical leave exceeds 7.5 percent. Current annualized medical leave is 7.4952%. If medical leave continues to trend upward, we will be facing a staffing reduction in August.

This reduction will immediately reduce manning to 4-FF's on all but eleven engine companies. These remaining eleven 5-man engine companies will also be reduced to 4-and then truck companies will be reduced to 4-as members become injured or sick after the start of the tour. Note that 4-man truck companies will need to modify existing search and rescue protocol (VES) at fires. These manning reductions if enacted will compromise Firefighter and public safety.

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3. City Budget: 20 Companies Saved for Now
The Mayor and City Council reached a budget agreement on June 29th, which restored funding for all 20 companies that were slated to be closed. The UFA rallied support around the City with a PR campaign that informed the public about the dangers of closing companies. The UFA personally lobbied all our key elected officials and received overwhelming support from the City Council to keep the firehouses open. City Council Speaker Christine Quinn led the charge to find the funding to keep the firehouses open. Councilwoman Elizabeth Crowley (Chair of the Fire & Criminal Justice Services Committee) was instrumental in securing support from her fellow City Council members. All UFA members who turned out for rallies and press conferences made a significant contribution.

  • Future Closings? Keeping the firehouses open is a major victory for public safety, but our fight is far from over. We are certain we will have to deal with this issue again for next year's budget, if not sooner. The State budget is still not finalized, and the Bloomberg administration has suggested that it may request additional cuts from the FD and other agencies later this year if revenues do not reach expectations.
  • 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!
****Please make copies of the attached Company OOS Form to keep a supply at your house watch.****

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4. 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.

  • Tier III Pensions: 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.
  • 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 this 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.
  • Media Attack on Government Employee Pensions: We all have been reading in the press the regular attacks on municipal employee pensions. This issue was discussed with all Delegates present at the July 9 Special Union Meeting. See your Company Delegate and media clips which were attached to the July 9 President’s Report for more info.
  • Pension Protection Bill: 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.

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5. Roster Staffing (5th Man) Agreement
Prior to the 1988 arbitrated contract through NYC Office of Collective Bargaining, the FDNY operated with 135 five-man engine companies. All 5-man engines were lost during this disastrous arbitration. Subsequently, the UFA and the City became embroiled in safety impact hearings through 1996 before Professor Walter Gelhorn. The UFA presented significant evidence to make an effective case. At the strong urging of Professor Gelhorn, the parties negotiated a settlement which resulted in a 10-year agreement that required the City to staff 60 five-man engine companies at the start of each tour.

In 2006, the UFA Executive Board negotiated a 5-year extension of the agreement, which expires January 31, 2011. The UFA subsequently negotiated four additional 5-man Haz-Tec Engines in the 2002-06 Collective Bargaining Agreement. During this year's budget fight to keep firehouses open, the City made clear it wants the UFA to give up the 5th man on all 60 engine companies when the agreement expires in January. Fire Commissioner Cassano testified before City Council in June saying he wants the UFA to give up the 5th man on all 60 engine companies, as follows: "I would never accept any budget measure that would place our members in jeopardy or compromise public safety. This staffing reduction will not do that. As I indicated, more than two-thirds of our engines currently operate-safely and effectively-with four Firefighters and have operated in such fashion for more than 20 years." (Complete testimony was distributed to all Delegates present at the June 9th Union Meeting). Yet, the FDNY's own studies conducted at the NYC Fire Academy have documented that manning reductions will create an adverse impact on the safety of Firefighters and the public, significantly increasing the time it takes to stretch lines and get water on the fire.

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. OLR has made clear the current terms of the agreement will remain in effect until a settlement is reached either through negotiation or arbitration. Commissioner Cassano also said in his testimony that "hopefully we will be able to come to an agreement with the UFA on our plan. However, if we cannot reach an accord with the UFA, arbitration will be necessary."

As you all know, the Roster Staffing Agreement says, "After the expiration of this Agreement, January 31, 2006, the City, in view of factors including, but not limited to changes in technology, structural and non-structural fires, and response time, may wish to change staffing levels. In the event the City plans to make such changes, the parties will negotiate to the extent required by NYC Collective Bargaining Law." NOTE: Complete language of the 1996 Roster Staffing Agreement, and the 1996 Firelines FAQs & Summary, are in the Contracts & Agreements Chapter of the Delegate Manual.

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6. Fall Health Plan Transfer Period
As per Dept Order #53 "the annual Transfer Period will be held in the fall (October-November). You will be notified of the exact dates. During that period employees will be able to:

  • Transfer to another Health Plan
  • Add or Drop an Optional Rider
  • Change Health Premium Contribution Tax Status
  • Elect the Waiver Buy-Out Program

Any changes made during the Fall Transfer Period will become effective the first day of the first full payroll period in January 2011."

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7. 10th Annual FDNY Night in Coney Island
REMINDER: Friday, July 23rd at 7pm, the Brooklyn Cyclones will play the Staten Island Yankees at MCU (formerly KeySpan) Park, 1904 Surf Ave. Tickets range from $10 to $15. Tickets are being sold online at www.brooklyncyclones.com. Go to Tickets, then Ticket Discounts & Specials, click on Promotional Codes, enter FDNY. There will be pre-game activities beginning at 6:30pm. Proceeds go to the UFA Scholarship Fund if you buy your ticket online. For groups of 20 or more contact Fire Marshal Bob Cashman, at cashmar@fdny.nyc.gov.

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8. 33rd Annual Police/Fire 5-Mile Run
On Saturday, July 24th, at 9am, the 33rd Annual Police/Fire Run will be held in Central Park. All active and retired members are eligible to participate (guests may run, but without a number). Race starts at East 103rd Street in Central Park. Registration is at P.S. 171 located at East 103rd Street (btwn 5th & Madison Avenues). Registration: $20. Registration can also be done online at www.eventsonline.ca/events/nypd_fire. For more info, contact E-37/L-40 at 212-570-4237.

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9. 11th Annual FDNY/NYPD Charity Baseball Game
On Friday, July 30th at 7pm at MCU Park (formerly KeySpan), 1904 Surf Ave the FDNY will take on the NYPD in a baseball game. Tickets: $10, children age 6 and under enter for free. Proceeds benefit FDNY and NYPD charities. For tickets go to www.brooklyncyclones.com or call the MCU Park Box Office, 718-507-TIXX.

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10. Steuben Association Boat Ride
On Wednesday, August 18th, the Annual Steuben Association Boat Ride for Firefighters, Nurses and friends will leave Pier 83 at West 42nd Street, Manhattan, aboard Circle Line Tours. Boarding begins at 7:30 pm; the cruise is from 8-11pm. Tickets: $40 in advance; $50 at the door if available includes the DJ, dancing, and beverages (food service is available). For tickets and/or further info, contact any of the following:

Bill Rohr: 631-689-3588
Bill Deichler: 631-587-7738
Gerard Carmosin: 718-849-4430

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11. Golf Outing to Benefit NYC 2011 World Police & Fire Games
On Tuesday, August 24, 2010 Pelham Bay Split Rock Golf Course will be hosting a Golf Classic to benefit the 2011 World Police & Fire Games (WPFG) in NYC. Come out and "Play your way towards the 2011 World Police & Fire Games." The top four golfers from each agency, in addition to other prizes, will have guaranteed entry into the golf event at next year's World Police & Fire Games in NYC, which will fill up and close early. The Golf Classic will feature a 1pm shotgun start with the first 144 golfers to play on the Split Rock Golf Course, the featured NYC golf course. Space is limited so sign up early! Cost: $185 per golfer or $80 to attend the dinner only.

Call the 2011 World Police & Fire Games at 718-281-3335 to reserve your foursome. The golf package includes:

  • Welcome lunch and registration starting at 11:30am.
  • 1pm shotgun start including cart.
  • Various contests throughout the day.
  • Hole-In-One chance for a 5-day, 4-night Palms Casino stay with airfare.
  • Prizes include: Foursomes to golf exclusive clubs, golf equipment, gift certificates and much more!
  • Cocktail and dinner reception to follow

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12. NYC 2011 World Police & Fire Games Night at Citi Field
On Thursday, August 26, 2010 at 7pm the NY Mets will be hosting a 2011 World Police & Fire Games Night at Citi Field. This date is the one-year out mark for the Opening Ceremonies of the 2011 World Police & Fire Games in NYC. The Mets will be hosting the Florida Marlins which promises to be a great game! A portion of the money from each ticket sold through this program will help produce the 2011 World Police & Fire Games. Tickets are available for purchasing through the Mets website: www.mets.com/wpfg. Use the Sign-In ID: WPFG and the Password: METS (be sure to use ALL CAPS). For further info contact Pedro L. Urbaez from the NY Mets at 718-559-3057 or via e-mail at purbaez@nymets.com. Come out and support the NYC Games at this great event!

For more info about the 2011 World Police & Fire Games in NYC go to www.2011wpfg.org.

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Fraternally,

Stephen J. Cassidy
President

Joseph A. Miccio
Recording Secretary










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