• Past President Reports

Special Orders of Business

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1. New UFA General Election Dates
The current Collective Bargaining Agreement between the UFA and the City will expire on July 31, 2008. That is the same day that the terms of office of the current UFA Board Members expire. As a result, the UFA Constitution requires a modification of the timing of the next Board election. Article V, Section 2, states that when terms of office expire in the same year that the Collective Bargaining Agreement is scheduled to expire, those current terms expire three (3) months earlier (April 30th instead of July 31st). Thus, the election process would change as follows:

Nominations:
(a) Article VI, Section 1, states that in this case, the nomination meeting "shall be held during the second week of whichever month occurs six months prior to the month in which the collective bargaining agreement is scheduled to expire." Since the CBA expires on July 31, 2008, six months earlier would take us to January 2008, requiring that the nomination meeting take place in the second week in January 2008; (b) Petitions will have to be submitted to the Recording Secretary by January 1, 2008 (Article VI, Section 1); (c) Just as in normally timed elections, the ballots would be mailed no less than 14 days and no more than 21 days after nominations (Article VI, Section 3); and (d) The new Board would take office on May 1, 2008 [Article V, Section 2, and Article VI, Section 3(b)].

2. UFA Prompts Independent Investigation into Deutsche Bank Building Fatalities
Two days after the tragic loss of FF Joseph Graffagnino and FF Robert Beddia, the UFA called on New York State Attorney General Andrew Cuomo and the Manhattan District Attorney to conduct independent investigations to determine the facts surrounding their deaths. The Executive Board stressed that independent investigators need to examine not only the FDNY's actions, but all of the facts, from the various agencies involved and the role of contractors. In a knee-jerk reaction, the Dept relieved three officers of their commands. The UFA believes ultimate responsibility rests at much higher levels within the FD. The UFA has taken extensive steps to address the issues in the media and with public officials. For comprehensive information, including press releases and media coverage regarding our actions, visit the UFA home page at www.UFANYC.org.

3. Deutsche Bank Fire Interviews
There are several simultaneous investigations proceeding as a result of the fatal fire at the Deutsche Bank Building. The Fire Department Safety Battalion is nearing conclusion of its initial interviews. However, the Bureau of Fire Investigation, the Manhattan DA's Office and the NYS Attorney General's Office are still investigating. We also believe that an investigation may be started by the N.Y.P.D. Furthermore, both NIOSH and PESH always investigate fatal fires. Members who are asked to give interviews or statements about their knowledge of the fire or the conditions in the fire building before the fire should be aware of their rights.

4. Asbestos Abatement by FD: UFA Improper Practice to File
At a Labor-Management meeting with the Dept, the UFA maintained that it was the responsibility of Con Edison, not the City nor the Fire Department to perform this work. The Dept was taking companies out of service several days after the midtown steampipe explosion to correct private entity problems, unnecessarily exposing firefighters to health dangers, which could have been addressed by private contractors. The UFA is in the process of filing an Improper Practice.

5. 12% Specialty Pay Update
The UFA has finalized the Specialty Pay aspects of the 2006-08 contract, which were worked out with the City over the summer. All members currently assigned to specialty pay SOC units will receive an additional 12% added to base pay, retroactive to July 1, 2007. Non SOC members detailed to any specialty pay units will receive a 12% differential TPR mark for each tour worked, plus portal pay. Future members assigned to specialty pay SOC units on a trial basis will not receive the additional 12% for their first 6 months. The following 18 months they will receive a 12% TPR mark for each tour worked in the unit. After 2 years, the 12% will be added to base pay. See attached pay charts for affected units, which were prepared by FDNY Payroll.

6. EDE PA/ID 12-67
Members are no longer required to file for EDE permission with the Fire Commissioner (exceptions are for possible conflicts of interest or volunteer firefighter). Also, members are no longer limited from working more than 20 hours per week on a side job or from working within 9 hours of starting a tour. These restrictions will be removed from PA/ID #12-67 in accordance with the new contract negotiated by the UFA. Hundreds of members have previously been brought up on charges, fined and/or suspended merely for owning a small side-business or by working for an honest extra day's pay. (Members are still prohibited from EDE while on probation in the Fire Academy, on Medical Leave or for Conflicts of Interest. Also, you must request permission from the Fire Commissioner or Chief Medical Officer to engage in EDE while on Light Duty).

7. Longevity Pay Increase Sept. 1st
The bi-weekly payroll of September 7, 2007 included a $1,000 increase in the annual longevity amount, effective September 1, 2007 for 1st grade UFA members. The bi-weekly longevity amounts for that pay period was based on 13 days at the old rate and 1 day at the new rate. Tomorrow's payroll increase will include 14 days at the new rate. Inquiries concerning this payroll shall be submitted to the Bureau of Payroll in written form only.

8. Chauffeur Pay Increase Sept. 1st
The UFA Chauffeur Duty Differential is increased from 2.05% to 3.00% effective September 1, 2007.

9. LODI FICA Refund Filing Date Extended
Per NYC Office of Payroll Administration, 1989-2005 FICA refunds have not been sent to the City yet from the IRS. Therefore, no refunds to members have been issued. Members who have missed the prior filing date should file immediately via USPS certified return receipt. (Refer to Supplement No. 69 to DO 87 of 2006, which explains the FICA Refund process.) As per to the City Office of Payroll Administration (OPA), the filing deadline will be extended (deadline date to be announced). All FICA requests will be sent to the IRS after the deadline date. The IRS is expected to take at least 6 months or longer to process all the requests, after which the OPA will require time to issue the refunds once received from the IRS. Based on this info, FDNY Payroll does not expect refunds to be issued to members until the end of 2008. The UFA will announce updates as they become available.

10. WTC Filing Deadlines Extended
V.P./Legislative Chairman Jim Slevin reports that UFA lobbying efforts have been successful in achieving the following legislative goals, which were signed into law by Governor Spitzer:

• WTC Notice of Participation Form Filing Deadline Extended 2 Years: Extended to June 14, 2009, the period in which members may file the WTC Notice of Participation Form, if they were active on September 11, 2001 and worked at the WTC, Fresh Kills Landfill, NYC Morgue or WTC Barges, in accordance with definitions established in the WTC Presumptive Illness Law. If a member missed the original deadline, the form may be found at the UFA website www.ufanyc.org. It is recommended to send this form via certified USPS mail, return receipt. To confirm that HQ has received your form or for any questions, contact 718-999-7041 or 718-999-0148.
• WTC Workers Comp Filing Extended 1 Year: Extended to Aug. 14, 2008, the period in which members who were retired prior to September 11, 2001 and volunteered at ground zero can register with the State Workers' Compensation Board, even if the member is not ill. Because some illnesses take many years to develop, state laws give these retired members the chance to register with the board to preserve their right to file claims if they become ill in the future. Registration forms are available at the Web sites of the Workers' Compensation Board, www.wcb.state.ny.us/, the Committee for Occupational Safety and Health, www.nycosh.org/, or the UFA web site home page www.UFANYC.org.

11. LODI Drug Card Update
The vendor has been selected, and as with all City contracts, it must be approved by the Comptroller and the Mayor's office. We are working with both to expedite the process and hope to have this completed in the near future.

12. WTC Prescription Card Underutilized!
It is of extreme importance that members being treated for WTC ailments (i.e. - GERD, acid reflux, sinusitis, depression, etc.) fill these prescriptions using the WTC Prescription Card instead of the UFA Prescription Card. The WTC card has been underutilized to date. If you haven't received it, call the WTC Medical Monitoring and Treatment Program at 718-999-1858 to be issued a new card.

13. UFA Financial Statements
In accordance with the UFA Constitution, UFA financial statements for the six months ended January 31, 2007 were mailed last week to each firehouse for posting and also to each Delegate's residence.

14. FDNY Expands WTC Medical Treatment to Staten Island - Other Areas to Follow
As a result of collaboration between Sgt-at-Arms Bill Romaka and Drs. Kelly and Prezant, the FDNY has expanded its ability to treat active and retired members. The FDNY has opened a satellite office on Staten Island for active and retired members who are participants in the WTC Medical Monitoring & Treatment Program. If you are a retiree and recently had a WTC Medical Monitoring exam, or if you are active and recently had your Company Medical, you may be eligible to visit a satellite office. The satellite office will not be used for duty determination. It will be open one day per week (Wed) to start out and will not perform actual medicals, focusing instead primarily on lung issues, as well as GERD, sinus and mental health issues. The SI office will also be able to provide active and retired members with WTC-related prescriptions. The FDNY WTC Medical Monitoring & Treatment Program is hoping to expand the satellite offices to additional locations in Queens, Orange and Suffolk Counties. For more info or to make an appointment, contact FDNY BHS WTC Medical Monitoring & Treatment Program 718-999-1858 or by emailing . For more info go to www.fdnyinsider.com.

15. Grievance/Arbitration Update
UFA Recording Secretary Joe Miccio and UFA Labor Attorney Mike Axelrod report the following:

• CSU Referrals Improper Practice/Scope of Bargaining: The UFA filed an IP case against the Dept for its inappropriate referrals of members without their consent to the CSU by BITs. The UFA maintains this is a direct violation of a members right of privacy, and is subject to negotiation. The UFA just filed its reply to the City's papers on August 28th, 2007 - pending before the Board.
• CSU Referrals Improper Practice/Scope of Bargaining: The UFA filed an IP case against the Dept for its inappropriate referrals of members without their consent to the CSU by BITs. The UFA maintains this is a direct violation of a members right of privacy, and is subject to negotiation. The UFA just filed its reply to the City's papers on August 28th, 2007 - pending before the Board.
• Chauffeur Light Duty Grievance: The UFA filed this grievance on July 10 because the Dept has refused to pay chauffeur differential (3%) to light duty chauffeurs assigned to the Page Ave. Shop who deliver fire apparatus.
• Light Duty Details Improper Practice - Pending before the Board: The Dept violated the Collective Bargaining agreement by unilaterally assigning light duty members to work schedules that deviate from the Dept's prior existing practices.
• Health & Safety Officer Romaka Improper Practice Case regarding Bill Romaka's exclusion by FDNY from apparatus and other health or safety related meetings at HQ. The last hearing took place on July 26. The next hearing was scheduled to take place on Sept. 6th. The Dept cancelled. A new date is being scheduled.
• Random Drug Testing Cases - Pending before the Board: The UFA requested a conference to update the status. OCB has been holding the cases up because of a court appeal from a successful police union grievance (handled by Michael Axelrod) against the Police Department for switching to hair follicle testing.
• Medical Leave Lifts: This case is still ongoing. Additional hearing dates to take place this fall.

16. Light Duty Improper Practice: Info Needed from Members
The UFA is doing research regarding our Improper Practice case against the City challenging the change of light duty FF schedules. A conference was held at OLR on July 2, 2007 in an effort to quantify certain factual issues regarding unilaterally changing the schedules of firefighters assigned to light duty. In order to document these facts, the UFA needs any firefighter who was on light duty prior to the changes implemented with PA/ID 1 of 2007 last January to forward the requested information below to UFA Recording Secretary Joe Miccio. We are attempting to determine if light duty FFs who were previously not required to sign on and off duty are now required to do so on a daily basis since the implementation of the new PA/ID policy, and more importantly, if your work schedule was changed. It is imperative that affected members provide the needed information. Please prepare the attached form and fax it to 212-683-4359 (or 212-683-0710 if busy), ATTN Joe Miccio.

17. Pension & VSF DROP Statements
The Dept recently distributed each member's pension statement to firehouses for your Officer to provide you. Any dollar amount or value provided is based on the estimated value on December 31, 2006. However, beneficiary info reflects the most recent changes processed after December 31, 2006. Detailed explanations of terminology are also provided on Supplement #62 to Dept Order 75 dated Sept 9. Make sure you review your statement and keep it with your pension planning records. Pursuant to meetings with the UFA and the FDNY Pension Bureau, statements now include Variable Supplement DROP dollar values accrued for members with over 20 years of service. VSF Payments will be $12,000 in 2007 and each year thereafter, in accordance with the NYC Code. Refer to Delegate Manual Chapter 'FF Laws & Definitions' for the complete text of the code, and also the chapter 'FDNY Pension Manual' for additional info re the VSF.

18. Pension Buyback Legislation Signed
UFA V.P./Legislative Chairman Jim Slevin reports that on August 28 Governor Spitzer signed S2414/A4529, Ch. 637 of 2007. This bill grants pension credit for members who served in various uniformed titles and/or titles with Peace Officer status prior to gaining employment with the FDNY. The time served in previous positions will be credited toward the minimum period for service retirement from the FDNY. Although similar legislation was already in place, any member that transferred their time over before it was passed has it counted on the back end. This now allows that time to be counted as a buyback and counted up front for pension purposes only. The UFA would like to thank Governor Spitzer, Assemblyman Abbate and Senator Padavan for signing and sponsoring this legislation. Additionally a big thank you to all the members that participated in UFA lobby day helping to push for this bill. UFA Lobby day is tentatively set for June 10th 2008. Mark your Calendars.

19. Battalion Advisory Committee for Political Action Meeting
There will be a meeting of the Battalion Advisory Committee for Political Action on October 16th at 10am in the fourth floor meeting room of the UFA. Although there are no major elections taking place this November, we will be discussing strategy for next year's elections and how to improve Firefighter participation in the political action process. If you cannot attend, please get a replacement from your battalion to attend. See Jim Slevin after today's meeting if you have any questions.

20. Random Drug Testing Semi-Annual Report
The FDNY reports that the following units were tested randomly between 1/01/07 and 6/30/07. A total of 199 Units were tested within this period: 94 Engines, 64 Ladders, 22 Battalions, 4 Divisions, 4 Squads, 6 Rescue Units, the Mask Unit, the Probationary Class Group, the Safety Battalion, the Marine Division, 8 Fire Marshals, and also 2 UFA Board Members. Reports listing each company tested and individual dates are attached. They are sorted by both company and chronologically.

21. City Joins UFA Plea On Tax-Free Disability Status
The City, UFA and other local unions have asked the IRS to keep the disability pension for civil servants injured on the job completely tax-free. The issue arose after a question about the retirement fund's tax-free status was raised earlier in the year. The central component of the pension - payments worth 75 percent of a worker's final average salary - will likely remain tax-free, city and union officials maintain. The extra benefits that might be taxable include the annuity fund and increased take home pay (ITHP). For more info, see 8/10 article from The Chief, which is attached to 65-2 #73 that was mailed to all FHs. Mike Block will answer any questions today re this issue.

22. UFA President Elected Treasurer of the MLC
Yesterday morning, the Board of the Municipal Labor Committee (MLC) elected Steve Cassidy to the position of Treasurer for the MLC, which negotiates all major medical health benefits for NYC employees.

23. City Health/Medical Plan Transfer Period
The Health Benefits Transfer Period (for active members only this year) begins November 1, 2007 and ends November 30, 2007. Late changes will not be accepted by the City!!! Health plan changes requested during the Transfer Period will be effective the first day of the first full payroll period in January 2008. During the annual Transfer Period members may transfer into any health plan offered for which they may be eligible, add or drop optional rider coverage or add or drop dependent(s). To make changes, (including enrolling in the Buy-Out-Waiver Program), the member must complete a Health Benefits Application. To elect the Buy-Out Waiver Program or change health premium contribution tax status, the member must also fill out a Medical Spending Conversion Enrollment/Change Form. This form is available at www.nyc.gov/olr or through the health desk at Fire Headquarters. If a member waives his/her City health benefits, they will lose their PICA drug coverage. City Health/Medical Plan vendors will be present at the October 11 Union Meeting to answer your questions and distribute literature. Make sure you get the info you need to best protect your family!

24. Delegate Education Seminar Location and Dates
In accordance with the UFA Constitution, Atlantic City was chosen by an overwhelming majority vote of the Delegate body. Company Delegates participate in extensive training sessions regarding matters of significant importance to all NYC Firefighters. Exact dates for next spring will be announced shortly.

25. UFA Web Site Info Additions
A list of UFA Standing Committee members went live this summer in the 'About Us' section of the UFA website. Additionally, 65-2s dating back through 1999 are live and posted in the "65-2" section. Media clips can be searched back through 2003. This information required a significant amount of reformatting work in order to convert it for posting on the enhanced UFA web site which was introduced in 2006. Please remind your members that many TV clips of the UFA addressing important firefighter issues can also be viewed on the UFA site, www.UFANYC.org.

26. Proposed Constitution Amendments
In accordance with UFA Constitution, the Constitution Committee met on September 18 to review proposed amendments, which will be published prior to the October and November Union Meetings. Proposed amendments will be discussed and voted on at the November Union Meeting.

Fraternally,

Stephen J. Cassidy,
President