• Past President Reports

1.Contract Update
The UFA Executive Board and Labor Attorney Mike Axelrod met with the City on Wednesday, September 13th in a negotiation session. The next session is scheduled for October 18th. Copies of the Executed 2002-2006 Contract that was ratified last winter, in its entirety, are available at your Trustee table today - one for each company. Steve Cassidy will give an update today regarding current contract negotiations.

2. Apparatus Door Locking Mechanism Hazard
The UFA held a press conference on Tuesday, Oct 10 in which we highlighted an internal memo from the Chief of Safety that uncovered a door locking mechanism problem with all Seagrave pumpers. A severe injury occurred to one of our members due to the Department's negligence. This document was not given to us by the Dept. It is dated 6/12/2006 and the Commissioner has not yet addressed this hazard. If the Department does not act immediately we will ask the City Council to conduct safety hearings. See attached FDNY memo & UFA Press Release.

3. Verified WTC Participation Forms: Dept Mails Confirmations
FDNY Pension Bureau began mailing letters of confirmation in September to any member who has filed his/her WTC Notice of Participation form -if the form was verified by the Dept. - as documentation for having performed at least the 40 hours at the required designated sites. However, the Pension Bureau advises that members who have submitted the WTC form but whom the Dept is unable to verify will not receive a letter at this time. The 'WTC Disability Applications' and also the 'WTC Notice of Participation Forms' are both available on the Homepage of the UFA Web site at: www.ufanyc.org. See your Company Delegate for preparation instructions.

4. Military Housing Benefits Resolution Hearing
UFA Legislative Chairman Jim Slevin reports the City Council has a resolution pending calling upon the Mayor to exclude the value of housing and food when calculating military pay pursuant to Operation Enduring Freedom Extended Benefits Package. Its purpose is to relieve members of the obligation to reimburse the City for housing and food pay received from the military. Jim Slevin testified on September 25 at the hearing at City Hall with many members present showing their support. Communications were put out by the UFA in advance to all companies and also through the FDNY VFW to its war vet members. The City just announced this week that the Engeldrum family will not have to repay any money owed to the City for both salary and housing. The UFA thanks all members who turned out. This issue has yet to be resolved. The UFA will keep the membership advised of any progress.

5. Political Action Committee Meeting - Election Day Operations
On Wednesday October 25th at 2pm, there will be a meeting of the Delegate's Advisory Committee for Political Action. All members of the committee are urged to attend. If you are unable to attend please send an appropriate representative from your Battalion. The purpose of the meeting will be to discuss UFA field operations up to and including Election Day. Many of our friends in Albany have tough elections and will need our help. All hands will be needed. Election Day is Tuesday November 7th. Start clearing your calendars now and make yourself available. Operations will take place in Westchester, Putnam, Suffolk, Queens and Staten Island. There will be plenty of opportunities to volunteer your time. Company Delegates should provide a minimum list of 10 names for Election Day. In addition there will be a special Election Endorsement issue of Firelines this month. Make sure to get out and Vote!

6. Grievance/Arbitration Update
UFA Recording Secretary Joe Miccio and UFA Labor Attorney Mike Axelrod report that the last Medical Leave Lifts hearing took place on September 27. Former Chief of Department Frank Cruthers (now 1st Deputy Commissioner) testified before Arbitrator Al Viani. Chief of Department Salvatore Cassano and Chief of Operations McNally were also present. Additional hearings will be scheduled this Fall with Commissioner Cruthers' examination to continue and Chief Cassano to testify. Other open cases include: E75/L33 Involuntary Transfers Grievance, Meal Period Improper Practice, Random Drug Testing Improper Practices (Challenge of changes to reasonable suspicion AUC, Challenge to Random Drug Testing procedure, Challenge to exclusion of the UFA rep during the selection process of companies to be randomly tested), and Board Member exclusion from apparatus meetings at HQ Improper Practice. This is in addition to the various issues that are addressed in Labor-Management meetings with the Dept. Many issues that are not resolved in Labor-Management are later addressed via grievance or other legal channels by the UFA.

7. Your Rights: Interviews after Rig Accidents & Fatal Fires
Every member is strongly advised to read the September/October Firelines article prepared by UFA General Counsel Mike Block. It answers specific questions regarding who may ask you questions, if you must answer and when you may refuse. Fatal fires and rig accidents may expose members to serious liabilities. Make sure you understand your rights and who to call prior to answering any questions. Read this informative article!

8. Labor-Management Issues
UFA Recording Secretary Joe Miccio and UFA Labor Attorney Mike Axelrod report the following current Labor-Management agenda, which includes: light duty issues, recurring apparatus problems after repairs, BITs ordering members to Counseling Services Unit (CSU), LODI prescription fulfillment and payment, proper chauffeur training certifications, continuing SMLP issues, improper billing members for LODI treatment, 10-51 safety issues, firehouse heating/AC/Nederman problems, gear bags, training issues, Safety Bulletin #7, military member issues and more. The last Labor Management meeting took place on October 10 at HQ.

9. EEO & Drug Raids, Random tests
In addition to its Random Drug Testing visits, the Department continues to 'raid' (surprise inspection) firehouses. It is also conducting EEO inspection visits. Members are advised to notify the UFA whenever a 'raid' (which is different than a Random Drug Test visit) or EEO visit occurs. The following companies recently reported being 'raided' with negative results: E-301 on 9/16, E-299 on 9/19, E-304 on 9/20, E-302 on 9/28.

10. WTC Medical Monitoring
UFA Health & Safety Officer Bill Romaka reminds members: Active firefighters will generally be seen for WTC Medical Monitoring during annual company medicals. Members who miss an annual medical, or have been on extended light duty or medical leave, should call Capt. Terrusa at 718-999-1948 to schedule a medical. Retirees should call 718-999-1858 to set up WTC Medicals.

11. Who's Watching You?
It is estimated that NYC is filled with tens of thousands of private and public surveillance cameras. Make sure you read the September/October Firelines article written by Manhattan Trustee Danny Murphy regarding this subject.

12. Planning Retirement
The UFA website has an article prepared by UFA Retiree Liaison Jimmy Dahl advising members who are retired or are planning on retirement regarding various UFA Security Benefits Fund retiree coverage. The September/October Firelines has an article regarding updated benefits contact information. If you are getting close to retirement, make sure you understand the differences between active and retired benefits for prescription drugs, dental, optical and more.

13. Refund of FICA Deductions re LODI Medical Leave
More than 13 years ago, the City of New York filed a refund claim with the IRS seeking reimbursement of certain FICA paycheck deductions. At that time, the IRS agreed that FICA deductions from your paychecks would not be made for LOD medical leave time taken after six months, but it asserted that FICA deductions from your paycheck were proper for LOD medical leave of less than six months. The City of New York has reached an agreement with the IRS concerning FICA. The dispute was finally resolved and the IRS has agreed to reimburse the City and its affected employees (FFs) for FICA deductions taken during LOD medical leaves of less than six months duration. The reimbursement for firefighters will retroactively cover the period from 1989 through 2005. The City's Office of Payroll Administration (OPA), not the FDNY, will be responsible for administering the refund program. The FDNY will soon distribute an OPA information sheet explaining how to apply for the refund and answering anticipated questions regarding the refund program. No further information has been confirmed at this time.

14. 1127 Federal Lawsuit Update
On September 20, 2006 Federal Judge Barbara Jones ruled in favor of the City in our case to have the 1127 Condition of Employment Waiver declared unconstitutional. The UFA was one of 12 uniformed unions that took part in the action. In the near future we will be having a meeting with the other 11 unions to discuss our options for appeal. The notice of appeal is being filed regardless of what further action we decide to take on this case. The deadline for appeal is October 20th. We will keep you informed of our future actions.

15. Portal Pay
Members are advised to remind your officers to give you a portal-to-portal TPR mark when you are detailed to the BHS for Annual Company Medicals.

16. City Health/Medical Plan Transfer Period
Per Dept Orders, the transfer period for active City employees will be October 16 through November 17, 2006. (Retiree transfer period is November 1 thru November 30). The new health plan chosen or any change in optional benefits will become effective January 7, 2007. Members who want to transfer from their present health plan coverage into another city health plan or add/drop the optional rider in their health plan must fill out the Health Benefits Application form (ERB) and submit it to the FDNY Health Benefits Unit, 6th floor, Bureau of Personnel, 9 Metrotech, Brooklyn, NY 11201 within the above mentioned period or Fax to 718-999-7139. You may also, during the transfer period, elect the waiver buy-out program and change health premium contribution tax status, by completing both the ERB and Medical Spending Conversion Form (MSC). Once you submit the ERB form, the transfer is irrevocable. Questions? Contact the FDNY Health Benefits Unit, Camille Isaacs at 718-999-2196 or Charles King at 718-999-2171. ERB forms can also be downloaded from the web at www.nyc.gov or on the FDNY Intranet, Admin-Community/forms/employee benefits. City Health/Medical Plan vendors have tables set up today to answer your questions and distribute literature. Make sure you get the info you need to best protect your family!

17. UFA Dental Plan Transfer Period
Dental Transfer Period for active and retired members is October 17th through December 30th, and become effective on January 1, 2007. Members interested in changing dental plans should request an application by calling or writing the UFA SBF office. The UFA SBF Booklet, which explains your dental coverage options, is in your Company's Delegate Manual, and updated Delegate Manual booklets of that chapter will be distributed at the November Union Meeting.

Fraternally,

Stephen J. Cassidy,
President