65-2 #31 June 22, 2012

Union Issues


1. September Union Meeting Date Changed
New York's Primary Day has been rescheduled from September 11 to September 13. Therefore, the September Union Meeting date has been changed from September 13 to Thursday, September 20. The meeting is scheduled at the Hilton New York JFK Airport Hotel. Please notify all your company members and insure that all UFA, personal and firehouse calendars are adjusted accordingly.

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2. Candidate Nominations
Nominations for Recording Secretary were made at the June 14th General Membership Meeting. The following candidates who submitted verified signature petitions were nominated from the floor and provided with required documents. Membership address disks were provided to candidates, in accordance with the UFA Constitution.

Recording Secretary
1. LeRoy McGinnis, Engine 266
2. Michael Radigan, Ladder 26

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3. UFA Recording Secretary Election Ballot Mailing Dates
Ballots will be mailed to each member's residence by the American Arbitration Association (AAA) on Thursday, June 28, and must be returned to the AAA by 10am on Monday, July 16. Any member who has not received a ballot by Wednesday, July 3 is directed to call AAA directly at (800) 529-5218, M-F 9am to 5pm, or email Jeff Zaino at zainoj@adr.org, and give the correct residence address (and actual assigned unit--not their detail assignment). A ballot will be mailed to your home that same day. Military members serving active duty may vote via the internet in accordance with the UFA Constitution and the below time requirements (see item # 5 below).

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4. Ballot Count Date
Ballots will be counted on Monday, July 16 commencing at 10am. Ballot tabulation at the AAA will be conducted under the oversight of the UFA Election Committee, as per the UFA Constitution. The Committee consists of one representative from each borough, which is listed HERE. Election results will be announced via 65-2 Fax the same day ballots are counted. The new Recording Secretary will take office effective immediately.

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5. Active Military Members May E-vote
Military members serving active duty any time between 6/28/12 and 07/16/12 (and unable to reside at their NY residence) may vote via the internet in accordance with the UFA Constitution and above time requirements. Any activated military member wishing to e-vote must insure your e-mail address on record at the UFA is current in order to receive an e-ballot. If not, immediately prepare a 'SBF Change of Address Form' noting your email address, sign and mail it to the UFA, Attn: Joe Miccio, Recording Secretary. Forms can be obtained from your Delegate, the UFA website or by calling the UFA SBF at 212-683-4723. Any Delegate with an activated military member assigned to his company is asked to reach out to the family to obtain an email address, if the member is using email while overseas. Provide this info to UFA Recording Secretary Joe Miccio at jmiccio@UFANYC.org. The information will be verified prior to emailing a ballot.

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6. Update Your Address, Telephone or Email with the UFA
Any member wishing to vote must insure your home address on record at the UFA is current. If it is not current, immediately prepare an 'SBF Change of Address Form' and mail it to the UFA, Attn: SBF, to the address on top of the form. Forms can be obtained from your Delegate, the UFA Website Here or call the UFA SBF at 212-683-4723.

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7. STAC Committee Inclusion of Zadroga Bill Cancers
Press release statement from Steve Cassidy last week: "We are pleased with Dr. Howard's decision to accept the STAC Committee's recommendation to include cancers. No group suffered greater exposure to the 9-11 toxins than New York City Firefighters. We toiled at the site for months-on-end, throughout the rescue and recovery efforts. While this inclusion of cancers will not solve the health issues of those that are sick, it is a critically important decision towards protecting their families." Steve updated all members present at the June 14 Union meeting.

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8. City Budget & Proposed Firehouse Closings
The latest City budget announcement once again proposes the FDNY to close at least 20 companies effective the new fiscal year, which begins July 31. A 45 day notice is required by the City before closings take place (no notice has been given). The UFA will continue to meet with various elected officials to discuss strategy to minimize cuts to FDNY operations. The UFA will work with the City Council, support the affected communities and run an aggressive ad campaign that informs the public how they will be affected by any proposed firehouse closings. Last year, the FDNY reported that the following companies were slated to be closed: Engines: 4, 26, 46, 60, 157, 161, 205, 206, 218, 220, 233, 284, 294, 306, 328, and Ladders: 8, 53, 104, 128, and 161. The City announced in its proposed 2012-13 fiscal year budget that it once again plans to close 20 units. Steve Cassidy gave an update to all members present at the June 14 Union meeting.

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9. Pension Reform Ballot in California
This month's public referendums in California and the Governor's recall election in Wisconsin are emboldening labor's detractors elsewhere in the country to take away union bargaining rights and hard earned benefits of the working class. Steve discussed these issues with all members present at the June 14 Union meeting.

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10. Congressional Election Tuesday, June 26th
The Primary election for the Congressional seat will be held on June 26th. On March 29th the UFA endorsed City Council Fire & Criminal Justice Chair Liz Crowley for the vacant US House of Representative seat in the 6th Congressional district. Liz has been a fine supporter of Firefighters and issues important to us, and has fought to keep firehouses open. Based on her past record and position on all of our issues, we found Liz to be the best candidate to represent the UFA and people of 6th district in Congress. Once again, we will be looking for volunteers in the Get-Out-The-Vote operation for this election. If you would like to get involved, please e-mail your information (name, company and phone number) to PAC@ufanyc.org. We will need a big turn out of UFA members to help Liz get elected in what will be a close vote for the Primary.

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11. Firefighter Entrance Exam Update
The City, under the supervision of the court appointed Special Master, is engaged in the process of creating a hiring list from the candidates who took the new FDNY entrance exam. The Test Validation Board which will handle challenges by candidates to the answers proposed by the test creators, will convene very soon. Once the challenges are resolved, the City will submit a proposed scoring and rating system to the Court and the parties. We still do not know how the scoring or ranking of candidates will be done. The Court will have the final say. In addition, the Court and parties are working out how to evaluate claims for back pay and retroactive seniority. We do know that the Court has, at least, agreed that candidates for priority hiring must take and pass the new exam. They cannot simply rely on having passed either of the two prior exams that were ruled invalid by the Court. We will keep the membership updated as developments materialize.

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12. Court Decision Makes It Easier to Sue Chauffeurs for Accidents
REMINDER TO ALL CHAUFFEURS: The New York Court of Appeals (the highest Court in the State) rendered a decision last year in a case entitled Kabir v. County of Monroe, which expands the potential liability of chauffeurs and the City of New York for rig accidents. Prior to that decision, a person suing a chauffeur and the City for an accident while the rig was in an emergency response had to prove not only that the chauffeur was negligent, but that the chauffeur was driving with "reckless disregard for the safety of others." The Court of Appeals has now decided that, except for accidents caused by speeding, going through lights or stop signs or going the wrong way on a street, injured persons now have to prove only simple negligence. In the Kabir case, a police officer responding to an emergency rear ended a private vehicle while moving slowly through traffic. Since the injured person no longer had to prove "reckless disregard for the safety of others," the police officer and the County of Monroe were found liable for damages. This decision again emphasizes the need that all chauffeurs operate their vehicles in a safe manner and in accordance with the applicable traffic laws and the rules and regulations of the FDNY.

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13. Revised Minimum Staffing Policy Guidelines

At Labor-Management, and subsequent communications with the UFA over the past month, the Department explained its revisions of various provisions regarding PA/ID 5-74, which went into effect on June 9. The UFA offered suggestions regarding certain provisions, some of which have been reflected in the new policy. We have also received numerous inquiries from the field regarding the following issues, which have been clarified by the Department as follows:

  • MMOT on Vacation: Members on vacation will be permitted to volunteer to work MSOT (formerly titled MMOT) while on vacation. However, the new policy will not permit hiring of such members until MMOT has been offered to all other eligible members who have made themselves available in accordance with hiring preferences spelled out in the policy.
  • MMOT Details: Members hired from home are required only to report to their assigned unit by the beginning of the tour, not the detailed location.
  • Redline Increase: The Redline has been raised to 75 hours, but "The Chief of Operations... may adjust the Redline based on current MSOT levels."
  • UFA Meeting Delegate Excusal: As per revised PA/ID 5-74 Addendum 3 (attached), "Only when citywide staffing is "C" or below, shall a Delegate obtain an eligible replacement for the six-hour excusal time."

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14. Roster Staffing Case Updates:
  • 24-Hour Mutual Restrictions Threatened Again: Current annualized medical leave is at 7.45%. The Department continues to threaten that 24-hour mutual privileges will be suspended if medical leave levels increase to 7.5% annualized. Since February 7, 2011, the UFA has had a grievance pending that challenges the legality of this policy. The City has filed the Petition claiming that the UFA's grievance is not "arbitrable". The City's Petition Challenging Arbitrability was held in abeyance, but since the Department renewed its threat to suspend 24-hour mutuals in the May 1, 2012 Departmental Order, the UFA's labor attorneys have requested that the matter be put back on the calendar. Considering the dual realities that the medical leave rates are calculated based upon headcount-which is dramatically reduced-firefighters are forced to work more overtime as a result. Therefore, it will be statistically impossible for medical leave rates not to continue to increase. The operational policies of the Department (roster staffing and UCT) essentially created an environment where the triggering event to suspend mutual privileges will be unavoidable.
  • Understaffed Unit Injury Reporting: Any member who becomes injured in the Line-of-Duty while working in an *Understaffed Engine or Under/Reduced Staffed Ladder is requested to notify your Delegate. The Delegate or another member of the unit should fax a copy of the Officer's Unusual Occurrence Report (if prepared by your Officer) and any additional pertinent information to the UFA at 212-683-4359 or 212-683-0710, ATTN: Joe Miccio, Recording Secretary. Immediately notify the UFA if any firefighter or civilian is seriously injured due to this staffing reduction!

    *UNDERSTAFFED UNIT: Per AUC 287, any engine or ladder riding with fewer than 4 Firefighters (3 or less) is Understaffed. A ladder riding with 4 Firefighters is defined as 'Reduced Staffed Unit'.

  • Riding Early in Understaffed Units-Don't Do It!!!: Department Regulations 11.1.2 require that all members riding must be assigned on the Officer's Riding List. If you are not on the Riding List, you are not permitted to ride. Early relief is only permitted man-for-man, as per Department Regulations 21.1.4, which state "Members may be relieved before roll call for a period not to exceed 60 minutes. Such relief shall be on mutual exchange basis." Members are reminded that if you arrive at work early and your unit is still riding understaffed, you are not permitted to ride unless it is an authorized early relief of another FF. UFA MEMBERS DO NOT WORK FOR FREE!!!
  • City's Motion to Dismiss UFA Roster Staffing Appeal Denied: As you know, the UFA and UFOA filed a joint petition on January 31, 2011, alleging that the City's elimination of the 5th firefighter in the 60 Engines set forth in the Roster Staffing Agreement violated its requirement to negotiate, as well as created a negative safety impact. In its Interim Decision, the BCB dismissed the unions' allegations of a violation of the duty to negotiate, but found that the unions had set forth sufficient facts to warrant a hearing to determine whether the reduction in staffing has a practical impact on the safety of firefighters.

    With regard to the dismissal of the unions' claims relative to the City's duty to negotiate, the UFA filed an appeal of that part of the decision on July 29, 2011 in the N.Y. County Supreme Court. The City and Board of Collective Bargaining (BCB) each filed cross-motions to dismiss the UFA's appeal. We are pleased to report that on February 8, 2012 the NYS Supreme Court denied the City's and BCB's applications to dismiss the UFA's Article 78 application. The UFA's case will now proceed through the N.Y. Supreme Court seeking an order annulling part of the BCB's Interim Decision, dated June 20, 2011, which held that the City was not required to negotiate its unilateral decision to reduce fire engine company staffing levels. The City and BCB filed their Answers to the UFA's Article 78 Petition on April 30, 2012. The UFA filed its Reply papers on June 4, 2012. We are now awaiting a Decision and Order from the Supreme Court. The BCB's Interim Decision and the Supreme Court's Decision and Order are posted HERE.

  • Roster Staffing Hearing Updates & Discovery Requests: The UFA and the UFOA filed their joint Discovery Request upon the City in September, 2011 for the safety impact hearing. The City delivered 17 cases of documents and six compact disks in response. The Office of Collective Bargaining has appointed Theodore St. Antoine, former Dean of the University of Michigan School of Law, as the Trial Examiner who will preside over the safety impact hearing. On February 7, 2012, UFA Labor Counsel held a status conference call with Trial Examiner St. Antoine and the City's attorneys, who are represented in this case by the Proskauer law firm. The UFA Executive Board thanks all members from the former 5-FF engines who worked to pull first due 10-75 information, and forwarded it to us for this case. Based upon that information, the UFA submitted, on February 28, 2012, its Supplemental Discovery request to the City for the Incident History Reports, CD-72s and Battalion audio tapes of all 10-75s provided, in addition to other information and documents. The City's response is expected this month.

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15. UCT Case Update & Court Ordered Subpoena Against City
The Unified Call Taker hearings at the OCB took place on June 21, July 19, August 2, August 4, October 6, November 18, December 21; and in 2012 on January 19, January 25, February 24, and March 5th. The UFA and UFOA are working together on this case. Additional hearings, which had been scheduled in April and May, were cancelled by the Trial Examiner because of the related Court proceedings described below.

During the January hearings, the UFA/UFOA requested all documents concerning the study of the 911 call-taking system and UCT conducted by an independent consulting firm from Virginia. The City refused to provide the documents. The BCB does not have authority under the Labor Law to compel the City to produce documents. Therefore, the UFA filed an order to show cause with the NYS Supreme Court to have the Court issue an order that the City produce the requested information. On February 29, 2012, NYS Supreme Court issued a "So-Ordered Judicial Subpoena Duces Tecum", which compelled the City to comply with the UFA's Discovery Requests for the independent consultant's report documents, and certain additional information that the City also refused to produce.

On the day that the City was supposed to produce all drafts and versions of the UCT consulting report, known as the "911 Call Processing Review," the City filed a motion to quash the February 29, 2012 judicial subpoena that required the production of the documents. The UFA opposed the City's motion to quash. On April 9, 2012, the New York Supreme Court agreed with the UFA and denied the City's motion. The "911 Call Processing Review" was then ordered to be produced by April 16, 2012. However, in order to delay the process further, the City filed an appeal of the denial of this motion to the Appellate Division, First Department. On April 27, 2012, the UFA filed a motion with the Appellate Division, First Department, to require the City's appeal to be processed in a dramatically expedited manner. The Court's Decision on this motion should be rendered by the end of June.

On May 4, 2012, the City released the final, edited version of the "911 Call Processing Review". This release does not change our legal actions of opposing the City's frivolous appeal, and seeking enforcement of the N.Y. Supreme Court's order that the City must release all drafts and versions of the "911 Call Processing Review".

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16. Randomness of FDNY Random Drug Testing
Back in 2004 and 2005, the UFA filed multiple improper practice proceedings concerning the FDNY's random drug testing policy. The practice petitions were held in abeyance during the pendency of the related NYPD unions' case, as that litigation progressed from its initial proceedings before the Board of Collective Bargaining (BCB), and then through the entire court system of the State of New York finally resulting in a decision from the NYS Court of Appeals.

The issue for the BCB now is to decide is whether our proposal that a UFA representative be present during the random selection process and sign the back of the sheet which designates the company to be tested (without revealing the designated company to the UFA representative), is a negotiable subject which required the City to bargain. The UFA strongly maintains that the City was required to bargain this proposal with the UFA and failed to do so. We also believe that the Court of Appeals decision in the NYPD unions' case does not foreclose bargaining on this specific proposal because this proposal has nothing to do with the Fire Commissioner's authority to test. Both parties have submitted closing briefs to the Office of Collective Bargaining. We will keep the membership advised of the status of this matter.

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17. Cold Water Rescue Drills
The Dept initiated live training at Multi Unit Drills this spring without consulting the UFA. Our members raised concerns regarding the safety of members going in the water (East River & strong currents) and issues concerning Hepatitis A and its vaccine. The UFA met with the Dept at Labor-Management on April 18. The Dept said that members going into the water are in a cold water suit and tethered. The Dept believes there are no safety issues. Regarding possible exposure to Hepatitis A, the Dept has and will continue to offer vaccinations to all members, not just Cold Water Rescue units. Any member who enters the water for training and/or rescue that has not received a Hepatitis A vaccine will be offered one, but it is not a mandate.

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18. Proper Hydration
The Health & Safety Office would like to remind all members of the importance of ongoing hydration as the summer months approach. Please remember that "rehab" needs to begin before a fire. It is important to drink plenty of non-caffeinated beverages throughout your tour and before your tour in order to prevent dehydration. By arriving at a fire scene even mildly dehydrated, the stress on your heart will increase significantly. The Health and Safety Office has a "Rehab" handout that you should familiarize yourself with. If you have any questions about this or any other health and safety issue, please contact our office at 212-545-6965.

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19. Heat Index for Signal 10-51
The summer heat will be upon us soon. When the Heat Index ('Feels Like' or 'Real Feel' temperature) is 105 degrees or more, a Signal 10-51 is mandated, in accordance with Fire Prevention Manual Chapter 3, Addendum 2. The Heat Index is reported by the National Weather Service (NWS) hourly and is also regularly reported in the media as 'Feels Like' or 'Real Feel' temperature. Exact current 'Feels Like' temperatures (Heat Index and also Wind Chill Index) can be found on the NWS web site at www.srh.noaa.gov/zipcity.php by entering your zip code. The bottom of the UFA Homepage> also has a weather link to obtain this info. Your on-duty Officer is responsible to make immediate notifications to the Battalion whenever the 'Feels Like' temperature warrants a signal 10-51 and it is not given over the teleprinter.

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20. Random Drug Testing Quarterly Report
The FDNY reports that the following units were tested randomly between 01/01/12 and 03/31/12. A total of 77 Units were tested within this period: 33 Engines, 26 Ladders, 8 Battalions, 1 Division, 1 Rescue Company, 1 Squad Company, 2 Borough Commands, 1 Safety Battalion, 1 Marine Division, 1 Marine Company, 1 Hazmat Battalion, 1 Hazmat Company. Nine Fire Marshals were also tested within this period. Reports are sorted by both company and chronologically. Reports listing each company tested and individual dates were distributed at the June 14 Union meeting.

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21. Delegate Education Seminar 2013 Dates
In accordance with the UFA Constitution, a seminar site was chosen by a majority vote of the Delegate body. The 2013 Delegate Seminar will be held May 7th through May 10th in Atlantic City at the Trump Taj Mahal. The May 2013 Union Meeting will also be held at the Taj Mahal during the seminar on Friday morning, May 10th.

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22. Marsh Catastrophic Policies Updates
The United States Life Insurance Company in the City of New York (United States Life) believes that your Excess Major Medical /Catastrophic Major Medical plan is a "grandfathered health plan" under the Patient Protection and Affordable Care Act (Affordable Care Act). A grandfathered plan can preserve certain basic health coverage that was already in effect when the law was enacted. Marsh will be placing all current Catastrophic insured members into grandfathered status, and will be providing details of its new Catastrophic Policy that will be available to members in the near future. Your current policy is not exempt from Healthcare Reform laws and could not be offered to new enrollees going forward. Marsh reports that while the new plan has some benefit variations, it will still have many of the components that UFA members and their families have counted on for over 25 years.

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23. Making Sure Our Brothers Are Always Remembered: FDNY Member Guides at 9/11 Memorial
The September 11th Families' Association/Tribute WTC Visitor Center, which is located next door to Engine 10 / Ladder 10, is seeking active or retired members of the FDNY to serve as 9/11 Memorial guides and Tribute Center volunteers. Volunteers share their experiences related to September 11, 2001 and educate visitors from around the world about the World Trade Center during special access walking tours at the 9/11 Memorial. For FDNY members who are looking for an additional opportunity to make a difference through service, you are welcome to consider joining the many NYC Firefighters who currently volunteer to do the 9/11 Memorial tours. Please contact Nancy Gamerman at 212.422.3520, ext. 112, or ngamerman@tributewtc.org. Visit http://www.tributewtc.org/walktours/meet.php to download an application. The dates of the next training are: Friday, June, 29th: 6:00 pm - 9:30 pm and Saturday, June 30th: 9:00 - 4:30 pm. Let's make sure our story is told and our brothers are always remembered!

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24. FF Carl Capobianco (L-87) Plaque Dedication
On Monday, July 30th at 11am a plaque dedication honoring the memory of Firefighter Carl Capobianco (L-87) will be held in the quarters of E-167/L-87, 345 Annadale Rd Staten Island, NY. All off-duty members and their families are invited to attend. Members are requested to attend in dress uniform.

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25. FDNY Bravest vs. Irish National Baseball Team
On July 7th at 3:30pm at Provident Bank Park home of the Rockland Boulders the Irish National Team is coming to Rockland to play the FDNY Bravest baseball team. Gates open at 12 noon. Boulders vs Quebec@ 7. Ticket includes both games. There will be bagpipers, Irish stepdancers performing, fireworks, access to playground for kids and a U2 tribute band in stadium bar after games. Tickets: $14. For more info contact Scott Miller 917-225-7872 or visit www.nyfiredup.com.

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26. FF Carl Capobianco (L-87) Memorial Golf Outing
On Monday, August 6th at 8am there will be a shotgun start at La Tourette Golf Course in Staten Island for the FF Carl Capobianco Memorial Golf Outing. Tickets: $165 per person (all-inclusive) includes golf cart, shirts, food and beverages. Proceeds will be collected to dedicate an FDNY Fire Family Transport Van in Carl's name. For more info contact FF Mark Ryan (L-87) 718-494-4267.

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27. A-Team Scholarship
The family and friends of Lt. Joseph Cavalieri, FF Christopher Bopp and FF James Bohan have established an A-Team Scholarship in their memory. The scholarship will award a freshman entering a private high school in September 2012 five hundred ($500) dollars each year. The student must submit an essay describing why they want to attend the particular private high school. The student must maintain a C or better average throughout high school. The scholarship competition is open to any child of an active or retired member of the UFA or UFOA. Applicants must submit an essay with parent's name, address, phone number and work unit. All information shall be sent to FF Matt Lindner (L-170) 1361 Rockaway Parkway, Brooklyn, NY 11236, Attn: A-Team Scholarship FDNY. Postmark deadline to submit essay is August 15, 2012.

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28. FDNY Appreciation Day At Six Flags Great Adventure & Wild Safari
On Saturday, August 18th from 9:30am - 10pm, Six Flags Great Adventure and Wild Safari will host FDNY Appreciation Day. Tickets are $30.99 (half-off the regular admission) for all FDNY employees with FDNY ID, and their families. Admission includes The Lt. Dan (Gary Sinese) Band Concert at 7pm. From 9:30am - 10:30am, the Park will be open to FDNY families only, for 1 hour of exclusive time, on the SkyScreamer plus other attractions in the newest area, Adventure Alley. Other activities include an FDNY-led Parade, baby safari animals, and FDNY Fire Zone merchandise. The Lt. Dan Band Concert begins at 7pm at the Northern Star Arena, FDNY pre-concert program at 6pm. Proceeds benefit the FDNY Foundation. To order tickets, log on to www.sixflags.com/greatadventure promotion code: FDNY.

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29. Splish Splash Water Park Discount Tickets Available
Long Island's Waterpark located at Exit 72 West, Long Island Expressway, Riverhead, NY (631) 727-3600, www.splishsplashlongisland.com. 18 water slides, wavepool, lazy river, kiddie area and more! General admission price is $32, Under 48" and Seniors admission price is $26. Children 3 and under are free. For further info, please contact Amy Truscelli at 212-683-4832. Tickets must be purchased at UFA offices. Any unused tickets that are purchased thru the UFA can be refunded if tickets are returned by August 31st.

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30. "Spider-Man Turn Off The Dark" Celebrates America's Real Heroes
Spider-Man Turn Off The Dark, Broadway's most popular new show, is offering "Spider-Man Hero Seats", specially priced tickets for America's Real Heroes and their families. All branches of the Armed Services and Military Service Personnel (active, reservists, retired, and veteran), police officers, EMS and firefighters are all eligible to receive up to four "Hero Seats". These tickets will be available year round. "Hero Seat" tickets are available at the Foxwoods Theatre box office only with valid services ID, and can be purchased for day-of performance or up to two weeks in advance. Tickets for shows Tuesday - Thursday: $39, Friday - Sunday: $49. Tickets and seat locations are subject to availability. Foxwoods Theatre box office (213 West 42nd Street), is open Monday -Saturday, 10am-8 pm and Sunday, 12pm-6pm. Spider-Man Turn Off The Dark now plays the following performance schedule: Tuesday - Thursday at 7:30 p.m., Wednesday at 1:30 p.m., Friday & Saturday at 8pm, Saturday at 2pm, and Sunday at 3pm.

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Fraternally,

Stephen J. Cassidy
President

Joseph A. Miccio
Recording Secretary