OFFICIAL PUBLICATION OF THE
VOL. XLIII NO. 4, 2007 would have been just one more day that our members would have been ordered not to inspect the Deutsche Bank building (a toxic, vacant high-rise building under demolition). The Commissioner’s flawed logic in responding to his dismal performance leading up to the August 18th fire is to shift the
President’s Message By STEPHEN J. CASSIDY
n behalf of the UFA Executive Board, I would like to wish you and your families the very best during the Holiday Season. As December comes to a close, it seems likely that we will top the 2005 record of 485,702 runs making 2007 the busiest year in FDNY history. The efficiency, dedication, and professionalism of NYC Firefighters are second to none in the world. It is perplexing why, against the backdrop of everincreasing workloads and training regimens, the leadership at Metro Tech is so out of touch with the rank-and-file Firefighters. The Department’s decision to add a third day of building inspection simply makes no sense. This new program would not have saved the lives of Robert Beddia and Joseph Graffagnino, who were tragically killed on August 18th. Instead, it
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blame from him and to continue overloading an already overburdened workforce. On December 12th the
PHOTO CREDIT: Adrienne Haywood-James
The
UNIFORMED FIREFIGHTERS ASSOCIATION OF GREATER NEW YORK
UFA, UFOA, and the Department testified before the City Council’s Fire and Criminal Justice Services Committee. UFA President Stephen J. Cassidy testiThe Department presented testi- fying before the New York City Counmony regarding what was for- cil on December 12th. merly known as Apparatus Field Firefighter knows that his response Inspection Duty (AFID), which times are negatively impacted will now be called the Building when he is required to stop an Inspection Safety Program (BISP). inspection, gather all members, Commissioner Scoppetta testified return to the apparatus, don all the that since the new BISP (3 days of necessary equipment, board the rig, building inspection) was instituted and then respond. Now that the in November 2007, response times Department has increased the numhave actually decreased when com- ber of units on building inspection pared with those of November by 50 percent, we know that the 2006. Of course, he provided no response times during those perisupporting data for these statistics. ods have to be negatively impacted. Commissioner Scoppetta He deliberately failed to compare the new November 2007 response testified that the Department does times of units on BISP (Monday have the ability to measure all through Friday 10am to 4pm), with response times and to compare those of units on AFID in 2006. them with each other. I requested Why? The answer is simple. Every (Continued on page 2)
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President’s Message (Continued from Page 1) that the City Council obtain from the Department all pertinent data to measure the response times during inspection periods for 2006 and 2007. The City of New York remains in a building boom, which will continue for quite some time. The UFA and the UFOA readily acknowledged the Department’s responsibility to manage its building inspection program. To that end, we proposed the establishment of a dedicated taskforce of Firefighters and Officers. Our program would ensure inspections of all major buildings and construction sites. All hazards and violations would be reported not only to the Department of Buildings, but also to the local fire companies. In closing, we should all remember and pray for our fallen Brothers and their families. As always, stay safe!
SOCIAL SECURITY DISABILITY GET BENEFITS NOW Free Consultation
Contact Stacey Guzman or Ken Larkin at
STANTON & GUZMAN, LLP 585 Stewart Avenue, Ste 410 Garden City, NY 11530 Phone: 516-222-0099 Fax : 516-222-0079
Stanton-
R E T I R E E I N F O M AT I O N by James Dahl, UFA Retiree Liaison Mon-Wed-Fri 9 am to 4 pm 212-683-4723 Ext 6577
Many retirees who are members of the Surgical Assistance Fund have called about the slow response to their surgical assistance claims. As a way of clarification, members should know that when they call me I am not able to assist them in determining if a claim was received or approved. All claims are handled solely by the Surgical Assistance Fund at FDNY Headquarters. This is the only Department that is able to handle your questions and it can be reached by calling: 718- 999-1252.
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Legislative Update
By JAMES SLEVIN UFA Vice President/ Legislative Chairman
The Importance of a CD-72 ne of the most important forms a Firefighter will fill out in his career is a CD-72. A poorly worded CD-72 can mean the difference between an accidental disability pension, which entitles a member to receive 75 percent of his wages tax free, and an ordinary disability pension, for which wages are taxed at the rate of 50 percent. Too often a member’s poorly worded CD-72 hurts his case at the pension board. Every member should know the correct wording to use on a CD-72 and which wording to never use. One of the most important things that members should know is that we are not doctors. We should never try to diagnose our own injuries. A seemingly minor contusion or bruise that one receives at a fire may turn out to be a fractured rib. Whenever a member is injured at work, he should be evaluated by a doctor and, if necessary, he should go to the emergency room and get proper diagnosis and treatment. Except in the case of a truly minor injury, a member should not complete a CD-72 form and take a mark for a minor. What
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you may think is a minor injury may actually become an injury that forces you to retire. For example, a minor neck injury may turn out to be an injured shoulder. For this reason, complete a CD-72 form for a minor injury using the same attention to detail that you would for a major injury. The New York State Court of Appeals has defined the term “accident” as a “sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact.” (Lichenstein v. Board of Trustees). In this case, the court ruled that the injury sustained by a police officer leaning over and placing a ticket on a windshield and straining his back did not result from an accident. In stating that “not every line of duty injury will result in an award of accident disability,” the Court of Appeals contrasted “injuries sustained while performing routine duties but not resulting from unexpected events,” which are not accidents, with injuries sustained by “precipitating event[s]…which [are] not a risk of the work performed,” which are accidents (McCambridge v. McGuire). In that case, the court ruled an injury an accident when an employee lost his balance and fell to the floor. The fall occurred when the person on which the employee was steadying himself moved suddenly. To put this in perspective, we will look at two different descriptions for the same accident: 1-Member injured neck and back while forcing door to
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the fire apartment. 2-While operating in limited visibility at second alarm box 1234, member was forcing door to fire apartment in full protective equipment including SCBA, when suddenly and unexpectedly the halligan slipped suddenly and unexpectedly out of the door jamb. This caused the member to fall to the ground, striking his head, neck, and back. The extent of the injuries resulting from this fall are not yet known. The first description merely states that the member was injured but does not describe the accident that occurred. The second description describes the member’s injuries and the nature of the accident. It leaves no doubt that the occurrence was an accident and not simply an incident. If you are ever in doubt about the description of an accident, speak with your delegate or, if he is unavailable, call the UFA. Because it is often your officer who fills out this form, make sure that you speak with him to ensure that the written description on your CD72 describes your accident accurately. If the description of your accident is not accurate, then don’t sign the CD-72. Make sure that you complete another CD-72 that contains an accurate written description of your accident.
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Booklets from the UFA Answer Your Questions by Joe Miccio, Recording Secretary
he UFA Delegate Manual is comprised of a series of booklets that explain various important topics. Individual booklets are free for all members. They are packed with lots of information to help you and your family, and are organized so you can easily find what you are looking for.
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Handy Firehouse Booklets Each booklet is individually published—on demand—from the UFA’s special (high tech-high volume) copy machines/printers. Our copiers save the UFA plenty of money on printing costs and quickly get professional looking booklets into your hands. Special software allows them to be published electronically from a desktop computer on one floor directly to the special printers down in the mailroom. This makes reprints and very small runs a snap. Many booklets have been distributed to Delegates for the firehouse kitchen and housewatch, or for you to take home. For example, in order to help members make informed health coverage choices during the rollover period this fall, the following booklets were distributed at the November Union Meeting: UFA Security Benefits Fund, Insurances & Free Help, and NYC Health Plans booklets. Some other titles available include: UFA Constitution; UFA & Union Operations (& IAFF); Firehouse & Field Operations; FF Laws & Definitions; Medical Office & BHS.
Easy Reference Table of Contents Each chapter has its own Table-of-Contents on the inside cover. It allows you—at a glance—to view the contents and sub-topics. You’ll easily find what you are looking for and flip right to that page. Also, wherever you see a phone icon , you’ll find the phone number, fax, Web site, email or mailing address in the back pages of each booklet.
Cross-References & Reference Icons Another easy feature is cross-referencing to other sections or booklets. If you are reading a section in the Delegate
booklet about Grievances, it will also refer you to the UFA Contract booklet. If you’re reading the “Problem Solving at the Medical Office” section of the Delegate booket it will refer you to the Medical Office & BHS booklet. If you are reading about dental care in the NYC Health Plans booklet, it will refer you to the UFA Security Benefits Fund Chapter. Each cross-reference informs you where more comprehensive information is. It also provides information sources, such as codes, laws, Department rules, or contract provisions, allowing you to be certain as to where the information comes from. Cross-Reference icons point you to these different sections or booklets. Urgency icons allow you to quickly focus in on very important or time sensitive matters, which could save you a lot of aggravation or money. The Forms icon lets you know a form is in the Forms booklet.
Thank You With your continued support, the UFA has made significant investments into improving, upgrading, and replacing its technological resources over the past 5 years. Maintaining current technology standards is necessary in order to better serve our membership’s growing needs. We’re confident you will find these booklets extremely useful in quickly finding the information you need. Additional booklets are being created or updated on a regular basis. Labor unions are only as effective as the information its members utilize. Make sure you and your family take advantage of all benefits and information the UFA has available to you. See your Delegate, who has a list of all available booklets in the his/her Delegate Manual (The series of booklets make up the chapters of the Manual). Your Delegate can request as many booklets as needed from the UFA Recording Secretary’s Office. See how many members in your company want booklets and put in the order! Also, as always, if you have any suggestions or recommendations, please let me know via e-mail at RecordingSecretary@UFANYC.org, ATTN: Joe Miccio.
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DO NOT SPEAK TO DOI INVESTIGATORS he New York City Department of Investigation (DOI) is a separate agency from the Fire Department; however, DOI has an Inspector General and John G. Kelly, Jr. staff assigned Brooklyn Trustee Chairman of the Board to matters involving Fire Department employees. DOI takes the position that it is not bound by the “Individual Rights� provisions of the Collective Bargaining Agreement between the UFA and the City. Thus, while questioning a Firefighter, DOI investigators generally do not
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advise him of his right to counsel or of his right to refuse to speak to the agency unless granted immunity from criminal prosecution. DOI insists that its representatives are, in effect, criminal investigators. Under the circumstances, and based on the instructions of our general counsel, we advise you that NO ONE should consent to be interviewed by a DOI representative unless he has counsel present. Just as you have no obligation to speak to the police, you have no obligation to speak to DOI. Do not allow DOI investigators to intimidate you into speaking with them. Similarly, do not allow them to lull you into a false sense of security by asserting that you are merely a witness and face no potential criminal
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or Departmental liability. Simply refuse to talk to them until you are provided with counsel. The UFA will have counsel available to you for such purposes.
Do you have a story idea for Fire Lines? Call Fire Lines at (212) 683-4832 Ext 6510
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2007 UFA WIDOWS’ & CHIL
PHOTO CREDITS: Stephen N. Symbolik III
On November 18th Mr. Ron Boire, Executive Vice President of Toys “R” Us, and his staff generously hosted the annual UFA Widows’ & Children’s Christmas Party at the main toy store in Times Square! This is the sixth consecutive year that Toys “R” Us has sponsored the event. The store was closed to the public from 8:00 am until noon so that more than 450 kids
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could have free run of the store. Toys “R” Us donated gift cards, and the UFA provided Toys “R” Us gift certificates to each family. The Thoys “R” Us band met the widows and children and played holiday carols through the morning. Breakfast buffets were stationed throughout the store. Santa arrived on Truck 343 at 10:00 am to the delight of the little
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LDREN’S CHRISTMAS PARTY
ones and proceeded to take kids up in the bucket of Ladder 35 for a better view of a festive Times Square. Again this year Yankee’s superstar Mariano Rivera strolled though the store talking to the kids and taking photos with his fans and admirers. This year families were also welcomed by Katherine Shindle, formerly Miss America 1998, and currently an original
principal cast member in the Broadway musical Legally Blond. UFA President Stephen J. Cassidy, together with John G. Kelly, Jr., UFA Widows’ & Children’s Christmas Party Chairman, the Executive Board, and staff wish to thank Toys “R” Us for once again making the holidays both memorable and special for our widows and children!
PHOTO CREDITS: Stephen N. Symbolik III
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Safe and Proper Building Inspection Responses
William Romaka Health & Safety Officer Sergeant-At-Arms
ever has there been a more appropriate time for the membership to focus on a safe and proper response. The increased demands placed on the membership tend to encourage Firefighters to take “shortcuts” to accomplish their duties. The Uniformed Firefighters Association wishes to remind the membership that, although our job is very important, the primary goal must be the safe return home of our members. To accomplish this vital goal, we should refocus on the risk/reward concept. When members are on Building Inspection, certain shortcuts can have catastrophic results. For this reason, we recommend that everyone concentrate on achieving a safe and proper response. To accomplish this, it is important to keep the lines of communication open. When members go into a building, time should be taken to ensure that radio contact is still maintained. With the continuation of all the reported radio problems, it is crucial that we do not overlook this step. This means that contact should be checked at regular intervals to make certain that it is maintained.
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When a call comes in, the chauffeur should ensure that he understands the nature of the call and function accordingly. Once the chauffeur has a complete understanding of the particulars of the run, he should notify the dispatcher that the company will be delayed because of the Building Inspection Safety Program (BISP) requirements. The chauffeur should then notify the remaining members of his company. These members should be careful not to dart out into traffic when returning to the apparatus. When arriving at the apparatus, it is important to put on all your proper personal protection equipment before proceeding. Because the company will be responding out of sequence, it is critical to take extra precautions to avoid any other unexpected Department apparatus responding from the field. Companies that are not on the BISP are reminded to drive safely at all times and to be aware of changing response patterns resulting from this increase in the BISP. Responses must remain normal, with an emphasis on safety at all times! In early December, a collision occurred in Baltimore between a fire truck and a SUV, killing three people. An article describing the accident highlights the litigious society in which we live when it states the following: “All fire and police vehicles responding to an emergency are required to use lights and sirens, and to stop at stop signs and traffic signals, officials said. If police
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investigators determine that the fire truck failed to stop at a signal, they would review the incident with the city state’s attorney’s office to determine whether criminal charges against the driver are appropriate, according to police officials.” This tragedy was the impetus for the NY Fire Department’s Chief of Safety, Assistant Chief Al Hay, to send out a memo that stated the following: “...Sometimes the most dangerous intersection for an emergency vehicle to cross is an empty one. If there is no cross traffic, be extra alert to a vehicle approaching the intersection at high speed. Don’t enter the intersection until you visually verify that all approaching vehicles are aware of your presence and are granting the right of way. Take the time to save time…” The following day, Decemth ber 11 , the daily safety message read – “If civilian drivers do not yield the right of way, then the chauffeur of an apparatus responding to an alarm does not have “the right of way” even if the company is responding to a structural fire with siren and air horn sounding.” The message can not be any clearer. Chauffeurs have too much to lose if their first priority is not a safe and proper response at all times!
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FDNY BRAVEST BOXING TEAM n November 16th, with more than 2000 fans in Edward Brown Bronx Trustee attendance at the Aviator Sports and Recreation arena in Floyd Bennet Field, the FDNY Bravest Boxing Team shocked the NYPD Fighting Finest 53. The proceeds from this charity event went to the Thomas Elsasser fund, and a check for $2,500 was presented to the charity. An additional $2,500 was donated to “Little Philly” Mayer, a five-year-old boy suffering from Spinal Muscular Dystrophy. The NYPD won the first bout,
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with heavyweight PO Gregg Hamilton edging out Ladder Company 8’s John “Zorba the Freak” Soukas. In the second bout, which was in the 147-pound open division, “Fearless” Felipe Irazarry of Engine Company 66 upset the more experienced PO Russell Jung with a stunning second round TKO. These two experienced pugilists went at it in a re-match from last year’s show. This is the first time that Jung suffered defeat in this event. PO Juan Rodriquez decisioned FF Jack “Hurricane” Kirrane in the light heavyweight division. In the super heavyweight division, FF Matt “Little Irish” Burke of Ladder Company 32 demonstrated his deft hand speed and whipped PO Dan Burke to win a 5-0 decision over his 300-pound- plus opponent. With the score tied between the Firefighters and the Police Officers
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at two wins each, Keith “No Mercy” Moran of Ladder Company 166 battled with PO Justine Blot, which culminated in PO Blot getting a disputed 3-2 decision in this three-round heavyweight fight. In another heavyweight contest, DJ Martin of Ladder Company 27 pummeled a formidable Tom Miserandino of the 60th Precinct. DJ threw sharp combinations and time and again snapped Miserandino’s head back with jabs, short right hand punches, and left hooks. DJ Martin tied the score with a deserving 5-0 decision. Mike “The Bowery Bum” Reno of Engine Company 33 took on former Golden Glove Champion PO Hector “Radar” Lopez.
This 152-
pound bout was one of the most anticipated contests of the night. The match proved very exciting, as Reno and Lopez are both extremely skilled. Reno kept the pressure high on Lopez and ultimately stunned him with short right-hand punches and well-timed uppercuts.
After suffering several
standing eight- counts, Reno won by a unanimous decision. The Bravest Boxing Team pulled ahead of the NYPD when Kevin “The Gent (Killer)” Kirrane of Ladder Company 51 won a 3-2 decision over a frustrated Alex Anaya from PSA 2. Anaya was no match for Kirrane’s style and inside body shots. Interested in joining the FDNY Bravest Boxing Team? If so, contact head coach Bobby McGuire at 917282-8727. All experience levels are welcome.
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GONE BUT NOT FORGOTTEN
By Herb Eysser, UFA Staff Engine Company 244 was organized on December 9, 1895, at 2929 West 15th Street in Coney Island and was originally part of the old paid Brooklyn Fire Department. Over the years, Firefighters assigned to Coney Island had a heavy fire workload. Coney Island was the scene of major conflagrations, where fires jumped the streets driven by the high winds off the ocean. Despite a long history of dedication to duty, Engine Company 244 was disbanded on July 23, 1968. Gone but not forgotten! www.ufanyc.org
No. 4 2007
Fire Lines SECURITY BENEFIT FUND
OF THE UNIFORMED FIREFIGHTERS ASSOCIATION OF GREATER NEW YORK - LOCAL 94 I.A.F.F., AFL-CIO 204 EAST 23RD STREET, NEW YORK, NY 10010 TEL: (212) 683-4723 FAX: (212) 683-0693
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TRUSTEES:
RETIRED FIREFIGHTERS SECURITY BENEFIT FUND
STEPHEN J. CASSIDY Chairman ROBERT STRAUB Treasurer JAMES M. SLEVIN JOSEPH A. MICCIO WILLIAM ROMAKA JOHN G KELLY, JR. DONALD RULAND STEPHEN G. HUMENESKY EDWARD BROWN DANIEL MURPHY
OF THE UNIFORMED FIREFIGHTERS ASSOCIATION OF GREATER NEW YORK - LOCAL 94 I.A.F.F., AFL-CIO 204 EAST 23RD STREET, NEW YORK, NY 10010
TRUSTEES: STEPHEN J. CASSIDY Chairman ROBERT STRAUB Treasurer JAMES M. SLEVIN JOSEPH A. MICCIO WILLIAM ROMAKA JOHN G KELLY, JR. DONALD RULAND STEPHEN G. HUMENESKY EDWARD BROWN DANIEL MURPHY
TEL: (212) 683-4723 FAX: (212) 683-0693
To:
To:
All Participants
All Participants
From: Board of Trustees
From: Board of Trustees
Re:
Re:
Annual Membership Report
Annual Membership Report
In compliance with Directive 12, Employee Benefit Funds – Uniform Reporting and Auditing Requirements, issued by the Office of the Comptroller of the City of New York, set forth below is a report of the financial condition and operations of the Fund for the fiscal year ended June 30, 2006.
In compliance with Directive 12, Employee Benefit Funds – Uniform Reporting and Auditing Requirements, issued by the Office of the Comptroller of the City of New York, set forth below is a report of the financial condition and operations of the Fund for the fiscal year ended June 30, 2006.
The Security Benefit Fund of the Uniformed Firefighters Association provides prescription drug, dental, optical, hearing aid, surgical and obstetrical anesthesia, health screening, life insurance, supplemental health insurance, and certain widows’ benefits, to all eligible participants, which include firefighters, fire marshals, marine engineers, pilots, and uniformed wipers, pursuant to an Agreement and Declaration of Trust entered into between the Uniformed Firefighters Association of Greater New York, Local 94, I.A.F.F., AFL-CIO (the UFA) and the Trustees of the Fund. Such benefits are funded through employer contributions, which are established by collective bargaining agreements entered into between the UFA and the City of New York.
The Retired Firefighters Security Benefit Fund of the Uniformed Firefighters Association provides prescription drug, dental, optical, a surgical assistance program, hearing aid, life insurance, supplemental health insurance, and certain widows’ benefits to all eligible participants, which include retired firefighters, fire marshals, and uniformed wipers, pursuant to an Agreement and Declaration of Trust entered into between the Uniformed Firefighters Association of Greater New York, Local 94, I.A.F.F., AFL-CIO (the UFA) and the Trustees of the Fund. Such benefits are funded through employer contributions, which are established by collective bargaining agreements entered into between the UFA and the City of New York.
The value of Fund assets, after subtracting liabilities of the Fund, was $33,205,161 as of June 30, 2006, compared to $31,386,558 as of July 1, 2005. During the fiscal year the Fund experienced an increase in its net assets available for benefits of $1,818,603. Additions to the Fund totaled $16,402,427. These additions included investment income of $778,569, contributions of $15,299,847, and other income of $324,011.
The value of Fund assets, after subtracting liabilities of the Fund, was $8,439,711 as of June 30, 2006, compared to $6,787,670 as of July 1, 2005. During the fiscal year the Fund experienced an increase in its net assets available for benefits of $1,652,041. Additions to the Fund totaled $17,746,742. These additions included investment income of $139,242, contributions of $16,789,264, and other income of $818,236.
Deductions from the Fund totaled $14,583,824. These deductions included benefits paid to or for participants of $13,911,065 and administrative expenses of $672,759.
Deductions from the Fund totaled $16,094,701. These deductions included benefits paid to or for participants of $15,636,341 and administrative expenses of $458,360.
For additional information write or call:
For additional information write or call:
Board of Trustees Security Benefit Fund of the Uniformed Firefighters Association 204 East 23rd Street New York, NY 10010 (212) 683-4723
Board of Trustees Retired Firefighters Security Benefit Fund of the Uniformed Firefighters Association 204 East 23rd Street New York, NY 10010 (212) 683-4723
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Uniformed Firefighters Association Of Greater New York 204 EAST 23rd STREET, NEW YORK, N.Y. 10010-9998 Tel (212) 683-4832 • Fax (212) 683-0710 www.ufanyc.org
STEPHEN J. CASSIDY President ENG 236 JAMES M. SLEVIN Vice President
LAD 7
JOSEPH MICCIO Recording Secretary
ENG 295
ROBERT STRAUB Treasurer
ENG 45
WILLIAM ROMAKA Health & Safety Officer Sergeant-at-Arms
ENG 238
LESTER LAYNE Fire Marshal Representative
STEPHEN J. CASSIDY Editor-In-Chief
BF1
DONALD RULAND Trustee-Staten Island
ENG 157
JOHN G. KELLY, JR Trustee-Brooklyn ENG 201 Chairman, Board of Trustees STEPHEN G. HUMENESKY Trustee-Queens ENG 301 DANIEL MURPHY Trustee-Manhattan
ENG 74
EDWARD BROWN Trustee-Bronx
LAD 48
STEPHEN N. SYMBOLIK III Managing Editor
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