Uniformed Firefighters Association of Greater New York

August 26, 2003

Nicholas Scoppetta
Fire Commissioner
New York Fire Department
9 Metro Tech
Brooklyn, NY 11201

Re: Details of firefighters with history of service connected medical leave

Dear Commissioner Scoppetta:

The UFA has learned that the Department has started to detail firefighters whom it perceives to have excessive use of medical leave caused by legitimate injuries suffered both in the line-of-duty and off. Many of these details, which we understand are effective September 2, 2003, and will last until further ordered, are unprecedented. The UFA has not been formally notified about these new assignments, or any change in Department policy.

Please note our formal objection to this detailing. We submit that the Department is improperly punishing firefighters who have been placed on medical leave with legitimate injuries or illnesses that have been confirmed by the Department’s own Medical Office. There is no doubt that the Department’s Bureau of Heath Services and its staff of physicians authorizes medical leave.

The Department’s transparent attempt to punish firefighters for taking appropriate medical leave by detailing them out of their home company not only violates the rules of collective bargaining and the current Collective Bargaining Agreement, but is also unconstitutional. Firefighters are not being given any opportunity to contest a decision to detail them, nor have they been advised, in advance, of the standards upon which this obvious discipline is based.

The new Department policy is simply unacceptable. Please be advised that if the Department proceeds with this plan, theUFAwill file a grievance for the Department’s improper modification of existing policy and procedures and for disciplining members without affording them appropriate contractual and constitutional protections. We will further seek to restrain the Department from ordering these transfers by filing litigation in the Supreme Court.

What is most disturbing about these details is the fact that medical leave has recently been coming down. The Department’s monthly statistics for the last three months are: June 8.63%, July 8.41% and August 7.29% (through August 16th). This is a real substantial change that I believe should be monitored closely. TheUFA has cooperated in working jointly with the Department in achieving this goal. This unilateral imposition of, in effect, disciplinary transfers is counter productive particularly in light of the discontinuance of Department counseling services on August 31st and the two year anniversary of September 11th. Rather than punish members for receiving bonafide injuries or illnesses, I respectfully suggest that you favorably consider suggestions previously offered to you by the UFA.

Since time is of the essence, I would appreciate the courtesy of a prompt response. Please contact me so that our concerns can be addressed. Thank you for your anticipated courtesy and cooperation.

Very truly yours,

STEPHEN J. CASSIDY
President

cc: Francis Cruthers - Chief of Department
Salvatore Cassano - Chief of Operations
James F. Hanley - Commissioner - OLR