Union Issues:

• Medal Day Calendar Correction
  
• PERB Award & UFA Contract Negotiations
  
• Special 10-51 Issue 65-2 Published
• Grievance Award Throws Out Drug Tests at E53/L43
• OATH Judge: Chauffeur Drug Test Unjustified
• 4-FF Engine Grievance Goes Forward
• Probie 5th Grade Medicals OT Issue
• Medical Leave Lift Returns
• UFA Wins Passage of WTC Bill
• New Board Members Take Office August 1st
• PICA Drugs: Psychotropic, Injectable, Chemotherapy, Asthma
  
  Events, Help, Fundraisers & Benefits:

• Engledrum Benefit Ceremony & Rugby Game vs. NYPD
• FamilyLife Marriage Conference - Free Weekend
• New FDNY Surf Club
• 4th Annual Father Mychal Judge Walk of Remembrance
  
• Family Fun & Wellness Picnic at Cantiague Park
• Acupuncture Therapy

Medal Day Calendar Correction

FDNY Memorial Day is on Wednesday, October 12th, not October 5th. Please insure that all members adjust your calendars accordingly.

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PERB Award & UFA Contract Negotiations

President Cassidy reports that on Monday, July 18, the UFA met with the City in a PERB Mediation session. UFA actuaries will be meeting with City representatives prior to the next session with the objective of establishing "attributable values" to base further negotiations on. The next PERB mediation session is scheduled to take place on August 12th. These issues will be also be discussed in more detail with Battalion Delegates during the Battalion Advisory Committee meeting which will take place on July 26th at the UFA. See the attachment, which is a copy of the PBA PERB Award.

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Special 10-51 Issue 65-2 Published

The 10-51 Signal is frequently not called when conditions dictate it should be called. If conditions warrant a Signal 10-51, in accordance with Fire Prevention Manual Ch 3, addendums 2 & 3, your Officer is responsible to call the Battalion or Division (if Battalion is unavailable). The Division is supposed to ask the Borough Commander to call the 10-51. Some officers have been avoiding their responsibility of making notifications through the chain-of-command as required. Or, if your officer has difficulty getting his superiors to make notifications or call the signal, he/she needs to call the UFOA, not the UFA, as they sometimes do. See Special 10-51 Issue 65-2 #56 Fax (Post in your Housewatch!), which is attached and was also faxed and emailed to all Delegates and Firehouses on July 22nd. It has a complete chart and simple instructions for members to easily determine if a 10-51 is warranted.

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Grievance Award Throws Out Drug Tests at E-53/L-43

Recording Secretary Joe Miccio and UFA Labor Attorney Mike Axelrod report that a recent award by an arbitrator found that the Dept was not justified in its 'raid' (raids are not the same as Random Drug Tests) at the quarters of Engine 53/Ladder 43 and violated existing procedures after subjecting members of the companies to drug and alcohol tests. The award further stated that all results of the tests conducted at quarters are to be destroyed and removed from personnel files. In addition, any mention of the raid may not be used in any disciplinary procedure against any firefighter. It is clear that the Dept acted improperly in this matter and continues to act improperly when it comes to best interest of our members, The Executive Board will continue to pressure the Dept and scrutinize its actions whenever such an instance may occur.

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OATH Judge: Chauffeur Drug Test Unjustifiedr

Administrative Judge Kara Miller ruled a NYC FF should not have been drug-tested or disciplined for testing positive after the Feb. 21, 2004 crash because the smash-up didn't qualify as a "major accident" - the Department's requirement for drug testing after an accident. Safety Bulletin 56 of 6/26/98 states that a driver involved in a "major accident" shall be tested for drugs and/or alcohol. It defines "major accident" as one "that results in either significant damage to the Department or civilian vehicle, or to private property" or "results in serious injury or death to a civilian or member". Commissioner Scoppetta said that while he believes the crash wasn't a minor one (the judge disagrees) — parked cars were damaged and two civilians and several firefighters were hurt — Miller's decision "is still under review”. NOTE: OATH decisions are technically not binding; however, UFA Counsel Mike Block notes that it is much more difficult for the FDNY to win in Court if the OATH judge ruled for the firefighter.

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4-FF Engine Grievance Goes Forward

Recording Secretary Joe Miccio and UFA Labor Attorney Mike Axelrod report that a challenge by the Department to curb a grievance brought by the UFA re the unsafe practice of sending Engines and Trucks out on runs with less than 4 firefighters has been rejected by the Board of Collective Bargaining. As a result the UFA will now conduct an evidentiary hearing and subpoena top Department officials regarding this unsafe procedure. The top concern of this Union will always be the safety of our members and the public.

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Probie 5th Grade Medicals OT Issue

Recording Secretary Joe Miccio and UFA Labor Attorney Mike Axelrod report: the arbitrator ruled against a grievance brought by the UFA to pay OT to 5th grade FFs reporting to their 5th Grade Medical. The ruling was based on an existing arbitration ruling set twenty-five years earlier. However, in the current case, the arbitrator rejected the City's contention that the ordering of FFs to report for medicals "does not constitute work", but noted that he would not overturn the existing ruling. He stated that members reporting for physicals are ordered to by the Department and have no choice but to comply. The arbitrator also stated that the Department's view that members arriving for their annual medicals does not constitute as working time is "without merit." This ruling may provide the UFA with justification to follow up with other possible actions to alter this policy.

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Medical Leave Lift Returns

Effective June 16th, the Dept returned 16 members to their original companies, leaving 27 firefighters remaining still unreturned. No new members were lifted due to medical leave issues. The UFA grievance on this matter continues to go forward, as the Dept lost its challenges to the UFA's right to arbitrate this issue. Lifted members with any questions can directly contact UFA Recording Secretary Joe Miccio.

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UFA Wins Passage of WTC Bill

UFA V.P, Jim Slevin reports: Governor Pataki, with members of the UFA at his side, signed the World Trade Center Presumptive Disease Bill into law in June. It allows Firefighters who responded during WTC recovery operations to qualify for a three-quarters disability pension. Passage of the bill was a key legislative aim of the UFA, which lobbied in the face of strong resistance from Mayor Bloomberg. The new law establishes a legal presumption that city workers became sick on the job if they responded to the Sept. 11 attacks and the ensuing cleanup operations for at least 40 hours, and who were later found to have diseases including cancer, respiratory illness and certain skin ailments. Those members who have already retired may seek to seek reclassification for a disability benefit under the law's provisions. The UFA is communicating with the NYC Law Department in its outlining of more specific details regarding this law and your rights. This info will be available shortly and published for the membership.