The Legal Effect of the 8/1/10-7/31/17 MOA Provisions Relating to Roster Staffing
To the Members of the UFA:
Based upon the questions and comments that have been raised during the contract ratification process, regarding the staffing component of the 2010-2017 Memorandum of Agreement (MOA), the following is a further explanation of the legal effect of Section 6 of the MOA. Pursuant to the tentative agreement with the City, the parties agreed to “enter into a collective bargaining agreement, including this Memorandum of Agreement, modifying the collective bargaining agreements that expired on July 31, 2010 and July 27, 2011”.
If the MOA is ratified by the membership, the staffing levels of C+5, C+10, C+15 and C+20 set forth in Section 6 of the MOA would be a guaranteed term and condition of employment in the UFA’s collective bargaining agreement. In addition, the 96 hours of roster staffing overtime (RSOT) would also be a term and condition of employment in the collective bargaining agreement. These agreed-upon staffing levels, and the 96 hours of RSOT, could not be taken away unless the UFA agreed to it in a new contract which was ratified by the membership.
Having this staffing provision memorialized and incorporated into the UFA’s collective bargaining agreement also means that the definition of “Staffing Level C”, set forth in AUC 287, is a mandatory term and condition of employment. This protects the staffing in all companies of the FDNY because AUC 287 mandates that all Ladder Companies, Rescue Companies, Squad Companies, and HazTech Engine Companies, start the tour with (5) Five Firefighters and all Engine Companies start the tour with (4) Four Firefighters. In addition, Haz-Mat 1 starts the tour with (7) Seven Firefighters and Marine Division Companies start with (2) Two Firefighters.
Therefore, if ratified, this agreement would contractually protect the current definition of “Staffing Level C”, which means that the staffing component of the agreement will continue. In addition, on 2/1/16, 5 Engine Companies will be designated with 5 Firefighters at the start of a tour. Thereafter, the City and FDNY will designate an additional 5 Engine Companies with 5 Firefighters at the start of a tour each year on February 1st through and including 2/1/19. This staggered implementation of C+20 is also contractually protected by law.
To be clear, if there is no ratification of the MOA, the definition of “Staffing Level C” under AUC 287, could be unilaterally changed by the City, and the staffing levels of C+5, C+10, C+15 and C+20, as well as the 96 hours of RSOT set forth in Section 6 of the MOA would not be a term and condition of employment in the UFA’s collective bargaining agreement. This means the City could reduce staffing at any time because it will not be protected in the UFA contract.
If you have any questions, please feel free to contact me at any time.
Very truly yours,
Paul S. Linzer
UFA Labor Counsel