65-2 #8 January 24, 2007

Union Issues

  1. WTC Verification Lists Distributed
  2. Light Duty Schedule Change Documentation
  3. UFA Contract Update
  4. Fighting for First Amendment Rights
  5. Safe Apparatus Response
  6. UFA Convinces Dept to Use Heat Index for Signal 10-51
  7. SS #s No Longer Used on Dept Forms
  8. Bunker Gear RFD Tracking Device Pilot Program
  9. Grievance/Arbitration
  10. RSOT & Self Mutual Payback
  11. Vacation & RSOT Carryover Into 2007
  12. Filing WTC Forms Correctly & Verification by FD/PD
  13. WTC Name Listing Victories
  14. WTC Prescription Card
  15. Retired WTC Volunteer Worker's Comp Coverage
  16. Refund of FICA Deductions re LODI Medical Leave
  17. Annual LODI Tax Deductions
  18. Payroll Check Stubs
  19. Uniform Maintenance Non-Taxability Affidavit
  20. Terminal Leave Bill
  21. NYS Homeland Security Appointment of Steve Cassidy
  22. National Awards Review Board Appmnt. of Steve Cassidy
  23. New UFA Web Site Launched
  24. Personal Appointments With FD Health Benefits Unit
  25. UFA/UFOA Surgical Assistance Fund
  26. Medicare Part D re Prescription Drug Coverage
  27. MDA Week Packages Distributed
  28. LOD Death Family Parking Placards
  29. Cancer Benefit Event for UFA Employee
  30. World Police & Fire Games Uniform Order Form
  31. Annual FDNY Ski RACES
  32. Bravest Football Club Annual Ukranian Hall Party
  33. Basketball FDNY vs. NYPD
  34. N.Y. Sports Club $39/Month Memberships for FDNY
  35. Bally Total Fitness Exclusive Offer
  36. Wanted: Funny Firefighters


1. WTC Verification Lists Distributed
The Pension Bureau has provided the UFA two lists for each Company Delegate, which were distributed at the January 11 Union Meeting. One list is of active members. The second list is of members who retired out of their company. Aides are on separate lists by Battalion and Division number, which were also provided to Delegates of those houses. The lists contain ONLY members who were active FFs during the time periods covered by the WTC Presumptive Illness Bill.

  • Both lists note who in their company filed the form, when it was received, and if it was verified. The 'VERIFIED' field will indicate a "Y", "N" or be blank. Y = verified. N = not verified. If blank, see next 2 bullets.
  • If a date is listed in the 'RECVDATE' field but the 'VERIFIED' field is blank, you will need to verify your status with the Pension Bureau.
  • P.O. ROLLOVER NOTE: members who were Police Officers while working at one of the eligible WTC sites are not be listed on these initial lists due to extra time involved in the verification process. The Pension Bureau has not yet informed the UFA as to when it will provide this info. The UFA will advise the members via 65-2 as soon as the Dept has this info available.

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2. Light Duty Schedule Change Documentation
The UFA requires documentation in order to assist in our fight against recent changes the Dept implemented to light duty schedules. All members who are assigned to light duty and have had their schedules changed in 2007 are to fill out the (attached) form in 65-2 #3 and fax to your Borough Trustee at 212-683-0690 (212-683-0710 if busy). The following info is needed: Name, Assigned Unit, Home phone, Cell, Light Duty Assignment: Date Started, 2006 light duty schedule & tours, 2007 NEW duty schedule & tours, (Sample descriptions: M-F 9am - 5pm, straight 24s, normal 9x6/6x9 work-chart, etc.), and description of personal hardships caused by schedule change, if any. Steve Cassidy and UFA Labor Counsel Mike Axelrod will discussed UFA legal actions at the January 11 Union Meeting. See your Delegate for info.

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3. UFA Contract Update
The last contract negotiation session took place on January 4th. Steve Cassidy provided an update to all members present at the January 11 Union Meeting regarding current negotiations.

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4. Fighting for First Amendment Rights
Supplement No. 4 to Department Order No. 5, published January 11, has taken a bad Department policy, and made it even worse. Under the "new" policy of allowing only American flags and Mass cards on lockers, members are still prohibited from commemorations of 9-11, other religious commemorations, or photographs. For example, under this new policy, family pictures are still banned, even pictures of individuals who were members of the Department. Moreover, even a simple expression of support for America's troops is banned. The UFA will not settle for its members receiving some of their rights. Our members should have the same rights as the citizens we serve. We do not leave jobs half done. Unless the current regulations are modified to allow our members their First Amendment rights, we intend to go forward with a federal civil rights lawsuit.

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5. Safe Apparatus Response
All members are advised to follow proper safety protocol and Dept policies for boarding and riding in fire apparatus. When members are injured the Dept often blames the member, citing regulations violated. UFA Health & Safety Officer/Sergeant-at-Arms Bill Romaka recommends that all members read, understand and follow 65-2 #2 of 2007 titled UFA Safety Initiative: Safe Apparatus Responses. It lists many simple but important things you are required to do prior to boarding the rig and prior to moving the rig. It also excerpts many examples where the Dept publicly blames (in the media) the injured member for not following policy.

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6. UFA Convinces Dept to Use Heat Index for Signal 10-51
As a result of special Heat Index/10-51 Labor-Management meetings, the Dept agreed to the UFA's request to abolish the defunct T.H.I. (Temperature Heat Index), and replace it with the National Weather Service's Heat Index. The benefits of this change were explained at the January 11 Union Meeting.

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7. SS #s No Longer Used on Dept Forms
Recording Secretary Joe Miccio reports that pursuant to Labor-Management initiatives going back several years regarding member identity theft, the Department has recently instituted additional security measures in its data systems. DO #102 of December 06 reports: "full social security numbers shall not be entered on any reports or notifications being forwarded via the internal mail system, either to or from Headquarters or within Work Units of the Department. In the event that a social security number is necessary to identify a member of the Department, only the last four numbers shall be used. The employee reference number shall continue to be the primary identifier on all forms where required.".

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8. Bunker Gear RFD Tracking Device Pilot Program
The Dept has implemented a pilot program where bunker gear pants are equipped with an RFID tag, which is a radio transmitter that broadcasts data programmed into it. According to the Dept, the apparatus is equipped with an RFID reader. Tags are preprogrammed with FF names. Whenever the apparatus radios are functioning, the reader records the names of those riding. This info can be used with the Electronic Command Board during fire operations, which the Dept believes will be helpful to insure accountability for member recovery and safety. The UFA discussed this issue at the January 11 Union Meeting and will report additional info when it becomes available.

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9. Grievance/Arbitration
UFA Recording Secretary Joe Miccio and UFA Labor Attorney Mike Axelrod report the following:

  • Medical Leave Lifts: the last Medical Leave Lifts hearing took place on December 18th before arbitrator Al Viani. First Deputy Fire Commissioner Cruthers and Chief of Dept Cassano testified.
  • E75/L33 Involuntary Transfers: the last E75/L33 Involuntary Transfers hearing took place on December 12th before arbitrator Maurice Benowitcz. The arbitrator has indicated that his ruling is expected in March.
  • Other Open Cases: Random Drug Testing Improper Practices (Challenge of changes to reasonable suspicion AUC, Challenge to Random Drug Testing procedure, Challenge to exclusion of the UFA rep during the selection process of companies to be randomly tested). Also, an Improper Practice case regarding Board Member exclusion from apparatus meetings at HQ.

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10. RSOT & Self Mutual Payback
UFA Recording Secretary Joe Miccio reports that due to an increasing number of tours that the Dept is operating at full manpower capacity, it has become more difficult for members to have approved payback of Self-Mutuals or a rescheduling of RSOT tours. Members are advised to submit IN WRITING all requests for repayment of Self-Mutuals and to document IN WRITING any time you are refused an RSOT tour reschedule due to a group change. Keep a copy of all documented refusals. It is also recommended that a company journal entry is made documenting refusals. Member rights regarding Self-Mutuals and RSOT are spelled out on PA/IDs 3-94, 1/90 and 1-90 Addendum 4 respectively. PA/ID 1-90, section 11.2 specifically notes: "Firefighters with a group/vacation change which results in the opportunity for fewer hours of RSOT are authorized to work additional tours as needed by the Department for 96 hours of RSOT in the calendar year." Without proper documentation of refusal you can lose your rights to carry over RSOT tours to the following year, and you may be penalized for not repaying Self-Mutuals within 90 days.

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11. Vacation & RSOT Carryover Into 2007
Members are advised to submit requests ASAP to carryover into 2007 unused vacation and properly documented RSOT tours owed to you. See your officer for assistance. If the paperwork is not filed in a timely manner, you will lose it. Also, you are not permitted to carryover unused vacation or RSOT tours owed to you beyond one year, in accordance with Dept policies.

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12. Filing WTC Forms Correctly & Verification by FD/PD
The November/December issue of the Firelines, which is available on the UFA web site, contains an article which gives detailed instructions as to which forms must be filed, what info is required and when they need to be filed by. It provides this info for all active, retired and PD rollover members especially regarding the verification process. It is recommended that all members read this article. Additional info and forms can be found on and downloaded from the UFA web site home page. As mandated by law, once the June 14, 2007 deadline passes there will be NO second chances to file late!

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13. WTC Name Listing Victories
Several years worth of UFA lobbying efforts have been successful in convincing officials to list first responders together and by company on the WTC Memorial. The WTC Memorial Foundation finally abandoned its longstanding plan in December to list firefighters and police officers in a purely random fashion. Our members who perished that day will now be listed together with their brothers who they went into battle with..

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14. WTC Prescription Card
The UFA's successful efforts in helping to secure funding from the Federal Government for the treatment of World Trade Center related ailments has moved forward with the WTC Prescription Card introduced last month. This no co-pay prescription card is available to treat selected prescriptions for active and retired firefighters in the WTC Medical Monitoring Program. Note that you are in this program through your FDNY annual medical..

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15. Retired WTC Volunteer Worker's Comp Coverage
Firefighters who were retired BEFORE 9/11/01 and "participated in WTC rescue, recovery or cleanup operations" are required to file the bottom half of form WTC 12 (you are eligible as a Volunteer) with the NYS Worker's Compensation Board before Aug 14, 2007 to be eligible for benefits from the recently signed legislation. A good source of questions and answers and a link to the form can be found at http://www.nycosh.org/environment_wtc/WTC/2006WCFactSheet.pdf. The preceding information has been verified with the Office of the General Counsel of the New York State Workers Compensation Board. This benefit does not preclude you from qualifying for the WTC Prescription Drug Card. THIS APPLIES ONLY TO FFs WHO WERE RETIRED BEFORE 9-11-01, AND VOLUNTEERED AT THE WTC!

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16. 2007 Refund of FICA Deductions re LODI Medical Leave
The City previously reported (via Supplement #69 to Dept Order #87 of 2006) that it expected to mail a consent form and letter explaining the process to every member who is eligible for the FICA LODI tax refund. However, the City's Office of Payroll Administration has recently informed the UFA that it now expects this notice to mail before the end of February. This is regarding the IRS' agreement to reimburse the City and its affected employees (FFs) for FICA (Social Security/Medicare) deductions taken during LOD medical leaves of less than six months duration. The reimbursement for FFs will retroactively cover the period from 1989 through 2005. The City's Office of Payroll Administration (OPA), not the FDNY, will be responsible for administering the refund program. The FDNY published an OPA info sheet in Supplement #69 to DO #87 (distributed to all Delegates at the November 9 Union Meeting) explaining how to apply for the refund and answering anticipated questions regarding the refund program. You will have 60 days from the date of the letter to return the consent form to the City. You will not be paid if you miss the postmark deadline!!! Info was also published on 65-2 #72 of 2006 in November. See your Delegate for this info.

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17. Annual LODI Tax Deductions
Current IRS regulations provide favorable tax treatment of your wages during the approved period of Line-of-Duty Injury (LODI). Wages will be treated on a pre-tax basis. The Dept computes your LODI medical leave days automatically and deducts the dollar amount from your taxable income as per prior UFA contractual agreement. The UFA will publish a special 2006 Tax Year Issue 65-2 in February, which will include a per diem salary rate chart that will allow you to verify the Dept's calculations. It will also include much more info re your paycheck deductions and tax calculations.

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18. Payroll Check Stubs
Per Dept Orders "Each pay period, members receive pay stubs containing details of their pay: gross earnings, withheld taxes, tax deferred annuity, union dues, pension deductions, etc., and year-to-date totals. Check stubs are valuable documents and should be retained. Check stubs cannot be reproduced by Uniformed Payroll Section."

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19. Uniform Maintenance Non-Taxability Affidavit
On October 17, 2006, It is extremely important that each member file the form with their Officer. Per Dept orders, "failure to properly complete and file an affidavit may result in the issuance of a corrected W-2 form that includes the Uniform Cleaning Allowance as taxable earnings". Audits will be conducted to ensure that affidavits are being completed and filed. See your Officer if you have any questions regarding this issue and for obtaining forms.

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20. Terminal Leave Bill
The Governor signed three major UFA bills in 2006, including the Stroke Presumption Bill, WTC Death Benefit Bill and the Widows COLA Bill. Unfortunately our Terminal Leave Bill was vetoed. The UFA lobbied hard right up until the end, but ultimately the opposition proved to be too great. The UFA will continue to pursue that bill in the future.

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21. NYS Homeland Security Panel Appointment of Steve Cassidy
Governor Elliot Spitzer appointed Steve Cassidy to his Homeland Security Transition Committee. The committee will be working on addressing the state's most pressing security issues. The new Director of Homeland Security is State Senator Mike Balboni, a long time friend of the UFA.

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22. National Awards Review Board Appointment of Steve Cassidy
Steve Cassidy was chosen in December by President Bush yesterday to serve on the national awards review board for public safety officers, to a four-year term on the Medal of Valor Review Board. The board was set up in 2002 to honor firefighters, police officers and emergency service personnel with a national honor similar to the Medal of Honor for the military.

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23. New UFA Web Site Launched
The UFA launched its new web site on January 17. Members will be seeing a more modern web site with expanded capabilities and simplified ease of use. The migration process takes a few days and the site will not be fully operational during that time. It is expected to be completely functional no later than Monday, January 22.

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24. Personal Appointments With FD Health Benefits Coordinator
Per Dept Orders, the FDNY Health Benefits Unit will schedule appointments to meet with members for any issues regarding Health Benefits. Appointments may be scheduled on Monday from 10 am to 1pm, Wednesday from 2pm to 4pm and Friday from 10am to 1pm. Members must call 718-999-2196/2171, in advance to schedule an appointment with a Health Benefits Coordinator. Walk-in visits without a scheduled appointment, even during the designated periods, may not be accommodated. Please call in advance if necessary to meet with a Health Benefits Coordinator.

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25. UFA/UFOA Surgical Assistance Fund
Per Dept Orders, the annual reopening of the membership in the Surgical Assistance Fund was announced for January 1, 2007. All active members of the Uniformed Force are eligible for membership. The annual dues are: Single Group $10.00, Family Group $15.00. New members may join the Fund as of January 1, 2007 and shall be entitled to surgical benefits for procedures performed on and after April 1, 2007. Retiring members must be in good standing on date of retirement in order to continue their membership in the Fund. Dues shall be collected in accordance with instructions and rosters that will be forwarded to all units. Dues are due at the Surgical Assistance Desk, 9 MetroTech Center, Rm. 5E-40-K, no later than January 31, 2007.

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26. Medicare Part D re: Prescription Drug Coverage
Medicare prescription drug coverage, also known as Medicare Part D, became available in 2006 to individuals who are eligible for Medicare. The UFA mailed a letter last fall to all active and retired member residences which explains the impact that Medicare coverage may have on your prescription drug coverage through either the UFA SBF or Retired SBF. Eligible UFA members have the option to use either Medicare Part D or the UFA SBF drug plans. The UFA is pleased to advise that our SBF drug coverage is as good as or better than standard Medicare Part D coverage.


27. 2007 MDA Week Packages Distributed
The UFA-UFOA Muscular Dystrophy Week runs from January 28th thru February 3rd. This "$1 a Man per Meal" was created by our members as a way to help those who are suffering from Muscular Dystrophy, some of whom are children of our fellow firefighters. Each Delegate was provided with a package at the January Union Meeting. At the end of the MDA week, Delegates are asked to send a check made out to MDA in the return envelope that is in your package. Send to: MDA, PO Box 3178, Grand Central Station, New York, NY 10163. Thank you for your support!

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28. LOD Death Family Parking Placards
Once again, as a special courtesy to our Line-of-Duty Death family members, 2006 Survivor of the Shield courtesy placards were mailed in December to all LODD Families. Any Delegate who becomes aware of a LODD family member who did not receive one, please contact Denise Keeley in the Recording Secretary's office.

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29. Cancer Benefit Event for UFA Employee
Long time UFA employee Brian McCauley has been stricken with a recent bout of cancer. A fundraiser is being held to help alleviate costs. Saturday, February 10th from 1-4pm. $50.00 per person. Open bar, buffet, raffles, 50/50. Cannon's Blackthorn Pub, 49 North Village Ave, Rockville Centre, NY. 516-594-1222. Walking distance to LIRR. For info bobobenefit@optonline.net or 516-546-7850. Checks payable to: Brian McCauley, 1705 Gianelli Ave, North Merrick, NY 11566.

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30. World Police & Fire Games Uniform Order Form
The Games take place in Adelaide, Australia this year March 16 thru 25. See 65-2 #4 for the WPFG Uniform Order Form, which can be downloaded from the UFA web site. TEAM ORDERS: Teams need to have their coaches submit a batch uniform order for the entire team at one time. Members who are not on teams need to order uniforms by using the order form. DEADLINE: The form must be received no later than JANUARY 26, 2007. ORDERING: To reserve your uniform, please fill in information requested on the form and return via fax to Ed Brown, Bronx Trustee, or Ann Elizabeth at: 212-683-0690. Uniform cost and pick-up date information will be forthcoming.

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31. Annual FDNY Ski RACES
On Tuesday, January 30, 2007, the 34th Annual FDNY Ski Races will be held at Hunter Mountain, NY. The proceeds will be donated to the NY Firefighters Burn Center Foundation. In addition, there will be a plaque dedication honoring the memory of Lt Howard Carpluk and FF Michael Reilly. There is a discount available only for teams that pre-register. Send registration forms ASAP. Additional information can be obtained from www.huntermtn.com or contact Joseph Jove at 518-263-4023.

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32. Bravest Football Club Annual Ukranian Hall Party
Friday, February 16th at The Ukranian National Hall, 140 Second Ave, NY, NY (between E 9th and St. Mark's Place - The East Village). Music provided by the band Souled Out and Get Down Sounds DJ Tony Pico. Refreshments provided.

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33. Basketball FDNY vs. NYPD
Friday, February 23rd at 7:30pm at St. Francis DeSales, 129-16 Rockaway Beach Blvd, Rockaway, Queens. Halftime "Hoop Wizard" Jack Ryan. $10 donation for adults, children free. Includes free refreshments and hot dogs.

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34. N.Y. Sports Club $39/Month Memberships for FDNY!
FDNY "GET FIT" PROGRAM: The FDNY Health & Fitness Unit and New York Sports Club have a great membership offer for FDNY members and their spouses or life partners. The regular Passport Membership is over $70.00 per month and entitles you to use any of the over 100 clubs throughout the NYC area. This special offer is $39.00 per month, with a one time processing fee of $49.00. The processing/conversion fee is only $39 for FFs who are already NYSC members if their initial year commitment has passed. This offer is only available by phone. For info call the NYSC at 1-800-611-9833, ask for Kristen..

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35. Bally Total Fitness Exclusive Offer
Bally Total Fitness is offering a discounted membership. Join for $75 down and $39 a month for 12 months as part of this exclusive offer available only to City of New York Employees. There are more than 40 locations in the New York/Northern New Jersey area. Call 1-800-FITNESS or visit www.ballyfitness.com for the club nearest you. Offer expires 1/31/07.

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36. Wanted: Funny Firefighters
If you think you can carry your firehouse kitchen humor onto a stage please contact Billy "Bingo" Denis (ret L126) at 631-764-3757 nycbillybingo@aol.com.

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Fraternally,

Stephen J. Cassidy
President

Joseph A. Miccio
Recording Secretary










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