by ARI PAUL
The Board of Collective Bargaining has ruled that the Fire Department's top Chief erred when he ordered firefighters to participate in debris and asbestos clean-up after the 2007 Midtown steam-pipe explosion without applying certain safety protocols.
The board rejected a claim by the Uniformed Firefighters Association that the department had to bargain with the union before assigning firefighters to clean-up duty and that such duties were the responsibility of Con Ed, but noted that then-Chief of Department Salvatore Cassano, now the Commissioner, failed to implement proper safety procedures.
Wrong Gear, No Decontamination
The board said in its decision that the union had argued that firefighters were not provided with proper protective gear, such as Tyvek suits and respiratory protection, and that "these Firefighters were not instructed to perform decontamination work on their rigs or gear."
But the board also found that contrary to the union's claims, the "FDNY's assignment of firefighters to the steam-pipe incident was consistent with its rights to direct employees and determine job assignments under [Civil Service Law]."
It said that both sides "must be afforded an opportunity to alleviate said impact through collective bargaining."
UFA spokesman Tom Butler welcomed the decision, saying in a statement that "adverse safety impact existed because the FDNY did not uniformly apply mandated safety regulations."
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