The Fire Lines - January 2009

The Bravest OFFICIAL PUBLICATION OF THEUNIFORMED FIREFIGHTERS ASSOCIATION OF GREATER NEW YORK

WWW.UFANYC.ORG VOL. XLV NO. 1, 2009

The April 9th Union Meeting has been rescheduled to Tuesday, April 21, 2009 at 10:00am at Terraceon the Park, in Flushing Meadows Park, Queens. The Executive Board recommends all members hired in the last2 years attend. Layoff issues, including family health coverage if layoffs should occur, will be discussed andaddressed.

The UFA has learned that the City intends to go forward with its previously announced plan to close 16firehouses. Engine 4, Ladder 53, Engine 161, and Engine 271, plus seven additional undisclosed companies willclose on July 1, 2009. Five more firehouses are slated to close on January 1, 2010.

In protest, on Friday, March 20th, the UFA, along with City Council Member James Vacca, (D-13 Bronx,Chair of the Committee on Fire and Criminal Justice Services), other City Council Members, unions and, and cit-izens from the four night closing districts rallied in front of City Hall prior to preliminary budget hearing onFDNY/EMS services.

To counter these proposed cuts and closings, the UFA will work with the targeted communities highlight-ing the dangers closings will present to firefighters and to the public. If this plan moves forward the effects uponthe safety of both firefighters and the public will be drastic. Response times will soar and the added workloadwill negatively impact all boroughs of the city. As I said to reporters in front of City Hall, and as I was quotedin The Chief, legislators and the Mayor are served notice: “If you close firehouses, you lose the support of theUFA, you absolutely will lose the support of all UFA members and every family member of every UFA memberthat lives in the City of New York.”

It’s paramount that neighborhoods and communities need to get involved. For example, on March 3rd,over 300 people turned out for a town hall meeting in South Beach in Staten Island to protest the night closing

The UFA was joined by former New York State Governor George Pataki in this year’s St. Patrick’s DayPHOTO CREDIT: Stephen N. Symbolik

(Continued on Page 2)

of Engine 161. City Councilman James Oddo (R-Mid-Island/Brooklyn), a staunch supporter of New York Cityfirefighters, told the crowd to contact City Hall and let leaders know that Engine 161 should not be closed. Again,I told the community to send a strong message this November: “If you close my company, you lose my vote.”

To magnify the issue, the UFA has also launched a print ad campaign targeted at city and state electedofficials focusing on the negative impact that a dramatic reduction of fire service will have on their constituents.The UFA Executive Board met with City Labor Commissioner James Hanley at the Office of Labor Relations onMarch 4th. As part of the discussions we requested budget information from the Department. A follow-up meet-ing is scheduled for March 31st. We intend to make several recommendations for alternative budget cuts otherthan field operations. Currently, the Department is approximately 350 firefighters over headcount. Closing addi-tional companies will push that number significantly higher making layoffs a possibility.

At the beginning of the year, I testified at budget hearings before the New York City Council. The UFAhas posted a video on these hearings on its Web site www.ufanyc.org. Members are encouraged to watchCommissioner Scoppetta who, for several hours, answers questions regarding budget cuts.

Some elected officials are using these tough economic times to attack the pension and health benefits offirefighters and other city employees. The picture that has been painted in the papers is filled with inaccuraciesand deliberately misleading information. For example, the Independent Budget Office said that instead of the$200 million in pension savings included in the Mayor’s budget, the actual figure would be $35 million. Ofmajor concern is the Mayor’s focus on New York pension tier changes that would increase the retirement age forfuture firefighters. Through a now multi-month misinformation campaign designed to demonize firefighters, theCity claims they are paying more for firefighter pensions than for salaries of current firefighters. The smear cam-paign against our firefighters is not even based on facts. Instead spin and half-truths are being spoon-fed to thepublic, editorial pages, and elected leaders. The current pension system for firefighters has always been a con-tributory pension and not merely a gift from a benevolent employer, as some bureaucrats like to imply. The cur-rent system benefits both the public and the city and is fair to firefighters. Any increase in pension costs werelargely due to the tragic deaths of 343 firefighters on 9/11 and the forced early retirement of many others becauseof health reasons tied to the aftermath of the terrorist attacks.

In response to this ongoing media assault on the FDNY pension system, the UFA ran a full-page adver-tisement in The Capitol to begin setting the record straight. This newspaper is widely circulated among electedofficials in both City and State governments. The purpose is to inform our elected officials and correct inaccu-rate media reports being fueled in large part by the Mayor in his run for reelection.

Be assured the UFA is doing everything possible to maintain your health and pension benefits to preventany significant changes. Fighting fires in New York City remains one of the most dangerous jobs in America.We have earned, and will continue to earn, every cent of our salary and benefits.

On a lighter note, I would like to thank all members who marched in the 248th annual St. Patrick’s DayParade in Manhattan. The UFA Executive Board and I were honored to have former New York State GovernorGeorge Pataki join us. Your representation in the parade reminds the public of the essential role firefighters playin the safety of the City.

As we navigate through these very difficult times, I encourage you to frequently go to the UFA Web sitefor updates and information that will affect you and your families. It’s important, as brothers, we remain unitedas we prepare to fight the Department and the City on their proposed draconian budget cuts.

As always, stay safe!

w w w . u f a n y c . o r g

Fire LinesNO. 1 2009

(President’s Message - Continued from page 1)

The Fight has Just Begun

As you are aware, the fight in Albany is tougher than ever. This year we are focusing on maintaining what wehave. Our Legislative priorities include the LOD Widows COLA and the extender legislation (Heart Bill,

Cancer Bill, ITHP and Tier II). Right now we have every indication that the legislature intends to pass them butwe will continue to lobby and push our agenda. With any of the extender legislation, all incumbent members willmaintain those benefits regardless of the legislator’s actions. The State Constitution protects those benefits.Only new hires would be affected if the extender legislation is not passed. We do not want to have different ben-efits for different members and we will aggressively push our agenda. We do have other bills that we have intro-duced in Albany, but it is unlikely they will be passed this year with the increased scrutiny of our benefits. Wewill keep you updated in regards to these items and new issues that arise.

Many members have asked what they can do to help out in the fight. The easiest is to contact your legis-lator and let them know how you feel about our issues. The UFA Political Action Section of our website whichcan easily be located by clicking on the tab located on the left side of the screen with the subsection LegislativeContacts, allows you to enter your home address and it automatically lists all your representatives. It has links toall of their websites and you can easily send a message to them. In the coming weeks we will have more detailedinformation on the website with talking points and pre-formatted letters that you can send to them to support theUFA legislative agenda. The list of Bills we are supporting are listed below. Check the site often for updatedinformation.

Our current agenda includes:

A3425 or S1406PERB EXTENDERExtends for an additional two years the effectiveness of provisions establishing dispute resolution during collec-tive negotiations.

S2312 or A5808GENERAL BENEFITS EXTENDERExtends certain temporary benefits and supplementation programs. Heart Bill, Cancer Bill, HAT Bill, andITHP.

S3426 or A1409TIER II PENSION EXTENDERExtends application of Article 11 of the retirement and Social Security law to all police officers and firefighterswho joined the system before July 1, 2011.

A4905 or S2343LINE OF DUTY WIDOWS COLAIncreases certain special accidental death benefits for surviving spouses and children of certain police and firepersonnel.


Fire LinesNO.1 2009

LEGISLATIVE UPDATEBy James Slevin, UFA Vice President, Legislative Chairman

WORLD TRADE CENTER RESPIRATORY INJURIESTHE PENDING LAWSUIT

The horrific events of 9/11/01 and its aftermath continue to have a devastating effect upon the physi-cal and emotional health of New York City firefighters.

As many of you know, shortly after 9/11 the United States Congress passed legislation creating the VictimCompensation Fund (“the Fund”). In addition to providing substantial financial awards to the families of fire-fighters lost in the tragedy, the Fund compensated firefighters who were injured on 9/11 or its aftermath. TheFund, however, was closed several years ago.

Certain elected officials, principally Congresswoman Carolyn Maloney and Congressman Jerrold Nadler,have introduced new legislation to resurrect the Fund. The latest version of the proposed law is moving slowlythrough the U.S. Congress. It is unclear whether it will ever be enacted and the Fund reopened.

However, my law firm is involved in a massive case pending in the United States District Court for theSouthern District of New York before Judge Hellerstein. We seek to recover damages for firefighters and otherswho suffered injuries as a result of the failure by the City of New York and private contractors to provide prop-er respiratory protection as required under the applicable OSHA rules. The suit focuses on individuals whoworked during the rescue/recovery phase at the WTC site.

The Federal Government provided a $1 billion dollar insurance fund to cover the City and its contractorsfor any liability they may have in this litigation. Over $100 million dollars from that fund has been spent pay-ing the lawyers hired to defend the City and its contractors. Adding to the controversy, not one penny has beenspent to pay the claims of injured workers.

At the same time, given the thousands of plaintiffs in the matter, it remains a complicated and difficultjob to resolve the cases.

Judge Hellerstein has appointed two law professors as deputies or “Special Masters” to assist him in eval-uating the medical claims of each injured worker. The Court, together with the Special Masters, is now supervis-ing the creation of a computer database to facilitate review of the workers’ medical histories and other informa-tion relevant to their claims, such as dates of WTC service, results of diagnostic tests, and type of prescriptiondrugs taken.

The Court has ordered the database to be completed by January 2011, a little less than two years’ time.The Court has also divided the cases into five “waves” of roughly 2,000 workers each. Older cases, those filedclosest in time to 2001, are in the first wave. The latest-filed cases are in the fifth wave. Additional waves maybe created as new cases are filed.

On a rolling basis, by wave, information on each case will be entered into the Court’s database. The ques-tions needed to be answered by each worker are very specific. This information will be



GENERAL COUNSEL’S COLUMNby Michael A. Block, Esq.

(Continued on page 5)

used to: 1) confirm and rank the severity of the injuries suffered by each worker; and 2) select sample cases fortrial. The Court intends to use guidelines established by the American Medical Association, among other cri-teria, to determine the severity of the injuries at issue. Depending upon the type of injury in a single worker’scase, he will be placed on one or more of several “charts” (subsections) of the database and ranked on thosecharts.

At this time, there are charts for upper and lower respiratory injuries (such as asthma, RAD, and sarcoido-sis), gastrointestinal injuries (such as GERD and esophagitis), among others. There is also a working version ofa chart for other injuries, but this has yet to be finalized.

A fully operational database will enable the Court to understand the injuries claimed, and increase thelikelihood of resolution of all of the cases.

We do not expect, however, that the defendants will simply accept the information submitted at face valueand stop fighting the cases. To the contrary, we expect the defendants to challenge any information contained inthe database. Defendants will likely seek their own confirmation of the injuries, through review of eachclaimant’s medical records and/or even hiring doctors to examine certain workers. Defendants will also arguethat some injuries predate WTC service or are caused by other sources. None of this is surprising, given thatdefendants continue to deny that they did anything wrong in their management of the WTC Site.

Because of strict deadlines to bring these

types of claims, you are encouraged to contact the

firm immediately if you are suffering from an illness

or injury you think may be connected to your service

at the WTC Site.

Please contact Michael Block, Esq. or

Andrew Carboy, Esq. at (212) 732-9000 at once if

you have any questions or are interested in bring-

ing a claim.



(Continued from page 4)

(Right) Friday, March 20th, UFA PresidentSteve Cassidy, Executive Board Members,and City Council Member James Vaccaprotest in front of City Hall against proposedfirehouse closings.

Photo Credit: Stephen N. Symbolik

Grievance Arbitration Updateby Joseph A. Miccio, Recording Secretary and Michael Axelrod, Esq.

Unfortunately, during the processing of our many grievances and improper practices, the UFA has hitsubstantial roadblocks which have stalled their progress. As a consequence, these delays have pre-

vented the UFA from aggressively addressing many of cases which we have been pursuing. Not the least of ourissues is the difficulty in the scheduling of arbitrators. The UFA is currently one short on our panel due to thepassing of Arbitrator Maurice Benewitz and the City’s reluctance to appoint his successor. Over the years, Dr.Benewitz presided over many of our cases, resulting in a notable number of favorable rulings. Our other arbi-trators, Arthur Riegel and Al Viani, have always worked well with us and have attempted to schedule cases, buthave difficulty finding a City attorney from the Office of Labor Relations (OLR) to handle the cases. The attor-neys in that office stay for one or two years, then leave, creating a “revolving door”. Each time one of the City’sattorneys is successful, he or she is given more cases, which creates a backlog and makes it difficult for sched-uling. Once cases are scheduled, oftentimes the attorney has already resigned. When the City assigns a newattorney, the date is scheduled substantially in advance to allow the new attorney time to familiarize him or her-self with the case. When the case comes up for hearing, or if it is extended to a second or third hearing date,often the new attorney has already left OLR. This cycle causes delays to the ongoing cases, both in our griev-ances and our improper practices at the Board of Collective Bargaining. Steve Cassidy has raised this complaintto the other leaders from the Municipal Labor Committee (MLC).

We have found that we are not alone, as the other City unions have encountered the same difficulties inhaving their cases go forward. MLC Chairman Harry Nespoli has met with both City Labor CommissionerJames Hanley and Office of Collective Bargaining Director Marlene Gold, raising these complaints as well. TheMLC has received the same answer the UFA has received: “This is a problem which the City has with its arbi-tration.” The MLC, along with Steve Cassidy, will continue to push the City to process these cases. Many ofthem are old and have reached that status because of the difficulty on the City’s part to retain counsel at the Officeof Labor relations to handle them.

The above notwithstanding, we are still trying to resolve matters. UFA Labor Counsel, Michael Axelrod,is working to address these procedural problems so that at least some of the cases can be expedited. Below is acurrent status:1. CSU Referrals to BITS (Improper Practice/Scope of Bargaining): Pending before the Board.Awaiting decision.2. Light Duty Change of Work Schedules: Deferred by the Board of Collective Bargaining to a grievancehearing. Arbitrator Arthur Riegel was assigned, and a date was set for November. However, the attorney han-dling the case left the office and failed to notify her supervisors of the November date, thereby delaying this casefrom going further. Axelrod worked out an arrangement with Riegel that the substantial paperwork creating thehistory including this case, the 2000 grievance before Arbitrator Al Viani regarding assignments off-the-chart, aswell as other grievances and improper practices contain enough information to avoid the necessity of having ahearing and delaying this matter further. In order to prevent further delay, the UFA’s background informationwith an explanatory brief was filed by Axelrod with the City and the arbitrator on December 16, 2008. Onceagain the City’s lawyer resigned, and there is no attorney handling this matter, Arbitrator Riegel has indicated


w w w . u f a n y c . o r g(Continued on page 7)

that he is attempting to eliminate unnecessary hearings and move this case in an expeditious fashion utilizing pre-viously submitted evidence and testimony. For your information, since this case started in 2000, we had six laborrelations attorneys work on it. A telephone conference is scheduled for March 30th.3. Increased AFID (3rd day) Improper Practice: Multiple conferences have been held before OCBHearing Officer, Michael Fois. We agreed last July that the UFA would file proposed stipulated facts, witnessesand exhibits, which was done by us preliminarily in August. The City’s lawyer has resigned, there has been noresponse, and the case has been in limbo although we just learned that another attorney was assigned. There isno expectation, however, because of the complexities of this action, that they will be prepared in a timely fash-ion. Axelrod continues to press this matter.4. Medical Leave Details (Lifts): Grievance pending before Arbitrator Al Viani for approximately threeyears. A meeting was held December 18th after which the City attorney handling the case resigned. ArbitratorViani is attempting to reschedule this matter with another date to be set in the near future.5. Surprise Inspection (Raid) & Drug Testing E-168: Grievance filed. Arbitrator Arthur Riegel assigned.Date was set but was adjourned due to the resignation of the City attorney.6. Denial of Chauffeur Pay (Paige Avenue): Grievance assigned to the late Maurice Benewitz who diedbefore the hearing date. Arthur Riegel was appointed and the first hearing was finally held on April 23rd, almost2 years after we filed the arbitration.7. Representation at Safety Interviews: Improper Practice filed July 29, 2008. After delay, City filed itsanswer and the UFA responded. The case is now pending before the Board. We had meetings with theDepartment to try to resolve the representation issue. The next date is April 2, 2009.8. One Year Details (City Island): Grievance, hearing held before Arbitrator Al Viani after substantialdelays because of the lack of a City attorney. We are awaiting a new date although we have been meeting withthe Department in an attempt to resolve the issue9. Asbestos Abatement at Lexington Avenue Improper Practice: Conference with Board representativewas finally held in November, 2008, more than one year after charges were filed. After multiple City adjourn-ments, the first hearing was finally held March 24th and multiple dates were set for the next two months to deter-mine whether the functions performed at the Con Edison explosion were duties customarily performed by fire-fighters. However, OLR has not assigned a new attorney.10. Random Drug Testing: a series of cases filed in 2003 and 2004 have been limping through the systemwith legitimate reasons for their delay. There were several meetings where a number of our issues were resolved,but there are several still outstanding. Hearings were held in 2007 and it was agreed by the parties that the casewould be held in abeyance during the court appeal of the successful police case challenging hair follicle testing.This case, handled by Axelrod and his office was successful at the Board level, reversed in the lower court, suc-cessfully reversed for the unions at the Appellate Division, holding that drug testing procedures are a mandatorysubject of negotiations. We are still waiting for the decision from the City’s appeal to the Court of Appeals. Atthat time briefs will be submitted by Axelrod and his staff. Once again, the attorney handling this matter forLabor Relations has resigned.11. Reasonable suspicion Testing Cases: Same as random drug testing above.



(Continued from page 6)



Over 7 years have passed since that fateful day, but the reverberations are still being felt todayand have ended up affecting all our firefighters - past, present, and future. Some of the ways we

have been touched are very evident, while others are more subtle.

One of the biggest factors driving the WTC Medical Monitoring and Treatment Programs isthe fact that since 1997, New York City Firefighters received annual medical exams. It is for this rea-son that our findings mean more to the bureaucrats than any other WTC related program. The dam-age to Firefighters can be scientifically/medically measured and not subject to dispute. For this rea-son, it should mean more to the fire service throughout this country to have these baseline medicalsfor all who dedicate themselves to helping others.

The WTC Medical Monitoring and Treatment Program is also the first of its kind that nowtracks the health of our retired members. Before this program, our retirees moved about the countryor retired into obscurity only keeping their company members in touch with their individual situa-tions when, and if, desired. The information we now gain from the WTC Medical MonitoringProgram can only serve our membership as diseases and treatment become more widely chronicalledto identify trends.

The Medical Monitoring Program can serve the post 9/11 membersip by allowing them toanticipate possible future health issues. By having this information available, safeguards can be putinto place for the earliest possible detection and treatment. It might also lead us to evidence thatcould possibly be used for legislative purposes or presumptive laws. Finding diseases or problemsat the earliest possible time gives our firefighters the best opportunity to have a treatment or programthat can be the most effective for our members.

The UFA is working with our legislative supporters to move forward a long term WTC fund-ing bill that will allow us to address our active and retired membership’s health and treatment needsfor now and in the future. Firefighter issues are unique to our chosen profession. The unions and firedepartment partnered for what may become the national model for medical monitoring. Both activeand retired firefighters participating in the program report a high satisfaction rate with the programin exit interviews. Your union is here to assist you, please contact my office with any questions orcomments or our retiree representative, Jim Dahl at 646-839-6577 who is well versed in the bene-fits and different programs available to our retirees. Information is also available on the UFA website at www.ufanyc.org.

WTC Medicals Affects ALL Firefighters!by

William Romaka, Health & Safety Officer, Sergeant -At-Arms



The morning after, units are still at the scene of a seven-alarm fire that destroyedPS # 9 at Brown Place and East 138th Street in the Bronx on January 3, 1963.



To: All Participants

From: Board of Trustees

Re: 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 con-dition and operations of the Fund for the fiscal year ended December 31, 2007.

The Compensation Accrual Fund of the Uniformed Firefighters Association is a defined contribution pensionplan that provides retirement benefits to New York City firefighters, fire marshals, marine engineers, pilots, anduniformed wipers pursuant to collective bargaining agreements between the City of New York and the UniformedFirefighters Association of Greater New York, Local 94, I.A.F.F., AFL-CIO (the UFA). Participants are eligibleto participate in the plan on the date they commence employment. Benefits are funded through employer contri-butions, which are established by the collective bargaining agreements.

The value of Fund assets, after subtracting liabilities of the Fund, was $124,980,773 as of December 31, 2007,compared to $116,737,438 as of January 1, 2007. During the fiscal year the Fund experienced an increase in itsnet assets available for benefits of $8,243,335. Additions to the Fund totaled $17,598,852. These additionsincluded investment income of $7,388,663, and contributions of $10,210,189.

Deductions from the Fund totaled $9,355,517. These deductions included benefits paid to participants of$9,031,175 and administrative expenses of $324,342.

For additional information write or call:

Board of TrusteesCompensation Accrual Fund of theUniformed Firefighters Association

204 East 23rd StreetNew York, NY 10010

(212) 683-4723

COMPENSATION ACCRUAL FUNDOF THE

UNIFORMED FIREFIGHTERS ASSOCIATIONOF GREATER NEW YORK - LOCAL 94 I.A.F.F., AFL-CIO

204 EAST 23RD STREET, NEW YORK, NY 10010TEL: (212) 683-4723 FAX: (212) 683-0693

TRUSTEES:

STEPHEN J. CASSIDYChairman

ROBERT STRAUBTreasurerJAMES M. SLEVINJOSEPH A. MICCIOWILLIAM ROMAKAJOHN G KELLY, JR.DONALD RULANDSTEPHEN G. HUMENESKYEDWARD BROWNDANIEL MURPHY


50 YEAR COMPARISONHUGE INCREASE IN RESPONSES

1958 72, 942 Responses2008 473, 335 Responses

This huge increase in response activity is at a time when the number ofFDNY companies has decreased!

1958 364 Companies2008 357 Companies

This huge increase in response activity is at a time when the number ofmembers of the FDNY Uniformed force has decreased!

1958 12,124 Members in the Uniformed Force2008 11, 620 Members in the Uniformed Force

Doing More...With Less!


FLORIDARETIREES

Retired firefighters andofficers in the Brandenton- Sarasota, Florida areaare looking to start aretiree’s group on the GulfCoast.

Suncoast Retiree’s meet-ings to be held on the lastWednesday of everymonth at Mulligan’s Grill,Bobby Jones GolfComplex.

Contact James O’Brien(L-120 ret) for more infor-mation at 941-932-7971.

by Herb Eysser


DONALD RULANDTrustee-Staten Island ENG 157JOHN G. KELLY, JRTrustee-Brooklyn ENG 201Chairman, Board of Trustees

STEPHEN G. HUMENESKYTrustee-Queens ENG 301DANIEL MURPHYTrustee-Manhattan ENG 74

EDWARD BROWNTrustee-Bronx LAD 48

204 EAST 23rd STREET, NEW YORK, N.Y. 10010-9998Tel (212) 683-4832 • Fax (212) 683-0710

www.ufanyc.org

Uniformed Firefighters AssociationOf Greater New York

JAMES M. SLEVINVice President LAD 7JOSEPH MICCIORecording Secretary ENG 295ROBERT STRAUBTreasurer ENG 45WILLIAM ROMAKAHealth & Safety Officer ENG 238Sergeant-at-Arms

LESTER LAYNEFire Marshal Representative BF1

STEPHEN J. CASSIDYPresident ENG 236

PRESORTED STD.U.S. POSTAGE

PAIDPERMIT # 14

HUNTINGTON, NY

STEPHEN J. CASSIDYEditor-In-Chief

STEPHEN N. SYMBOLIKManaging Editor

The Fire Lines - January 2009

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