UFOA GENERAL MEMBERSHIP MEETING
February 9, 2006

President's Report

Table of Contents

Contract Update

Will be presented by President Gorman at the GMM.

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E 262/EMS Joint Facility

The UFOA & UFA, met with the Dept. on Jan. 26 th to discuss moving EMS into the quarters of E 262. We informed Commissioner Scoppetta that we had already filed an Improper Practice Petition and demanded the right to bargain before EMS moved into a fire facility. Last week the Commissioner notified us that an agreement was reached with Mt. Sinai Hospital, Astoria (formerly Astoria General) for the EMS to continue operating from the hospital.

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Voluntary Overtime - The following letter was sent to Chief Hayden on February 6th :

I am writing to advise you of the UFOA's position on the use of voluntary overtime assignments, which appear to be on the rise. The Department regularly requires Fire Officers to either receive or provide training on various subjects. The UFOA fully supports the provision of appropriate training to Fire Officers and we are happy to have Fire Officers share their expertise with other members of the Department. However, there is an increase in the practice by the Department of expecting Fire Officers to participate in such training when they are not scheduled to work. We believe that this practice violates both the collective bargaining agreement and the New York City Administrative Code. Accordingly, we have filed an arbitration demand to challenge this practice, which is pending before the Office of Collective Bargaining.

We believe that the contract and the Administrative Code provisions mandating a particular chart for Fire Officers, with mandatory time off between work tours, constrain the Department and that is the basis for the pending proceeding. In light of this pending proceeding and the Department's increasing tendency to request that Fire Officers provide or receive training when they are not scheduled to work, the UFOA is requesting that Fire Officers refrain from volunteering for any duty outside their regularly scheduled tours until this issue has been resolved. We are especially concerned about the use of Chief Officers for those duties since they have no real expectation of receiving any payment or time off for the additional compensatory time they accrue. The UFOA has expressly excluded from this request the current PSS training.

I trust that this letter makes our position clear. If you have any questions about our position on this issue, please advise me.

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Medical Leave

FDNY management is questioning the supervisory skills of fire officers who responded to Bronx Box 66-2585 on Feb. 1 st because 61 members requested medical leave. If you are asked for information about injuries from your Division, Battalion or Company, please comply with the request. However, no officer should try to explain each individual injury. Medical leave is granted by the FDNY Medical Officers. This union takes exception once again at management's attempts to question our dedication to duty.

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Fire Patrol

The New York Board of Fire Underwriters (NYBFU), a consortium of insurance companies that runs the New York City Fire Patrol, voted January 31 to discontinue the 200-year-old fire service organization, potentially eliminating the jobs of 80 members of IAFF Local I-26. James Nunez, president of the NYC Fire Patrol Local I-26, appealed to the NYBFU to restore and preserve the services of the sole remaining insurance salvage corps in the nation.

Created in the early 1800s to preserve the contents on non-fire floors from fire and water damage during FDNY fire suppression operations, the NYC Fire Patrol operates three fire response trucks and responds to approximately 10,000 alarms per year, saving the property of large businesses and residential high-rises valued in the hundreds of millions of dollars. Since its founding, the NYC Fire Patrol has worked hand-in-hand with FDNY to respond to major fires in New York. More than 30 members of the Fire Patrol have been killed in the line of duty, including one on 9/11/01.

The UFA, UFOA and IAFF are working with the Fire Patrol Executive Board to educate the public on the function of the Fire Patrol and the savings to the business community as well as the public. The closing of the Fire Patrol may also impact the FDNY in unforeseen ways-someone has to do the work they now perform.

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MDA Week

The UFOA and UFA sponsored the first “$1 per man per meal week” to benefit the Muscular Dystrophy Association. This event was held the week of January 29-February 4 in every firehouse, Bureau of Training, Ft. Totten, Headquarters, UFOA and UFA offices. We appreciate all those members and companies that contributed. MDA has received checks totaling $13,410. If you have not mailed in your check, please do so immediately. All money is due no later than Feb. 28, 2006. MDA will be at our March GMM to report on the final contribution total.

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Notice of Participation in the World Trade Center Rescue,Recovery or Clean-Up Operations

If you have not received your affidavit from the FDNY and you may qualify for the provisions of the WTC Bill, please call 718-999-7041 or 718-999-0148. The form must be completed, notarized and filed with the Fire Department Pension Fund, Subchapter II by June 14, 2007. It is highly recommended that you send this form by Certified Mail with Return Receipt Requested, as verification of filing and keep a copy of the form for your records. There is a copy of this Affidavit and the instructions on our website. If you are unsure if you qualify, you should still fill out and submit the form.

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Overtime Average
as of February 8,2006

Lieutenant Hours Captain Hours
SOC 196 SOC 211
Div 1 265 Div 1 232
Div 3 176 Div 3 144
Div 6 199 Div 6 148
Div 7 178 Div 7 210
Div 8 343 Div 8 351
Div 11 283 Div 11 270
Div 13 145 Div 13 159
Div 14 192 Div 14 191
Div 15 235 Div 15 308
AVERAGE 221 AVERAGE 222

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Uniform Vacancy Report
  (Effective February 8, 2006)

   
Last # reached
Lieutenant
07
809
SFM
01
018
Captain
-05
357
Battalion Chief
05
057
Deputy Chief
02
DAC
01
  
AC
-01
  
Asst. Ch. FM
00
  
Chief Fire Marshal
00
  

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Legal Proceedings

VSF Action - The retirees' appeal is pending.

1127 Federal Litigation - Judge Barbara Jones has made no determination on our litigation.

 

Administrative Proceedings

Battalion and Division Commander IP - Further proceedings to be scheduled.

Administrative Fire Marshals - No change.

EMS IP - We filed an improper practice charge that the assignment of supervisory responsibilities over EMS staff is a fundamental change in the job descriptions of bargaining unit positions, on which the City is required to negotiate. The City's date to answer is now being set.

Meal Period IP - We have filed an improper practice charge that the change in meal period policy requiring responses to CFR-D incidents cannot be imposed unilaterally. The City's response is due on February 22, although this charge will likely be deferred until the arbitration is completed. (See below.)

Meal Period Arbitration - We have filed an arbitration demand, claiming that the change in meal period policy also violates the collective bargaining agreement. Hearings have been scheduled for March 10, 2006.

Off-Chart Assignment Arbitration - We have filed an arbitration demand over the assignment of certain members off-the-chart to non-emergent duties (e.g., training). Scheduling is pending.

Comp Time Arbitration - We have filed an arbitration demand over the failure of the Fire Department to establish any policy or means permitting members to use their comp time on a timely and equitable basis. Scheduling is pending.

Step III Grievance – We have filed a grievance on the involuntary transfer of a Bronx Battalion Chief.

 

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