Recording Secretary Joe Miccio reports some significant grievance victories during 2004. The UFA has fought an unprecedented number of cases to combat the Department's continued and flagrant violations of our members' rights. The following list notes case victories and also notes many of ongoing cases.
• Grievance Win: Involuntarily Detailing Members off the Chart for Training
The Department may no longer detail members off the chart for training purposes without first negotiating the issue with the UFA - which it has not yet done. This Award was confirmed in court, and the Department is now in contempt of court. The UFA has recently filed charges against the Department to cease and desist this practice.
• Labor-Management Win:
Night Shift Pay Win for Probationary Former NYPD Member
The following result was achieved through Labor Management sessions by reinterpretation of the NYC Administrative Code Section 15-111(a)(1): The FDNY will now credit time served by FFs who previously served as members of NYPD in determining FF nightshift differential pay. Service must be immediately prior to appointment as FF. These terms have already been applied to FFs who were in the 7/28/02, 2/2/03 and 5/4/03 probationary FF classes (statutes of limitations appear to prohibit going any further back), and is being applied for all classes going forward-forever. As a result, former NYPD members earn an extra $1300 in their first year, and up to a total of $2500 extra during their first five years, depending on the number of years previously served.
• Grievance Win: Fire Marshals Working as FFs w/o RSOT
Arbitrator Maurice Benewitz has ruled that Fire Marshals who are assigned to firefighting duties in the future will now be entitled to RSOT. The Award reads as follows: "The Fire Dept did violate AUC 287 by not offering Fire Marshals detailed back to the firehouse to perform firefighting duties the opportunity to work RSOT."
• Grievance Win: Medical Leave Lifts Challenge to Arbitrability
In addition to the UFA Federal Law Suit challenging the constitutionality of the Department involuntarily lifting members due to authorized LOD medical leave, the UFA also filed a grievance with Office of Collective Bargaining (OCB) to arbitrate different aspects of the same issue. The Department, which maintained that cases which are pursued through the courts may not also be adjudicated via grievance, challenged our right to arbitrate the case through the grievance procedure (and lost). The Department then challenged the decision. A ruling is expected in the near future. NOTE: Members who were lifted after the Federal Suit was filed will be meeting at the UFA on December 14th at 10am with the attorneys handling the case to provide additional info and to have any questions answered. Previously lifted members who were not yet returned may attend.
• Grievance Win: Right to Bargain re Compensation for Additional Work
This improper practice grievance successfully challenged the Department's refusal to provide the UFA with detailed descriptions and documentation of its training course agenda so the additional workload may be evaluated for the purposes of compensation. The significance of this ruling is that it changed precedence by mandating that the Department must now provide us specifics on training and the issues of performing extra work, which as a result, are now open for negotiation.
• Open Grievance Cases:
Heat Index & AFID 10-51, Random Drug Testing policy detailing members off the workchart while on light duty, 5th grade probie medicals w/o compensation, reduction of certain 5 FF companies to staff hazmat support companies, Contempt of Court re training at the Rock, Improper Practice for removal of access card privileges to HQ by Board Member, Raid at E53/L43, Involuntary Transfer of all Members from Tottenville FH, Improper Practice against Mayor Bloomberg for hostile comments in violation of Labor Laws in an attempts to influence elections union elected officials, MMOT Detailing outside of assigned company.
