August 25, 2005
854 PASS ALONG BULLETIN
#19 of 2005
PRESIDENT'S REPORT
Fire Family Transport Foundation
Pat Concannon, Jim Ginty and Bill Schillinger are here tonight to make a presentation to the UFOA for our past donations and support of the Fire Family Transport Foundation. Pat will briefly describe some of the services provided for our families by the Foundation.
The PBA Arbitration (PERB Award) was announced on June 27 th . The award grants a 5% raise on the first day of the contract and another 5% the second year for a total 2 year deal worth 10.25% compounded. But the award has significant givebacks and the selling of the unborn. Attrition bargaining, especially selling of the unborn, is disastrous to labor and especially superior officer unions.
The UFOA was part of a uniform coalition in the 2001 round of bargaining that provided a 5%, 5% plus 1.5% fringes over 30 months with no give backs. We agreed to let the PBA go to arbitration this round after being assured by the PBA that they would not sell the unborn. There is a lot of finger pointing about who put what on the table, but the fact is that all three arbitrators (the neutral, city appointee and labor appointee) signed off on the deal, which clearly indicates there was a three way agreement. The essence of the award is as follows:
Permanent loss of one (1) leave day per year.
The following new pay salary chart for the “unborn” Police Officers and incumbent Police Officers is as follows:
UNBORN POLICE OFFICERS INCUMBENT POLICE OFFICERS Police Academy salary-------$25,100 Starting Salary------------------$40,658 Completion of 6 months-----$32,700 1 st year anniversary-------------$42,648 Anniversary after 1 ½ years-$34,000 2 nd year anniversary------------$44,145 Anniversary after 2 ½ years-$38,000 3 rd year anniversary------------$46,239 Anniversary after 3 ½ years-$41,500 4 th year anniversary------------$47,526 Anniversary after 4 ½ years-$44,100 5 th year anniversary------------$59,588 Anniversary after 5 ½ years-$59,588 We are in the process of costing out the PBA award and will use the services of an actuary to assist us. It will be difficult to replicate the PBA award but our goal will be to attain the same 5% and 5% raises. To do this we will engage our NAC committee, delegates and the entire membership to explore every avenue to create value.
I met with Commissioner Scoppetta and Chief of Operations Cassano last week to come to some sort of consensus regarding response times. The Department did admit that part of the increase is due to their accident prevention program. Although we continue to disagree on recent changes in response policy, we both agree on the importance of a timely response to all alarms.
We want to be clear that our message has always concerned the safety of our members and the general public and the good news is that apparatus accidents are down significantly. However, even with this reduction there have been serious accidents recently that have resulted in injuries to firefighters and civilians.
In an effort to move forward in a positive way with the Department we want to remind all officers of the following:
Remember officers are responsible for supervising your chauffer at all times.
- The best and safest way to reduce response times is a rapid and efficient turnout. This should be the topic for company drills. The proper placement of turnout gear and prearranged assignments for stopping traffic, etc. all aid in saving precious seconds.
- 10-84 signals should be given promptly (but not prematurely) when you arrive at the assigned address or box location. Do not delay the transmission of 10-84 signals.
- Response to medical emergencies and structural fires must be made with the same sense of urgency. In both instances lives are at stake. (We are not talking about water leaks or EMS carry downs.)
The latest meeting of the Labor Management Committee was held on June 29, 2005:
As a result of previous discussions the Department has:
• Provided ‘DRAFT' documents to the Document Control Unit regarding the following Policy / Guideline issues: Joint Fire/EMS Facilities, Fire Supervision of EMS, Safety Support Battalion;
• Increased the quota for Comp. Time requests, for Battalion Chiefs ( 3 to 5 ) and Deputy Chiefs
( 1 to 2 ). This increase has been in place since late June;• Ordered an extra SCBA, for FAST Truck use, for every Battalion.
New issues discussed included:
• Reduction in the frequency of units being placed OOS for training, medicals, etc.;
• Improvement in providing meals and rest facilities for units that are pre-positioned at lengthy Special Events;
• Improvement in the quality of communication / information for units responding to certain incidents;
• Policy clarification regarding EMS responses to 2 nd due response district, DOAs, and ‘Carry Downs'.
On June 16, 2005, the Governor signed Senate Bill number S.5657, the World Trade Center (“WTC”) Presumption Bill, into law. In general, this bill amends various sections of the Retirement and Social Security Law and the New York City Administrative Code to provide that any injury, illness or disease, including future manifestations, which was contracted by certain State and City employees as a result of participation in the rescue, recovery and cleanup efforts associate with the WTC tragedy, shall be presumed to have arisen as a result of an accident sustained in the performance and discharge of duties. The bill additionally provides a mechanism whereby a member originally retired on a service retirement, ordinary disability retirement or performance of duty disability retirement can apply to have his or her retirement reclassified as an accident disability retirement. The provisions of the bill, as it affects the New York City retirement systems and pension funds (“retirement systems”), are outlined below. All provisions below, except where indicated, apply to applicants for retirement and applicants for reclassification.
NYC Coverage
- ALL major uniformed titles: Police, Fire, Sanitation & Corrections
- ALL non-uniformed members of the City's five retirement systems that have taken a pre-employment physical examination upon entry into service (except Tier 1 & Tier 2 in BERS & TRS)
Categories of illnesses and diseases covered (all prefaced by “including but not limited to”)
- Upper Respiratory Tract & Mucosae (rhinitis, sinusitis, vocal cord disease, etc.)
- Lower Respiratory Tract (bronchitis, asthma, pneumonitis, etc.)
- Gastroesphageal Tract (esophagitis and reflux disease, etc.)
- Psychological Axis (post-traumatic stress disorder, anxiety, depression, etc.)
- Skin Disease (contact dermatitis or burns, either acute or chronic, infectious, irritant)
- New Onset Diseases (cancer, chronic obstructive pulmonary disease, asbestos-related disease, heavy metal poisoning, etc.)
Members Covered
- Anyone who successfully passed a physical examination prior to employment which did not disclose evidence of the condition that forms the basis for the application for disability retirement, and who
- Participated in WTC rescue, recovery or cleanup operations at one of the four covered sites (listed below) for at least 40 hours during the period commencing September 11, 2001 and ending September 12, 2002, or
- Participated in WTC rescue, recovery or cleanup operations at the WTC Site and sustained a documented physical injury between September 11, 2001 and September 12, 2001 that resulted in a disability that precluded the member from participating in the rescue, recovery or cleanup operations for at least 40 hours, and that disability is the condition for which the member seeks to be eligible for retirement under the WTC presumption statute
Sites Covered
- WTC Site - defined as south of Canal St., from the Hudson River to Pike Street, and south of Pike Street to the East River, extending to the lower tip of Manhattan
- Fresh Kills Land Fill
- NYC Morgue and temporary morgue on pier locations on the west side of Manhattan
- Barges traveling between the west side of Manhattan & the Fresh Kills Land Fill
Application/Certification Process
- Both active and retired members must file a statement, indicating the dates and locations of employment, with the retirement system no later than 2 years after the effective date of the bill
Medical Board/Board of Trustees Involvement
- For active members, once the Medical Board determines that an active member is disabled by a qualifying condition, that member is entitled to the presumption
- For retired members applying for reclassification, once the Medical Board determines that the member is disabled by a qualifying condition, the Board of Trustees must determine that an illness or disease was caused by a member's involvement at one of the WTC Sites. Upon such determination, it is then presumed that it was the result of an accident and would have been disabling had the condition been known and fully developed at the time of the member's retirement
Reclassification
- Covered members who have retired either for service or ordinary disability can apply to have their pension benefit reclassified to an accidental disability benefit
- Reclassified benefit is paid prospectively, effective on the date of the reclassification
- The member's original option selection remains in effect
September 11 th Workers Protection Task Force
- The task force consists of 19 members appointed as follows: six by the Governor, three by the temporary president of the Senate (two from the unions of affected workers and one from a health organization; three by the Speaker of the Assembly (two from the unions of affected workers and one from a health organization); the State Comptroller, the City Comptroller, the Mayor, the Commissioner of the State Department of Health; the Commissioner of the State Department of Labor; the Director of the State Division of the Budget; and the Commissioner of the State Department of Civil Service.
- Charged with reviewing and monitoring the health of affected workers, implementation of the bill, holding hearings, consulting with health organizations, identifying federal funding sources to help state and local governments pay costs of new disability benefits, etc.
- Issuing a report to the Legislature and Governor beginning on June 1, 2006 and every June thereafter addressing the progress of the task force and strategies or actions for ongoing treatment and monitoring of individuals.
Overall, it was a good legislative year for the UFOA. All of our important two-year bills were extended for another two years, and we hope to pass a stroke bill when the Legislature returns. The stroke bill is an amendment to the Heart Bill, and it was reported out of Senate and Assembly committees and ready to be passed in both houses when the session ended. Unfortunately, the bill had been amended with less than three days in the session (it originally included hypertension but the legislative leaders concluded it should be limited to strokes), and it was not sufficiently aged when the session ended.
UFOA Members as Volunteer Firefighters
Whenever I approach this subject, I know that I will be inundated with hate mail. But the UFOA is a labor organization and we have a responsibility to our members and our brother and sister professional firefighters. First, I want to be clear that this union has the utmost respect for the volunteer fire service and for their commitment and dedication to their communities. Our message is directed only to our members. We ask you not to be a volunteer firefighter in your community.
Why? Because this union and the UFA worked hard to pass presumptive legislation to protect you. If you develop certain heart ailments, lung diseases, cancers, hepatitis C and TB, it is presumed to have occurred as a result of your employment as a professional firefighter. When you fight fires as a volunteer you jeopardize our bills for the future. The membership should also realize that there are paid professional firefighters in Nassau, Suffolk, Westchester and Orange Counties. In the past we have had members in Garden City, Long Beach and several other departments where there are paid union firefighters. Would you let an unpaid volunteer work on your FDNY company? Now you know how they feel.
It has also come to our attention that volunteer Chief cars from Bethpage, Setauket, Dobbs Ferry, Port Washington and Malverne sometimes park at the Fire Academy. I'm sure the mayor makes note of this when he visits. So when we talk money with the mayor, he reminds me that our guys would do it for nothing.
At the very least, please leave your volunteer Chief's cars home or park them off site and don't park them at your firehouse.
A reminder to the membership, the plaques issued to you are for your use only. Please do not abuse the privilege by giving a plaque to family members or friends. We continue to receive complaints from Division 1 & 3 companies that cars are parked at their quarters without permission. Remember, never park at a firehouse without first checking with the housewatch. Our plaques are numbered, if we continue to receive complaints, we will contact you.
Hometown Heroes Survivors Benefit Act of 2003
The Public Safety Officers' Benefits (PSOB) Program has been amended to include the Hometown Heroes Survivors Benefits Act of 2003, which was signed into law on December 15, 2003. If a public safety officer dies as a direct and proximate result of a heart attack or stroke , that officer shall be presumed to have died as the direct and proximate result of a personal injury sustained in the line of duty. If the officer, while on duty, is engaged in a situation involving nonroutine stressful or strenuous fire suppression, rescue, hazardous material response, emergency medical services or other emergency response activity or participated in a training exercise or not later than 24 hours after so engaging or participating in such activity. “Nonroutine stressful or strenuous physical” excludes actions of a clerical, administrative, or nonmanual nature. The HHA provision only covers deaths occurring on or after December 15, 2003. The HHA is not retroactive.
It has been a year and a half since the Hometown Heroes Survivor Benefits Act has been passed and the IAFF and 12 other public safety organizations are questioning why new Public Safety Officers' Benefits (PSOB) regulations have not been drafted. On June 23, a letter was sent to Alberto Gonzalez demanding a face-to-face meeting and some answers about why the PSOB regulations have not been issued. A copy of the letter is attached.
Under the Public Safety Officers' Benefits Program (PSOB), a public safety officer is a person serving a public agency in an official capacity, with or without compensation, as a law enforcement officer, firefighter, or member of a public rescue squad or ambulance crew.
A copy of the Constitution has been mailed to all active members. If you have not received your copy, please call the UFOA office at 212-293-9300. Please take the time to review it. This is your union and this document is critical to our union's future success. If you have any proposed changes, please write them on the form attached to the back of the President's Report and return it by September 8, 2005 (date of our September GMM) via fax, 212-292-1560, or mail to the UFOA, 225 Broadway, Suite 401, New York, NY 10007.
IAFF Fallen Fire Fighter Memorial Ceremony
Will be held on Saturday, September 17, 2005, in Colorado Springs, Colorado. This year's ceremony will honor the 86 IAFF members killed in the line of duty between June 2004 and June 2005, as well as those who died earlier, but were reported during this time period. This year's honorees from the FDNY include Lt. Curtis Meyran, B-26, Lt. John Bellew, L-27 and FF Richard Sclafani, L-103.
Individuals planning to attend this year's memorial (families, IAFF members and honor guards) must register online at www.iaff.org by Wednesday, August 31, 2005. For more information or assistance, contact the IAFF Fallen Fire Fighter Memorial staff at (719) 442-2014 or (877) 423-3336 (for U.S. only) or the IAFF staff at (202) 824-1571.
Since its creation in 1976, the names of fallen IAFF members have been engraved into the wall of honor located behind the memorial. The organization also provides assistance to surviving families and serves as a public reminder of the risks fire fighters take every day.
On Duty Hospitalization Notification
When a member is hospitalized, the Officer should contact the Emergency Operations Center, 718-999-2094, so the HELP Team can be dispatched to the hospital. If EOC is not notified the HELP Team will not respond to the hospital
Chelsea Tait, daughter of Ret. Lt. Jim Tait, L 109, has been diagnosed with pediatric acute myeloid leukemia and is in need of type (O-) whole blood and
blood platelets. To make a directed donation of whole blood call the NYU blood center at
212-263-5440. You will need to know Chelsea's birthday: 11-29-86. To give a direct donation of blood platelets call the NY Blood Center at: 1-800-439-6876. The information you'll need to make a directed donation is patient # 89685 and file # 42570. Thank you in advance for your contributions.
Kaitlin Baggott, daughter of DC Ed Baggott, D-13, has been awarded a $1,000 scholarship from the New York State Professional Fire Fighter's Association and the New York State Honorary Fire Chief's Association.
Come honor Father Chris Keenan at a mass on Sunday, August 7 th at 10:00am, followed by brunch at All Saints Roman Catholic Church, Madison Avenue and 129 th Street, Manhattan. This celebration is to honor Father Chris for his 40 years as a Franciscan and to celebrate his 60 th Birthday. After Mass brunch will be served at the Church. Parking is available. Anyone interested should contact either; Mary Bollon LaBruna, 914-715-0496; All Saints Church, 212-534-3535 or Danny Prince, 718-496-3893.
The members of E-23, in conjunction with the Trevor Win'E Fund, are sponsoring a drive to equip our troops with Cooling Vests. Each $125 donated buys one Cooling Vest to be worn under body armor. All monies collected by the FDNY will be used to equip New York area based units serving in Iraq. FDNY MEMBERS will be given the vests first. For further information, contact Capt. John Bendick, 914-523-6276.
September 10, 2005 for the Labor Day Parade. The UFOA will be participating and would like all off duty members to march behind the UFOA banner.
The Fund is now able to accept donations by credit card. To make a credit card donation, please visit our website, www.ufoa.org and click on Donate . To donate by check, please make checks payable to the UFOA Bravest Scholarship Fund and mail to UFOA, 225 Broadway, Suite 401, New York, NY 10007 Attn: Scholarships. The Fund is now offering neckties for sale.
Monthly Re-Cap ADC's and ABC's (JUNE 2005)
Deputy Chief Battalion Chief DIV 1 DIV 3 DIV 6 DIV 7 DIV 8 DIV 11 DIV 13 DIV 14 DIV 15
Overtime Average
as of July 20, 2005
Lieutenant Hours Captain Hours SOC 203 SOC 221 Div 1 190 Div 1 235 Div 3 117 Div 3 157 Div 6 209 Div 6 216 Div 7 187 Div 7 263 Div 8 305 Div 8 355 Div 11 249 Div 11 238 Div 13 158 Div 13 144 Div 14 140 Div 14 180 Div 15 113 Div 15 296 AVERAGE 187 AVERAGE 231
Uniform Vacancy Report
(Effective July 20, 2005)
Lieutenant SFM Captain Battalion Chief Deputy Chief DAC AC Asst. Ch. FM Chief Fire Marshal
VSF Action - The United States District Court ruled in our favor, dismissing the disability retirees' challenge to the VSF. Their attorney has filed a notice of appeal. Our retirees are funding attorney welfare plans by their continued pursuit of this meritless litigation.
1127 Federal Litigation - We are awaiting the final ruling from presiding Judge, Barbara Jones.
Battalion and Division Commander IP –OCB , OLR and the UFOA have a conference call this week to schedule further proceedings.
Administrative Fire Marshals - No change.
Fraternally, Peter Gorman
Publications Committee: President
S. Carbone; J. Dunne; A. Parrinello
Copyright © 1999-2005
Uniformed Fire Officers Association
225 Broadway, Suite 401, New York, N.Y. 10007
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