WWW.UFANYC.ORG
OFFICIAL PUBLICATION OF THE
UNIFORMED FIREFIGHTERS ASSOCIATION OF GREATER NEW YORK
VOL. XLIX NO. 1/2, 2013
On Wednesday, September 11th, 2012, at the Firemen’s Monument on Riverside Drive and 100th Street, members of B-18, E-45/L-58, E-48/L-56, E-88/L-38 hosted the 12th annual 9-11 memorial service for all those lost in the terrorist attacks on the World Trade Center.
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President’s Message by Stephen J. Cassidy
or many of us we begin each day with a prayer for our brothers lost 9-11. On this 12th Anniversary we again assembled at the Fireman’s Memorial to remember their sacrifice and to “Never Forget.” Each year the toll continues to mount as 76 members of this great Department succumbed to 9-11 related illnesses post 9-11-01. On Saturday September 21, 2013, several Executive Board members and I attended the IAFF Fallen Firefighter Memorial service with family members in Boulder Colorado to honor our fallen members. Please keep them in your prayers. Every City employee is working with an expired contract. Teachers have been working without a contract for over four years. Over the last two years, the UFA has met with the Bloomberg Administration to no avail trying to negotiate a new contract. We look forward to sitting down
Photo Credit: Stephen N. Symbolik III
The Bravest
with the next Mayor and negotiating. If negotiating does not bring us a fair contract, we will exercise our right to go to PERB for Binding Arbitration. On July 10th LeRoy McGinnis and I traveled to IAFF headquarters in Washington, D.C. to make General President Schaitberger aware how displeased we are with impending Obamacare implementation. I strongly urged him and the AFL-CIO to confront the White House with how Obamacare will impact our members negatively. The AFL-CIO Convention ended September 13th and concluded with a resolution critical of Obamacare. The Resolution falls far short of what our members need to preserve our hard fought benefits. The UFA will continue to fight the Obama administration’s assault on our benefits. As it stands now, the Obamacare Excise Tax, Reinsurance Fee, and other fees will severely impact the Security Benefit Fund and our health benefits with unnecessary costs that will diminish our hard fought for benefits. The Municipal Labor Coalition (MLC) has been
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granted a Temporary Restraining Order (TRO) to stop City Hall from proceeding with an Request for Proposal (RFP) for new health care providers. The TRO is based on the City’s plan to unilaterally move forward with the RFP in violation of the “Agreement Relating to Procurement of Employee Health Benefit Contracts.” The RFP and the process taken by the Bloomberg Administration are deeply flawed. Hopefully the MLC will be successful in court and this issue can be taken up with next Mayor.
Photo Credit: Stephen N. Symbolik III
As always, stay safe!
The Art of Labor Law. Certilman Balin proudly represents the New York City Uniformed Firefighters Association and many other organizations in the metropolitan area. We have a solid track record in representing union members in their personal litigation and life plans. Call Paul Linzer or Jennifer Bentley at (516) 296-7000 to resolve your personal legal matters with confidence.
Proven attorneys. Powerful advocates. Nassau: 516.296.7000 | Suffolk: 631.979.3000 | Real Estate Real Property Tax Certiorari and Condemnation Condominium and Cooperative Land Use and Zoning/Environmental Law Corporate/Securities Commercial Lending Litigation Labor Relations and Employment Law Bankruptcy and Debtor/Creditor Rights Estate and Tax Planning/Probate Law and Estate Administration Elder Law Telecommunications Law Criminal Law www.certilmanbalin.com Certilman Balin Adler & Hyman, LLP
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Legislative Update
by James M. Slevin, Vice President
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Binding Arbitration Saved; Legacy Credits awaiting Governor’s Action
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he 2013 legislative session ended on a very positive note for the UFA. We had major victories with two pieces of key legislation. The Binding Arbitration Extender was signed thereby preserving our rights to go to PERB when a contract impasse has been reached. In addition, both houses passed the Legacy Credit bill and Governor Cuomo recently signed it into law. This bill was an important fix to an inequity in the previous law. We had numerous other bills pass both houses, some of which have already been signed by the Governor. These include the LOD Widows Cola and the Remove Firearms restrictions for retired law enforcement (Fire Marshals). The latter of which the UFA was successful in changing the requirement of time served as a Marshal from ten years to five years in order to keep firearms without the new SAFE Act restrictions in retirement. Binding Arbitration was threatened with a veto by the Governor. It has to be renewed every four years and the New York Conference of Mayors, Mayor Bloomberg and anti-union groups such as the Empire Center were arguing that it was one of the major causes of fiscal strain on municipalities. They wanted to make “ability to pay” the sole factor in deciding arbitration cases rather than one of the factors an arbitrator must consider. The UFA convinced the legislature and the Governor as to why PERB in its current form needed to be extended. Often a municipality will not bargain in good faith and binding arbitration is the only recourse available. Ultimately some changes were made for certain distressed municipalities outside of NYC but the existing provisions which allow NYC Firefighters and Police Officers to go to PERB remain intact. This was a tremendous victory for NYC Firefighters. Should we end up in contract impasse, we will still have the right to make our case to an independent arbitrator under the jurisdiction of PERB. The Legacy Credit bill came about when the UFA was contacted about an inequity which treated Children and Siblings differently when it came to awarding the additional 10 points on the entrance exam for Firefighter. When the original legacy credit bill was passed it only awarded points to children of Firefighters killed in the line of duty. After 9/11 the law was amended in 2002 to include “siblings who were killed as a result of the WTC attack.” At the time it was amended the WTC Death
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Benefit did not exist (It became law in 2006). Children of Firefighters were not eligible for the exam credit if their parent died as a result of a disease related to 9/11, since there was no presumptive death benefit law in place back in 2002. As soon as the UFA was made aware of this inequity we contacted Assemblyman Abbate and Senator Golden so that we could correct this problem. The UFA drafted the legislation and it was immediately sponsored by Assemblyman Abbate and Senator Golden. They quickly moved it through both houses and passed it before the end of session. The UFA lobbied the Governor’s office and the Governor himself making sure that they understood the purpose of the bill and why it was so important to sign. The bill was sent to the Governor for his approval on September 17th. We are happy to report that the bill was signed into law by the Governor on September 27th as Chapter 376 of the laws of 2013. This was an important piece of legislation. The UFA is grateful to Assemblyman Abbate, Senator Golden and Governor Cuomo for their help in getting it passed.
The following bills are a complete list of legislation that was supported by the UFA this legislative session that has been acted upon by the legislature:
Line Of Duty Widows COLA – 07-31-13 Signed by the Governor (Chap:196 ) Increases certain special accidental death benefits for surviving spouses and children of certain police and fire personnel. Binding Arbitration Extender - 06-24-13 Signed by the Governor (Chap:67 )
Legacy Credit WTC fix –credit for siblings and children equally – Signed by the Governor (Chap:376 ) WTC Bill Vesting Fix - Passed both houses
Remove Firearms restrictions for retired law enforcement (Fire Marshals) - 07-05-13 Signed by the Governor (Chap:98 ) Relates to interest rates for retirement system Assumption Rate 8% to 7% - 01-30-13 Signed by the Governor (Chap:3 )
NYC Deferred Compensation Structure – vetoed
Plan
Board
An updated list is available on the UFA website. The website has links to the actual legislation. By clicking on the bills you can read the bill text and also see up to date action on the bills. In the next issue of Fire Lines we will have an update on UFA political action and the elections. A full list of UFA endorsed candidates and results are available on the UFA website.
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Honor Fallen Colleagues. Share your September 11th story. Become a 9/11 Tribute Center Volunteer Guide at the 9/11 Memorial.
he 9/11 Tribute Center, co-founded in 2006 by Lee Ielpi, FDNY Rescue 2 (retired), is a museum located directly across from the World Trade Center that gives a first person history of the terror attacks on September 11, 2001 from those who lived through the tragedy. Tribute volunteers, all people who have been directly impacted by 9/11, are the official guides for the 9/11 Memorial. Our volunteer guides – first responders, survivors, family members, area residents and civilian volunteers - tell their stories about September 11th and connect visitors from across the country and around the world to the meaning of the Memorial, magnitude of the tragedy and the humanity of victims and survivors. Become a 9/11 Tribute Center volunteer guide at the 9/11 Memorial so that the public understands – and will never forget – that on September 11th, FDNY firefighters responded to an unprecedented attack with tremendous valor, compassion and patriotism. Marty McTigue, Battalion Chief (retired), Special Operations Command, FDNY, became a Tribute guide so the public would know about the uncommon rescue mentality of the FDNY. “Being FDNY, you recognize the danger, but you have an obligation to protect people....helping others is the underlying story of September 11th, and it’s the story that FDNY can tell.” Retired and active FDNY firefighters volunteer for Tribute to educate and to honor. Scott Shrimpe, firefighter (retired), Squad 41 FDNY, does tours and “shares memories of fallen brothers so people take them home and share those memories with others.” Bill Spade, Firefighter (retired) Rescue 5, FDNY,
has been a Tribute volunteer for over five years. During that time, he’s talked to hundreds of kids and school groups at the Tribute Center who knew nothing about 9/11. His story inspires kids to think about their values and to make a difference. Bill gets a lot back from volunteering as a Tribute Center guide. Joining the program and telling his story has been “healing and a saving grace” in his life. “There’s a brotherhood and sisterhood amongst the volunteers at the Tribute Center .... and the visitors who are so grateful that you are willing to share your story.” Like Bill, Richie Fuerch, Deputy Chief (retired), Division 1, FDNY has found great reward volunteering for Tribute. “I know a lot of names on that wall. It’s emotional leading tours, but it feels good to be honoring my colleagues this way.” Flexible time commitment for volunteering. For more information contact: Nancy Gamerman: 212-422-3520 x112 or Email: ngamerman@tributewtc.org
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Health & Safety Officer’s Report by Gerard Fitzgerald
Seatbelt Safety Exciting News! There is a life saving tool that can save lives… Amazingly, the first potential life or death decision that each firefighter faces actually occurs before the apparatus leaves the house. A seatbelt can save your life, but only if you use it. If you fasten your seatbelt every time that you get on your rig you could be saving your life, the lives of fellow firefighters who mimic your behavior, and the of the civilians that you are in transit to rescue. It only takes a few seconds to fasten your seatbelt but the domino affect of this action could save countless lives. In recent years the importance of fastening your seatbelt has been emphasized in firefighter safety and for good reason. Motor vehicle collisions are the second leading cause of firefighter line-of-duty fatalities. In the majority of these fatalities it was found that the firefighters were not wearing seatbelts. The new Ready Reach Seat Belt system has been retrofitted in
All Types of Personal Injury Cases
all apparatus. The new system is faster and easier to use. The strap extends making it more accommodating for bunker gear. The bright orange strap is easier to find. Please do not become a statistic. Firefighters see first hand the horrifying results of civilians not utilizing their seatbelts and still do not use them 100% of the time. You have too much to lose if your first priority is not a safe and proper response at all times. By fastening your seatbelt each time you get on the rig to leave the house you can significantly reduce your risk. Your safety needs to be a priority and firefighters can work together to reduce the risks that they face every day. Lead by example. It is the right thing to do for yourself, your fire department, your family and your community. Please respond with due caution at all times! The UFA Health and Safety office reminds you that although time is crucial, the goal is to arrive on the scene safely and return home the same. Being injured or killed in an accident on the way to a scene doesn’t help anyone.
You Protect us...We protect you
DEADLINE to file WTC claim with Victim Compensation Fund is October 3rd 2013
Line of Duty Accidents
WTC Related Illnesses
Auto Accidents
Slip & Falls
Construction Accidents
Medical Malpractice
Too many injured FFs seek legal advice AFTER their rights expire
Don t wait to call for FREE advice Free Wills & Health Care Proxies for Active FDNY Firefighters and Officers
Protect your family and call us for more information Over $500 million recovered from original WTC Victim Comp Fund
Call Mike Barasch 1-888-280-CD72 (2372) WWW.FIRELAW.COM
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UPDATED MEDICARE PART D BENEFIT PERAMETERS 2013
2014
Deductible
$100
$100
Initial Coverage Limit
$2,970
$2,850
Out-of-Pocket Threshold
$4,750
$4,550
Standard Benefit
Total Covered Part D Spend at Out-of-Pocket threshold for Non-Applicable beneficiaries (2) $6,733.75 Estimated Total Covered Part D Spending at Out-ofPocket Threshold for Applicable beneficiaries (3) Minimum Cost sharing in Catastrophic Coverage Portion
$6,455.00
$6,954.52
$6,690.77
Generic/Preferred Multi-Source Drug
$2.65
$2.55
Other
$6.60
$6.35
(L-R) Eddie Brown, Bronx Trustee; Steve Cassidy, UFA President; Patrick Bergin, E96; and Tom Kelly, L54. Bergin and Kelly presented a generous donation to the Elsasser Scholarship Fund. The group, FDNYMIA, has raised over $45,000 for the fund through the sale of MIA flags and decals. For more information and to order, contact Bobby Piser, L54 at FDNYMIA@aol.com
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Fire Marshal’s Report by Steven Tagliani
A Case of Mistaken Identity Following a number of calls and inquiries recently received from members asking what the Fire Marshal’s Benevolent Association (FMBA) is, I wish to address this matter. Members have come forward with concerns that this FMBA was claiming to represent their interests and that of all New York City Fire Marshals. Recent articles in numerous news outlets have portrayed the FMBA as the union that represents fire marshals. Several photos and press releases from candidates FMBA endorsed, did clearly say the group was the FDNY’s fire marshals union. To clarify, the FMBA is a fraternal organization and not a union.  Their membership is comprised of predominantly, if not entirely of retired members. A retired member is the president of the FMBA and the group is not affiliated by the UFA or its executive board in any regard.  Any endorsement the FMBA makes is their own opinion and not a representation of the UFA or our members. All active FDNY fire marshals are represented by the UFA, which is the only sanctioned bargaining agent for the marshals.  Also any political endorsements made by the UFA executive board are fully supported by me as the elected UFA Fire Marshals Representative.I do hope this clarifies the confusion and concerns expressed by individual members.
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The FDNY Bravest Boxing Team will take on the NYPD Fighting Finest in the 31st annual “Battle of the Badges� at Madison Square Garden on Friday, November 22nd. The Bravest lead the series in this always exciting event 15-14 with one tie. Each and every day, New York’s Finest enforces the law and protects the peace .New York’s Bravest fights fires and protects our safety. But on Friday, November 22nd nobody can protect them from each other! The Bravest Boxing team donates funds raised from this event to Building Homes for Heroes and other worthy charities. If your company is interested in supporting the FDNY team, a limited number of journal ads are still available. For additional information contact journal chairman Jimmy Guidice, E 94, at jg2582@yahoo.com. Tickets are now on sale and cost $30, $50 and $60 for VIP ringside. They can be purchased over the internet at THEGARDEN.COM OR TICKETMASTER.COM, in person at the MSG box office, or via the phone at 866-858-0008.For the very best seats available on the FDNY side of the house contact any team member or President Bobby McGuire at (917) 282-8727
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Uniformed Firefighters Association 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 ROBERT STRAUB Treasurer
LAD 7 ENG 45
JOHN G. KELLY, JR Trustee-Brooklyn ENG 201 Chairman, Board of Trustees
LEROY C. MCGINNIS Recording Secretary
ENG 266
GERARD FITZGERALD Health & Safety Officer Sergeant-at-Arms
ENG 318
EDWARD BROWN Trustee-Bronx
LAD 48
MATTHEW M. DESJARDIN Trustee-Queens ENG 325
ERIC BISCHOFF Trustee-Staten Island
ENG 161
VINCENT SPECIALE Trustee-Manhattan
STEVEN TAGLIANI Fire Marshal Representative
STEPHEN J. CASSIDY Editor-In-Chief
ENG 55
STEPHEN N. SYMBOLIK III Managing Editor
BFI
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