Friday, July 9, 2010
President's Report
or Special Membership Meeting
International JFK Airport Hotel, Queens, NY

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.****

Pension 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. See attached media clip(s).
  • Pension Protection Bill: After obtaining a home rule from the City Council by a vote 0f 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.
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 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.

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.

Fraternally,

Stephen J. Cassidy
President

Joseph A. Miccio
Recording Secretary









Home | President's Message | 65-2s | SBF | In The News | Email | Advertise | Privacy Policy | Terms of Use
Sponsorship of UFANYC.org Does Not Imply UFA Endorsement of the Sponsors' Products or Services
For Questions, Comments or Suggestions, Contact the UFA Webmaster
Uniformed Firefighters Association: 204 East 23rd Street, New York, NY 10010 - Phone: 212-683-4832

All Rights Reserved © 1999 - 2010 Uniformed Firefighters Association of Greater New York