UFOA GENERAL MEMBERSHIP MEETING
February 8, 2007

President's Report

Table of Contents

Contract Update

I am pleased to announce that a coalition of uniformed unions have joined together to negotiate a contract with the City.  The uniformed coalition includes the following unions:

Uniformed Firefighters Association
Uniformed Fire Officers Association
Marine Engineers Benevolent Association
Detectives Endowment Association
Lieutenants Benevolent Association
Uniformed Sanitationmen Association
Sanitation Officers Association
Uniformed Sanitation Chiefs Association
Correction Officers Benevolent Association
Correction Captains Association
Assistant Deputy Wardens/Deputy Wardens Association

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Education Credits for Promotion

This past week the Department of Investigation issued a report on St. Regis College.  This college is not accredited and back in 2003, the Department notified our members who submitted credit from this college that they would not be accepted.  All involved members and the UFOA fully cooperated with the DOI investigation.  There was never an attempt to deceive the Department and the UFOA takes issue with the tone of the DOI Report.  We have and will continue to represent our members involved with the investigation.

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Reassignment of Covering Officers

As part of our collective bargaining agreement the UFOA agreed to allow the rescheduling of a defined number of covering officers' tours in exchange for a credit. There seems to be a great deal of confusion with the agreement with our members and OAD. The agreement is as follows:

  • Covering Lt's may be rescheduled a maximum of 24 hours per calendar year; Captains, BC's and DC's may be rescheduled for a maximum of 36 hours per calendar year.
  • The Department must notify you at least 48 hours in advance if they want to reschedule your tour.
  • Once a tour is rescheduled, the Dept. must reschedule that tour so it is paid back within 30 days. If 30 days pass, you owe nothing. For example, if you are notified on the 29th day that you must work on the 31st day, that is not permissible. The 30-day window is for actual payback not for notification purposes. Therefore, you must be notified by the 28th day if you are to work on the 30th day.
  • The Dept. must notify you at least 48 hours in advance when they want you to repay a tour.
  • Rescheduling must be full tours only, no partial tours. For example, a Captain or Chief Officer who was already rescheduled for 2 – 15 hour tours (30 hours) cannot be rescheduled again since only 6 hours remain in his bank.
  • The UFOA has notified Officer Assignment that we will not permit any exceptions to our collective bargaining agreement. Deputy Chiefs should insure that our agreement is being complied with on a division level.
     

The Department has recently released a “memo” with the preceding information included.  They failed to include the fact that these rescheduled tours shall be repaid within 30 days.  Your union’s current contract includes the following statement, “Surplus tours shall be rescheduled within 30 days upon 48 hours notice.”  If you are asked to repay a tour in violation to our contract please notify your trustee immediately. 

 

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LODI Medical Leave on W-2

For the members who want to calculate their daily rate for tax purposes, the daily rate is computed by adding the annual salary, longevity (old and new), night shift and holiday pay amounts, and then dividing by 365 days.  Members can refer to the salary charts if they want to compute their daily rate.  These charts are on the intranet and there are a limited number available at today’s meeting.

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MDA Week

The UFOA and UFA sponsored the second annual “$1 per man per meal week” to benefit the Muscular Dystrophy Association.  This event was held the week of January 28-February 3 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 $5,000.  If you have not mailed in your check, please do so immediately.  All money is due no later than Feb. 28, 2007.

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Whole Blood and Platelet Donors Needed

Rev. Everett Wabst will be admitted to Sloan-Kettering to undergo a stem cell transplant as part of his treatment for lymphoma.  He is in need of blood and/or platelets.  Donations designated for Everett must be made at Memorial Hospital in Manhattan and appointments are required.  Please visit www.mskcc.org/blooddonations for complete information about donor eligibility and the donation process.  If you are interested in donating, please call Marion Novack at the Blood Donor Room at 212-639-8177.  The Donor Room is open every day and is located at Memorial Sloan-Kettering Cancer Center, Schwartz Building Lobby, 1250 First Avenue (between 67th & 68th St.), NY, NY.

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Personal Appointments with the Health Benefits Coordinator

The Health Benefits Unit will schedule appointments to meet with members for any issues regarding Health Benefits.  Appointments may be scheduled on Monday from 10am to 1 pm, Wednesday from 2pm to 4pm and Friday from 10am to 1pm.  Members must call 718-999-2196/2171, in advance, to schedule an appointment with a Health Benefits Coordinator.  Walk-in visits without a scheduled appointment, even during the designated periods, may not be accommodated.  Please call in advance to meet with a Health Benefits Coordinator.

 

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Deduction for Catastrophic Insurance

The majority of the UFOA membership has a deduction on their paycheck for Catastrophic insurance.  Marsh Affinity, who administers the program, has had payroll conflicts with the Office of Payroll Administration on the proper deductions.  If you overpaid during the year, an adjustment will be made on a future payroll.  Attached to the President’s Report is a chart showing proper deductions for our active membership. If you have any questions, please call the UFOA FPP office at 212-376-8400.

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Emerald Society, FDNY, Annual Scholarship Exam

The Emerald Society, FDNY, Annual Scholarship Examination for boys and girls, will be held on Saturday, March 3, 2007, 8:30 a.m. to 11:30 a.m. at Sacred Heart School, 457 West 51st Street, Manhattan. Children who will be graduating from 8th Grade or Junior High School in 2007 are eligible if a parent or sibling is a member of the Emerald Society. Emerald Society members must be current dues paying members, having been so for at least 3 years prior to the exam. Applications for this examination may be obtained from Borough Officers and Company Delegates of the Emerald Society. Applications should be completed and mailed to the Scholarship Chairman, William P. Treanor, 98 Bay Street, Bronx, NY 10464, 718-885-0648.

 

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LT. John Clancy/FF Jimmy O’Shea Memorial Scholarship Fund

The Lt. John Clancy / FF Jimmy O'Shea Memorial Scholarship Fund will award ten individual $1000.00 scholarships to college bound children of active Firefighters and Fire Officers. The awards will be randomly selected at the 11th Annual Lt. John Clancy / FF Jimmy O'Shea Memorial Golf Outing. To be eligible for the scholarships, students must provide the following information by April 30, 2007.
• Name of Student and FDNY parent
• Anticipated date of graduation and current level
• Members work unit, home address and phone number
• Students proof of full-time enrollment in an accredited College or University (Minimum 12 credits per semester)
Please send scholarship information to: Rich Berkhout, E-298, 153-11 Hillside Avenue, Jamaica, NY 11432.

 

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Promotion to Deputy Chief Exam No. 6521

Filing for the Promotion to Deputy Chief Exam No. 6521 on the DCAS website has been postponed until February 7, 2007.  As per the DCAS website, filing will open on February 7 and continue until February 27, 2007.  Information can be found on the DCAS website http://www.nyc.gov/html/dcas/html/employment/promo.shtmll.


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

Your Battalion Delegates have received a list of all active and retired members in their Battalion who have and have not sent in their form and this list includes:

  • If the form was received at Headquarters;
  • If the information was verified by Headquarters;
  • If the form was received, but the information has not yet been verified.

Please contact your Battalion Delegate for this information.  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 instructions on our website, www.ufoa.org.  If you are unsure if you qualify, you should still fill out and submit the form. Note: For those members who retired after 9/11 on Accidental Disability, it is important that you file the affidavit, even though you’re currently not covered under the provisions of the WTC Bill.  We hope to amend the bill in the near future to include those members retired on Accidental Disability.

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Social Security & Medicare Tax Refunds for LOD Injuries 

The City has reached a settlement with the Internal Revenue Service (IRS) involving FICA (i.e. Social Security & Medicare) tax refunds to both the City and eligible uniformed members of the City’s Correction, Fire, Police and Sanitation Departments. The years covered by this settlement are 1989 through 2005. Eligible uniformed members of these departments who were on authorized Line of Duty Injury (LoDI) leave at some point during the years 1989 through 2005 will likely be eligible for a refund of the FICA taxes paid on LoDI payments received for a period of six months or less. Correction, Fire and Police Department members are eligible from 1989 while Department of Sanitation members are eligible from 1992.
Please note that LoDI payments received for a period of greater than six months have previously been deemed to be exempt under a separate statutory provision and thus are not part of this refund.
In order to collect a refund in connection with this settlement, eligible uniformed members must submit a signed consent form to the City allowing the City to collect the refund on the employees’ behalf. Once the IRS refunds the monies to the City, the City will then remit the money to the employee. In the absence of a signed consent form from an employee, that employee will not be able to participate in this settlement. Moreover, that employee may be forever barred from collecting a refund of these amounts since his/her time for filing an individual refund claim will likely have expired.
The City began sending out letters on February 5 to those affected by this.  If you do not receive a letter but believe you are eligible, please contact the Office of Payroll Administration (OPA) at 212-669-2333.

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Political Action

The UFOA Executive Board extends a sincere thank you to the over eighty fire officers who turned out to work for candidate Maureen O’Connell’s NYS Senatorial race in Nassau County Tuesday. And also to the Deputy Chiefs’ Eligible Association who turned out and worked for her every day for the past few weeks.  Although we were not victorious, we scored a lot of political points with the Senate Majority who recognized our efforts on Maureen’s behalf.  Special thanks to BC Peter Leicht for all his efforts and hard work during this campaign. Pete was responsible for turning out many volunteers not only on Election Day but during the entire campaign.  Below is a list of volunteers who turned on a very cold day to help with our campaign efforts for Maureen O’Connell.

Jim McHugh (ret.)
Terrence Walsh
Frank Lomuscio
Capt. Steve Hintze
Capt. Pete Foti
BC Jim Lamonda
BC Kevin Duffy
Capt. Steve Marsar
DC Arthur Parrinello (ret.)
Lt. James Joyce
BC Wes Schelling
Lt. Tim O’Connor
BC Mike DeGennaro
Lt. Rob Forde
Capt. Steve Damato
BC Tom Danz
Lt. Ed Biancavilla (ret.)
Capt. Michael DeRudder
Capt. Al Hagan
Capt. Jim Maloney
Lt. Tony Montaruli
BC Mike Canty
Lt. James Canty
Lt. Tom Murphy (ret.)
BC Paul Mannix
Lt. Jim Corcoran
Lt. Chris Hogan
Lt. Mike Capasso
Capt. Larry Nostramo
BC Frank Ryan
BC John Bley
DC Kevin Corrigan
Capt. Tim Riordan
Lt. Joseph Morrison
BC Bob Sutherland
Lt. James Zodkowic

BC John Alban (ret.)
BC John Gulotta
Lt. Jimmy Renne
BC Billy Ayers (ret.)
BC Peter Leicht
BC Jerry Wren
Capt. Joseph McLoughlin (ret.)
Capt. Robert McLoughlin (ret.)
Lt. Peter Irish
Lt. Bill Barrett
BC Mike McGrath
Lt. Ted DiPasquale
Lt. Ed Coakley (ret.)
Lt. Kevin McCutchan
BC Edward McSheehy
BC Bob Boyce
Capt. Robert Madden
Lt. Patrick Barry
Lt. Kevin Quinn
Lt. Joe Downey (ret.)
Lt. Raymond Thomas
Lt. Fred Cortese (ret.)
Lt. Jim Hayhurst (ret.)
Capt. Joe Matthews
Capt. Mike King
BC Bill Mundy
BC Rich Alles
SFM Robert Thomson (ret.)
Capt. Emil Longo (ret.)
Lt. Thomas Kreuzer
Lt. John Lynch
Lt. Joe Minogue
Lt. Dave Marmann
Capt. John Nykiel
Lt. Kevin Anderson

 

 

 

Overtime Average
as of February 1,2007

Lieutenant Hours Captain Hours
SOC 174 SOC 146
Div 1 304 Div 1 246
Div 3 281 Div 3 233
Div 6 185 Div 6 175
Div 7 213 Div 7 176
Div 8 357 Div 8 317
Div 11 307 Div 11 313
Div 13 218 Div 13 178
Div 14 294 Div 14 225
Div 15 268 Div 15 273
AVERAGE 260 AVERAGE 228

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Uniform Vacancy Report
  (Effective February 5, 2007)

   
Last # reached
Lieutenant
33
183
SFM
00
018
Captain
-13
Battalion Chief
04
089
Deputy Chief
04
DAC
00
  
AC
-01
  
Asst. Ch. FM
00
  
Chief Fire Marshal
00
  

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Legal Proceedings

VSF Action - The case was argued on December 4, 2006.  The Appellate Division recently ruled for us, affirming the lower court’s order granting us summary judgment dismissing the Complaint.  The Court required the plaintiffs to pay the UFOA’s court costs on the appeal.

Benson Litigation -With the UFA, we are challenging the refusal of the Fire Department to process the retirement of a Firefighter whose retirement application was acted upon by the Board of Trustees.

 

Administrative Proceedings

EMS IP - Our reply is pending.

Off-Chart Assignment Arbitration -Our first hearing day was January 18, 2007, before Arbitrator Al Viani.  The City will present its remaining witnesses on April 13.

Comp Time Arbitration -We completed one day of hearings on December 6, 2006 before Arbitrator Maurice Benewitz.  Continuation of the hearings is scheduled for April 27, 2007.  The case is proceeding well, but no result is assured.  Moreover, the issue of an appropriate remedy, if we prevail, is problematic because the contract provides that Chief Officers cannot receive overtime pay except in the form of comp time.  We are arguing that compensation can be paid for a contractual violation.

Light Duty Policy-We have filed an Improper Practice Petition with the Board of Collective Bargaining, challenging the unilateral change in scheduling of Light Duty Personnel to a five-day work week.  The number of appearances is a mandatory item of negotiation, but the Fire Department will surely assert that they always could and always have scheduled Light Duty Members on five day schedules.  We have joined with the UFA in seeking an injunction preventing the unilateral imposition of the new schedule and recently submitted reply papers to the Board of Collective Bargaining for an injunction. 

 

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