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On June 29th, the Mayor and City Council reached a budget agreement restoring funding for all 20 companies that were slated to be closed. The UFA rallied support around the City with a PR campaign that informed the public about the dangers of closing companies. The UFA personally lobbied all our key elected officials. Speaker Christine Quinn and Councilwoman Elizabeth Crowley were instrumental in securing overwhelming support from the City Council to keep the firehouses open.
Keeping the firehouses open is a major victory for public safety, but our fight is far from over. We are certain we will have to deal with this issue again for next year's budget, if not sooner. The State budget is still not finalized, and the Bloomberg administration has hinted that it may request additional cuts from the Department later this year. It is crucial that we remain vigilant and continue our PR campaign so that public safety, and the safety of firefighters is not compromised.
Roster Staffing (5th Man) Agreement
Prior to the 1988 arbitrated contract through NYC Office of Collective Bargaining the FDNY operated with 135 five-man engine companies. All 5-man engines were lost during this disastrous arbitration. The UFA Executive Board subsequently presented an effective safety impact case before the late Professor Walter Gelhorn, which in 1996 resulted in the restoration of 60 of these 5-man engines for a 10-year period. The resulting contract language reads, "After the expiration of this Agreement, January 31, 2006, the City, in view of factors including, but not limited to changes in technology, structural and non-structural fires, and response time, may wish to change staffing levels. In the event the City plans to make such changes, the parties will negotiate to the extent required by NYC Collective Bargaining Law."
In 2006, the UFA Executive Board negotiated a 5-year extension of the agreement without diminishment of terms, which expires January 31, 2011. The UFA subsequently negotiated four additional 5-man Haz-Tec Engines in the 2002-2006 Collective Bargaining Agreement. During this year's budget fight to keep firehouses open, the City made clear that it wants the UFA to give up the 5th man in 60 engines when the agreement expires in January. This is more than ironic since the FDNY's own studies conducted by the NYC Fire Academy have documented that manning reductions will create an adverse impact on the safety of firefighters and the public, significantly increasing the time it takes to stretch lines and get water on the fire.
Commissioner Cassano also said in his testimony that "hopefully we will be able to come to an agreement with the UFA on our plan. However, if we cannot reach an accord with the UFA, arbitration will be necessary." We have already told the Department that the UFA will not consider any reduction in staffing in lieu of closings. This is an issue of firefighter and public safety. The UFA has conducted dozens of meetings with elected leaders from Washington, Albany, City Hall and throughout the five boroughs to discuss the importance of maintaining proper staffing in NYC. The City Labor Commissioner has stated the current terms of the agreement will remain in effect until an agreement is finalized either through negotiation or arbitration.
Manning Reduction Imminent as per 1996 Roster Staffing Agreement
As per the 1996 Roster Staffing Agreement, the Fire Commissioner can reduce the number of 5-man engine companies from 60 to 11 if annualized medical leave exceeds 7.5 percent. Current annualized medical leave is 7.4952%. If medical leave continues to trend upward we will be facing a staffing reduction in August. The problem is exacerbated by the recent heat wave. As widely reported, the first week in July was the busiest week for the New York City Fire Department in almost 30 years, as firefighters responded to 93 major fires that resulted in 471 firefighters getting minor injuries. Since July 4th, there have been a total of 8,700 fire incidents. Obviously, if an oppressively hot summer continues, medical leave will continue to rise.
A staffing reduction will immediately reduce manning to 4-FF's on all but eleven engine companies. These remaining eleven 5-man engine companies will also be reduced to 4-and then truck companies will be reduced to 4-as members become injured or sick after the start of the tour. Note that 4-man truck companies will need to modify existing search and rescue protocol (VES) at fires. These manning reductions if enacted will compromise Firefighter and public safety.
Pension Legislation
In June 2009, Governor Paterson vetoed the Tier II Pension Extension Bill, which had previously been approved every two years by the State Senate, Assembly, and Governor for the past 30 years. Although this veto has no impact on current FDNY employees, it will affect future hires with all the Fire and Police unions throughout the state. This winter, Firefighters and Police Officers outside NYC agreed to a new pension tier that maintains the 20-year pension but individuals must now contribute 3% towards their pensions throughout their careers (NYC Firefighters have always contributed to their pensions). Other changes regarding vesting requirements and overtime pension calculations were also agreed upon.
Some important progress has been made regarding Presumptive Illness Retirement Laws, though we still face significant challenges. Since the Tier II veto, the UFA spent considerable time in Albany meeting with elected officials regarding maintaining important pension and retirement standards. Most importantly, we insisted that any new tier must include a provision that makes all of the UFA's presumptive bills permanent. The UFA was successful this winter in getting these legislative improvements made into law. All current and future members and their families now have the protection of permanent heart, cancer and communicable disease laws. No longer will the legislature or future governors be able to play political games with the laws that protect NYC Firefighters.
Tier III Pensions
As a result of the governor's veto, the next FDNY class after 7/01/09 will be hired under Tier III which will require employees to work a minimum of 23 years before reaching retirement eligibility, however, there is a built-in COLA. Not all issues are clear or resolved, including reduced disability and death benefits under Tier III. The UFA will continue to update you on the UFA's negotiations for a new pension tier as they develop.
The UFA will also continue to post updates regarding all of the above issues on it's Web site. A new feature has been added and one can now easily follow breaking news about the UFA on Twitter HERE.
In May, the annual UFA Delegate Education Seminar was held at the Trump Taj Mahal in Atlantic City. This year, to recognize their long-time support of firefighters, the UFA honored Bill Grilliot, Chief Executive Officer of Morning Pride/Honeywell, 1971-2009; Mary Grilliot, Chief Operating Officer, Morning Pride/Honeywell, 1978-2009; and Jack Reilly, VP of Metro Market Accounts, Morning Pride/Honeywell, 1994-2009. Specifics regarding the seminar, as well as the program guide can be viewed on the UFA Web site HERE.
Medal Day was held on June 2nd in front of City Hall. A listing of Medal Day recipients, as well as a complete program along with biographical data, can be found on the Department's Web site HERE. Congratulations to all of the honorees. The UFA is proud of you!
As always, stay safe!
Stephen J. Cassidy,
President
