UFOA GENERAL MEMBERSHIP MEETING
September 13, 2007
President's Report
- 5-5-5-5
- Fatal Fire – Deutsche Bank
- Fatal Fire Investigation
- CD-73’s Deutsche Bank Fire
- Contract
- Comp Time
- College Credit
- CFR-D Differential and TPR Entries
- Disability Pension Update
- City Hall Update
- FDNY WTC Counseling
- FDNY Gaelic Football Club
- Tom McTigue Foundation Fundraiser
- FF John Hannon (L17) Memorial Run
- MDA “Fill the Boot”
- Overtime Average
- Uniformed Vacancy Report
- Legal Proceedings
- Administrative Proceedings
Lt. Joseph Graffagnino, Ladder 5 and Firefighter Robert Beddia, Engine 24, succumbed to injuries received while operating at Manhattan Box 7-7 0047 on August 18, 2007.
It is always an unfortunate circumstance when a President’s Report begins with condolences. The UFOA Executive Board and the entire UFOA membership extend our heartfelt sympathies to the families of Joseph Graffagnino and Robert Beddia. As you are all aware, Joseph Graffagnino was posthumously promoted to Lieutenant as he was on the current list.
The UFOA welcomes Joseph and his family into our family and it will be our pleasure to ensure his family’s well being. We have already established contact with his wife Linda, and explained the benefits that she and their children will be entitled to. It is well known that the UFOA always does its best when it comes to taking care of our families.
I want to take a moment and thank all those members who attended the funerals of Lieutenant Joseph Graffagnino and Firefighter Robert Beddia. A special thank you to the Officers and members of Engine 24 and Ladder 5, who provided for the needs of their fallen members at the most critical time. We would also like to thank the coalition host companies Engine 229/Ladder 146.
We also extend our sympathies to our Brothers and Sisters of the Boston Fire Department, Local 718 for the loss of FF Paul Cahill and FF Warren Payne who died tragically on August 29th. As is customary, the UFOA Executive Board attended both funerals and there was a significant turnout of other FDNY members. The Boston Fire Department was there for us and we will always be there for them.
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We are honored to have as our guest tonight New York City Council Speaker Christine Quinn. Speaker Quinn will be swearing in the Executive Board members.
According to the UFOA Constitution and By-Laws, elections were held for Executive Board positions at our reorganization meeting held on Wednesday, September 12th. The results of the election were as follows:
BC John J. McDonnell Lt. James J. McGowan Treasurer Lt. Edward Boles Recording Secretary Capt. Patrick Reynolds Financial Secretary Capt. John B. Dunne Sergeant At Arms Capt. Michael C. Currid
Lieutenants' Representative Lt. Stephen J. Carbone Chiefs' Representative BC George S. Belnavis Chiefs' Representative DC Richard J. Alles Terms of office will end on August 31, 2008.
On behalf of the Executive Board, I want to thank the entire membership for your support and once again I want to pledge to the membership that your elected board will work tirelessly for the benefit of all active and retired members and your families. Next month we will present the membership with our goals for the upcoming year.
The Fire Commissioner and Mayor saw fit to “lift” three of our members from their commands. They seem to feel that significant blame rests upon the officers for not following inspection regulations, a task that is nearly impossible to comply with. While there have not been any formal disciplinary charges filed against these three members, the news media has “trashed” their good names and reputations; a severe penalty in and of itself. We all know these brothers to be great, outstanding Fire Officers, who have had unblemished exemplary careers. This manner of treatment is insulting and outrageous. This union will stand right alongside each of them through the entire investigation process. The Manhattan District Attorney’s office is the lead investigative agency and has told the FDNY and Department of Investigation that they will continue to be the lead agency and the only agency on this case. The UFOA has cooperated in the investigation and will continue to do so. Accompanied by counsel, I accepted the invitation to speak with the lead prosecutor, Pat Dugan, and I found him to be very professional and capable. He assured me that every member who appears at his office will be treated fairly and professionally; he explained that he has always had high regard for Firefighters and Fire Officers. Every member who is requested to speak with him will have an attorney from the union with him at all times. I am sure that every member understands how serious this criminal investigation is and we are optimistic that those who are responsible will be found and tried in court. The lives of two brave firefighters and the reputations of three fine Fire Officers will not be forgotten or minimized.
I have attached to this report copies of the two letters sent to Commissioner Scopppetta and the one response I received.
Any Fire Officer contacted for any interview or meeting pertaining to job related activities should ensure they notify the UFOA and speak to a Trustee prior to being interviewed.
Members should be aware that the CD-73’s are available on the UFOA website as well as on the FDNY Intranet.
On the payday of October 5, 2007, all members will be receiving their retroactive monies and their check will reflect the new rates. We, the Executive Board, would like to thank the entire membership for the favorable return of ballots and the very favorable vote to ratify; 81%. Although this contract was settled in a somewhat timely fashion, it was by no means a simple negotiation. We realize that no contract is perfect for every member, but we are sure that overall this was a fine settlement that will give all of us a 17% increase in salary over 4 years – with no givebacks! One portion of the contract that proved to be difficult was the 12% Specialty Pay and who will receive it. As I stated before, this issue was not a negotiable item; it was an award earmarked for 4.92% of our population. We attempted numerous times to “customize” their plan, such as reducing the percentage value and spreading it out to include more members, but we were turned down at every level. As complicated and unjust as it may appear, as a union, we must see this for what it really is and that is recognition for some of our members for the special work they do. It also opens the door in future negotiations for the expansion of eligible members.
As you should be aware, the Captains Endowment Association finally settled their contract and it has been approved. With this settlement, we will now be able to negotiate the Comp Time problem, as this was the stumbling block. I have had informal discussions with Commissioner Hanley and he also hopes to settle this matter expeditiously. I have a formal meeting with Commissioner Hanley set for September 20th to present our ideas. We will also be discussing our other arbitration on non-emergent appearances.
On of the most egregious matters this union has had to face this year has been the “St. Regis College” credit issue. Thirteen of our members were fined with monetary penalties for what the Department considered “fraudulent behavior”. Three of those thirteen were given 60 day penalties or about $25K in fines; more than anyone expected. Perhaps worse than the fines was the embarrassing and insulting media coverage, especially by the Staten Island Advance. In all their disparaging litany, the media fails to mention that college credits are not the basis for promotion. They fail to mention the many long hours and years of diligent studying we all have to endure in order to get promoted. The timing of this Department Order could not have come at a more complex time and one must question the timing.
CFR-D Differential and TPR Entries
Company officers are advised to note DO 74/07, section 2.7 regarding verification of CFR-D certification. This reminder has been published in past department orders and it may be only a matter of time before an audit reveals payment of this differential to members whose certification has expired or possibly to members who never had such certification. Units are advised to call the CFR-d Unit at Fort Totten (718-281-8469) for an updated roster of their unit to avoid payment of the differential to non-certified personnel. It would be prudent to post a listing of non-certified members with the TPRs and/or the company group chart for the use of covering officers.
Our Attorneys have set forth the argument that the ITHP should continue to be treated as non-taxable. Corp Counsel is attempting to schedule another meeting with the IRS for the end of September. The City is trying to get a handle on how much money is at stake insofar as the aggregate of ITHP, employee contributions and the enhanced accidental disability pensions. These numbers are necessary because the IRS wants to know “how much money they are leaving on the table”. In addition, a practical argument that the City is willing to make is that because the base accidental disability pension is clearly not subject to tax, the additional amounts would not have triggered additional taxes in any event on a large majority due to personal exemptions. Of course, no one can know each individual’s tax consequences. Corp Counsel also needs the breakdown of disability pensions because a decision will soon have to be made regarding the tax reporting for the 2007 tax year. It is also unclear if this is negotiable with the IRS. Corp Counsel is reluctant to offer up any significant amount on behalf of the city as a settlement figure to the IRS with respect to past years’ reporting of the disability pensions. We will keep everyone apprised of future developments.
We are currently working with City Council legislators exploring potential pieces of legislation, which can be formulated as a result of issues emerging from the 130 Liberty Street fatal fire. There is an oversight hearing scheduled for September 19 at 10:00am, City Hall, that will address the Deutsche Bank fire and other recent incidents. We are unsure if this hearing will take place due to the pending investigation and scheduled commitments of both the UFOA and 9 MetroTech.
There will also be a follow up hearing on September 24 at 1pm in City Hall, which will focus on access to medical care and benefits for uniformed municipal workers involved in the 9/11 recovery effort.
The FDNY Counseling Unit has opened four satellite counseling sites. Flyer listing the sites and additional information are available tonight’s meeting.
The FDNY Gaelic Football Club will be traveling to Ireland in October to participate in charity games against the Dublin Fire Brigade and the Northern Ireland Fire and Rescue Service. The money raised will be donated to the Burn Center Foundations in Dublin and Belfast. The team is creating a journal book to support this endeavor. Battalion 17 Delegate Denis McCool has more information on how to obtain journal ads.
Tom McTigue Foundation Fundraiser
On Saturday, September 22nd, there will be a fundraiser for Tom McTighe, Jr. (son of FF Tom McTigue, ret., Rescue 3 and a member of the FDNY Emerald Society Pipes and Drums Band). Tom was diagnosed with Acute Lymphocytic Leukemia and is currently undergoing chemotherapy and is facing a tough battle ahead. The fundraiser is at Gaelic Park, Bronx, NY (238th St & Broadway) from 2-7pm. There will be food, drinks and raffles. Informational flyers are available at tonight’s meeting. If you are unable to attend the fundraiser but would like to make a donation, please send your check payable to The Tom McTigue Foundation, PO Box 298, West Nyack, NY 10994.
FF John Hannon (L17) Memorial Run
On Friday, September 28, the 10th annual John Hannon 5K Run will take place at 11am in Orchard Beach. This will be the last Hannon Run, so please make an effort to participate in this year’s event. All proceeds will be donated to the New York Firefighters Burn Center Foundation. For further information call Engine 60/Ladder 17.
The UFOA/UFA/FDNY held its 2nd Annual Muscular Dystrophy Association (MDA), “Fill the Boot” campaign in Times Square and Penn Station and the results were outstanding. The total amount raised was over $20,000. Together with the $1 per man per meal campaign held last January, our contribution to MDA was over $40,000. The UFOA would like to thank all those members who gave their time and look forward to greater success next year.
Overtime Average
as of August 25,2007
Lieutenant Hours Captain Hours SOC 170 SOC 174 Div 1 230 Div 1 186 Div 3 203 Div 3 193 Div 6 155 Div 6 207 Div 7 140 Div 7 177 Div 8 243 Div 8 275 Div 11 211 Div 11 229 Div 13 165 Div 13 149 Div 14 219 Div 14 211 Div 15 148 Div 15 143 AVERAGE 188 AVERAGE 194
Uniform Vacancy Report
(Effective September 12, 2007)
Lieutenant SFM Captain Battalion Chief Deputy Chief DAC AC Asst. Ch. FM Chief Fire Marshal
VSF Action -The Appellate Division ruled for us, affirming the lower court’s order granting us summary judgment dismissing the Complaint. Plaintiffs then moved for permission to reargue or to appeal to the Court of Appeals and that motion was denied. Plaintiffs moved for permission to appeal to the Court of Appeals. We have opposed the motion and are waiting for a decision.
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. The Supreme Court ruled for us, directing the City to process the retirement of Firefighter Benson. The City has appealed to the Appellate Division.
EMS IP -Withdrawn as part of the contract settlement.
Off-Chart Assignment Arbitration -The hearing concluded on April 13th. Briefs were submitted on May 18th. We are awaiting a decision.
Comp Time Arbitration -Now that the CEA contract has been ratified, we will be meeting with the City’s Office of Labor Relations in an effort to agree on a fair way to obtain payment for accrued compensatory time.
Non-Emergent Appearances Arbitration-A meeting is scheduled for September 20th at OLR with Commissioner Hanley, Arbitrator Vianni, UFOA attorney Richard Betheil and Jack McDonnell.
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 has asserted that they always could and always have scheduled Light Duty Members on five-day schedules. OCB denied our request for injunctive relief. We are awaiting their decision.
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