65-2 #82 November 30, 2004

Union & Health Issues:

Events, Help, Fundraisers & Benefits


Special Delegate Meeting: Lack of Leadership in FDNY
A special Delegate Only Meeting to discuss and address the Lack of Leadership in the FDNY will take place on Tuesday, December 7th at 10am in Manhattan at the Grand Hyatt. If the Delegate cannot attend for some extremely important reason, insure that the Alternate or the next most knowledgeable / reliable member from your company attends. Meeting excusal time will be granted for Delegates.

Numbered 2005 Parking Placards will be distributed by Company to each Delegate prior to the meeting. Delegates are required to sign for them. Please arrive early enough to insure you receive your Company's placards.

No general membership meeting this month.

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Random Drug Testing
President Cassidy assailed Commissioner Scoppetta's lack of leadership and announced that he "isn't qualified to head the Department" in this week's chief and the general media. This is in response to his management of many issues, and in particular its random drug policy (see attached Media Clips Articles). The Department's policy was never agreed to by the UFA, which raised several procedural objections to the policy prior to its unilateral implementation. Despite the numerous 9-11 stress related problems our members face, which was predicted by leading mental health professionals, Commissioner Scoppetta ignored these recommendations and rejected our requests to use the results of this test as a means to help Firefighters who may have a dependency problem. We believe that treatment and a second chance are in the best interest of the Department, Firefighters and the public we serve. The UFA and Department have a special Labor-Management meeting scheduled on December 8th re this issue. The UFA also filed an Unfair Labor Practice last week against the Department for refusal to negotiate with the UFA regarding certain critical issues with the program.

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PERB Mediation & the UFA Contract
On November 24, 2004, we had our 4th meeting with PERB Mediator Phil Maier. The City repeated its (DC37) pattern conforming offers which were rejected by the UFA. At the recommendation of the Mediator, the UFA is leaving all of our options open while the PBA continues its arbitration process through December. The next scheduled UFA meeting with the PERB Mediator is January 14th. This does not preclude the UFA from additional communications with the Mediator between now and then if warranted. We are continuing our preparation for arbitration through PERB.

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Involuntary LOD Medical Leave Lifts
The Federal Law Suit is still pending and the Department has just published another lift list for December as a result. The UFA will not back down on this issue and maintains that the medical leave related details are unconstitutional. Leeds, Morelli & Brown, P.C., which is handling our case, requested a conference with the judge regarding the additional lifted members and to request an expedited decision due to the Department's continuation of involuntary lifts. µNOTE: The last major success the UFA achieved through a Federal Lawsuit in the mid 90s (which took over 2 years to resolve) resulted in a settlement with the Department that forever barred the Department from holding members prisoners in their own homes while on authorized medical leave under most circumstances. This also mandated the creation of the SMLP program which replaced the more draconian PLMA policy.

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New Apparatus Response Policy
On November 18, 2004 the Department modified Chapter 11 of its Regulations regarding fire and emergency operations response policy, specifically as follows: “When responding to an alarm, drivers may proceed past a steady red signal, a flashing red signal or stop sign, but only after slowing down as may be necessary for safe operation. The foregoing provision shall not relieve the driver from the duty to drive with due regard for the safety of all persons, nor shall this protect the driver from the consequences of reckless disregard for the safety of others.”

As a result of a chauffeur's involvement in an accident which resulted in disciplinary charges brought against him, the UFA continues to remind all chauffeurs of the liability they may face if in an accident. We have urged you to operate cautiously, follow department regulations and specifically not to go through red lights, stop signs, down one way streets, etc. unless specifically directed to do so by a company officer. While this change suggests that chauffeurs "may" proceed through a red light, etc., our lawyers advise us that it does not alleviate you from possible disciplinary sanctions or liability if the department subjectively determines that you did not drive safely. We therefore, continue to urge all chauffeurs to drive responsibly, so as not to jeopardize the safety of your company, the public nor the security of your families. This includes stopping at any stop sign, red light or intersection unless you are absolutely certain it is safe to proceed. If you are directed otherwise by a company officer, immediately make a notation in the company log.

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Detailing Off the Chart for Training
Pursuant to an arbitrator's award last spring, the Department may not assign members off the workchart for training. This award has been confirmed in court. The UFA has been informed that members are still being assigned off the chart for a few days at a time for training purposes. If so, the Department is acting in violation of the award and in contempt of court. Members receiving these orders are entitled to OT for the hours they are assigned outside of their group's work schedule--in addition to your normal salary.

For example: Your group was scheduled to work a 6x9 tour. You are ordered to train at the academy on that day, and not assigned to work that 6x9 tour. Have your officer to give you an OT TPR mark for the time you worked at the academy that does not overlap your normal group's schedule (You are only entitled to OT for the time you work that does not overlap your group's schedule). In addition, you are still entitled to straight time payment for your normally scheduled hours even though you did not work them as a result of the Department ordering you to training off the chart. Members are asked to immediately fax to UFA Recording Secretary Joe Miccio (212-683-4359 or 212-683-0710) any orders to work off the chart without the assignment of OT or OT denials for the same. This will assist the UFA in filing its Contempt of Court Case against the Department.

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RSOT Denials
Members are reminded that normally scheduled or officially approved RSOT dates cannot be rescheduled by the Department without your consent. Contact the Trustee of the Day if this occurs.

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2004 UFA Parking Placards: Important Info!
Due to the increased number of law enforcement incidents in prior years involving counterfeit UFA placards and unauthorized persons acquiring legitimate placards, the new security features introduced last year will be continued in 2005. This will help insure OUR vehicles are afforded every legal courtesy by law enforcement and traffic agents in respecting firefighter vehicle parking privileges near quarters. Each placard is embossed with a reflective gold foil UFA logo, which makes it impossible to reproduce with color printers or copiers. Each 2004 placard also has a unique permit number. Any use by unauthorized persons can be traced back to the original person it was issued to for law enforcement verification. Parking placards will be distributed at the 12/7 Delegate Meeting to each Company Delegate, two per company member. Delegates must sign for the package. A company member list is provided with each placard package. After assigning placards to company members, Delegates should fax their company member placard assignment list to the UFA Recording Secretary's office, Attn: Joe Miccio, at 212-683-4359 (or 212-683-0710 if line busy).

• The only way to get a Placard is through your Company Delegate. Delegates should contact their Borough Trustee, not the Recording Secretary, if additional placards for members are needed.

• Members assigned to details must contact the Delegate of their permanently assigned company to receive placards, as they have been accounted for that way.

• Battalion Aids should contact the Company Delegate in your house for placards.

• Fire Marshal Placards are distributed by the Fire Marshal Representative, Lester Layne.

• Delegates must return the provided company member list to the UFA Recording Secretary's office no later than 12/31/03, noting the placard permit # given to each member. Also, please keep a copy for your records.

• If your placard is lost or stolen, insure you file a complaint report with the PD. This is required before a replacement placard is issued.

UFA Placards are for UFA membership use only! Use of UFA parking placards by unauthorized persons only diminishes the respect given to each member's vehicle when parked near FDNY facilities for official purposes. Non-firefighters with UFA Placards have been arrested for impersonating a firefighter. What you may perceive as a friendly gesture, may be viewed by a police officer as illegal. So when approached by non-firefighters you should simply explain the consequences of false impersonation.

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FD and EMS Joint Facilities
On Wednesday, November 3 the first joint FD-EMS facility opened which now houses Engine 265, Ladder 121, Battalion 47 and EMS. Queens Trustee Steve Humenesky and Recording Secretary Joe Miccio continue to be in communication with members of these companies regarding any ongoing issues that need to be addressed. Chief of Department Peter Hayden informed President Cassidy that there are no other plans for new joint facilities. The Rossville, SI and Rockaway, Queens facilities were designed and approved during the Von Essen administration. The December Firelines issue will post more expansive articles regarding the issue.

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Refund of Military Time Union Dues
The UFA Executive Board has approved a refund of all UFA dues money that was paid by members who served active duty since 9-11 during the time they actually served. The refund distribution date will be announced.


New FDNY Pension Manuals
As per DO #71, New FDNY Pension Manuals for the Fire Department Pension Fund, Subchapter II, have been distributed to Divisions for distribution to units, one for each member. Contact your officer if you do not receive one. This book is an extremely informative info source from the Department regarding many questions you may have regarding pensions and retirement.

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IAFF Services to the UFA
Besides the IAFF's assistance to our members and families after 9-11, it provides the UFA and membership with various important services. The following info is provided in response to membership inquiry. In order to assist the UFA in its negotiations with the City, the IAFF has created various valuable scales through its studies of paid fire departments across the US, and in particular, big cities. This includes Economic Wage Exhibits for 1, 6, 11, 15 and 20 year FFs; Specialization Wage Exhibits (hazardous duty pay, etc.); Staffing Level Exhibits; Demographic Exhibits based on population density, housing density and total fire runs; LOD Death and Injury Exhibits; Municipal Financial Analysis; and Full GIS Assessment and Planning - Fire Station Closure Defense. It also Lobbied in DC to successfully increase federal expenditures to $250k per LOD Death family and assisted our Widow and Family Groups in getting started. The IAFF has also lobbied in DC to improve safety, financial assistance and legislation for NYC firefighters for hazmat, the SAFER Bill, Homeland Security, the Fire Act, the WTC Air Quality Investigation and also with the IRS decision allowing equal distribution of funds. Its personnel have always remained available to the UFA on a moment's notice. Additional info about IAFF assistance can be found in the UFA Delegate Manual UFA & Union Chapter.

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UFA Scholarship Fund Awarded 414K Grant
UFA Scholarship Fund Director Ed Burke announced that the fund has received a grant for $414,923.00 from The New York Community Trust—Alliance—Bernstein Uniformed Officers Education Fund. Burke stated, “We applied for this grant one year ago and are delighted that they chose us to receive it.” The UFA Scholarship Fund established in 2001 has, in 3 years, awarded more than $850,000 to over 1500 of our UFA families.

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Community Mayors: Operation Santa Clause
Help Needed! The Annual Community Mayors Christmas Party is on Wednesday, December 8th at Delta Air Lines Shuttle Terminal at the Port Authority Hanger #19 at JFK Airport. Volunteers are needed that day to assist our handicapped children. The event begins at 8:00AM and ends at 1:00PM. Directions to avoid bus traffic: Enter airport from Van Wyck Expressway Southbound: Exit Federal Circle - bear right onto Bergen Road @ Amoco Station - left onto 130 Place and right onto West Hanger Road - follow signs to Hanger #19. If parking is limited, members can park at Building 208 & 213, buses will take you to Hanger #19. For further info, call 917-757-6022.

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NY's Bravest Football Tryouts
Mandatory meeting at the Rock, January 12th, 7pm. Tryouts begin January 18, 20, 25 & 27 at Jamaica HS in Queens. For info contact Mike Stackpole, Squad 1: cell 516-659-0333, work 718-965-8269, group 12.

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Widow's & Children Ski Trip
Friday, January 28th at Sterling Forest, Tuxedo NY. For the widows and children of FDNY's Bravest. Hosted by Engine 53/Ladder 43. We are asking the brothers in each firehouse to make the effort and contact any family they think might need assistance to attend this sure to be fun day out for the children. Whether it be transportation, or helping out with the children that day, all hands are appreciated to ensure that our widows and children have a memorable day. For any information or if you would like to volunteer to ski with the children that day, call Dave Rowan Ladder 43 or Louis Giaconelli Engine 53 at 212-570-4253. *** Sterling Forest offers half-price lift tickets and rentals for firemen Monday - Friday upon presentation of Fire Department identification.

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Raffle for UFA Scholarship Fund
A raffle is being held for a 2004 Harley-Davidson Fatboy Motorcycle. All proceeds go to the UFA Scholarship Fund. Only 500 tickets to be sold at $100 each. For information and tickets, call Ed Burke (212) 545-6970 or see one of the following UFA Scholarship Fund Committee members: Joe O'Brien (E-91), Bill Romaka (E-238), John DeBenedittis (E-289), Tom Martin (E-60), or Larry Sullivan (Rescue 5).

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Free Weekend Marriage Conferences for FDNY Members
Family Life, the nationally known leader in marriage conferences, offers again this Winter, an opportunity for all FDNY members to attend a free marriage conference. It offers you an opportunity to improve communication, inspire commitment and increase closeness in your marriage. Topics include: Threats to great marriage, Purpose for marriage, Effective communication, Conflict resolution, Marriage roles, Parental responsibility, Developing a satisfying sex life, Modeling a healthy relationship for your children. Feedback from members and spouses who have attended has been excellent. Come for a weekend away where you and your spouse can totally focus on each other, and on building a strong family and a lasting, loving marriage. FamilyLife covers cost of hotel and conference registration. Hurry and make your reservation before its too late! For information, available dates and to register for one of these conferences contact Battalion Chief Tom Byrne, Union FD (NJ) at 908-233-8675 or 908-482-9470 (cell).

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Fraternally,

Stephen J. Cassidy
President

Joseph A. Miccio
Recording Secretary











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