The Fire Lines - October 2010

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The Bravest OFFICIAL PUBLICATION OF THE UNIFORMED FIREFIGHTERS ASSOCIATION OF GREATER NEW YORK WWW.UFANYC.ORG VOL. XLVI NO. 3, 2010 On Saturday September 11, 2010, at 0930 hours, members of Battalion 18 hosted the Ninth Annual Memorial Services at the Firemen’s Monument on Riverside Drive and 100th Street. Photo Credit: Stephen N. Symbolik III President’s Message by Stephen J. Cassidy O n Wednesday, September 29th the U.S. House of Representatives finally passed the James Zadroga 9/11 Health and Compensation Act, shortly before it recessed. It now needs to pass the Senate. If changes are made, it may have to go back to the House. It seems unlikely, at this point, that all of this can be accomplished in a lame-duck session (the period after the election and prior to the new Congress being sworn in). The UFA is working closely with the two New York Senators to get the Senate to act on the bill shortly after the November election. On October 4th, the Department began a pilot program (Modified Response) throughout the entire borough of Queens. The program decreases the number of fire units that respond to certain types of emergencies with lights and sirens. Lights and sirens will be used by the first responding units; however, units that follow will do so at a reduced speed under signal 10-20 response protocol. The Department says this program is intended to reduce apparatus accidents. We don’t believe them! If the Department is serious about reducing accidents, they would, as we suggested, again require all responding units to stop at all red lights and stop signs which was the Department’s rule prior to Commissioner Scoppetta changing it in 2005. This rule is the national standard practiced by all Departments in every city in the country! It seems clear, the Department will take no action to Continued on page 2

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The Official Publication of The Uniformed Firefighters Association of Greater New York - UFANYC.org

Transcript of The Fire Lines - October 2010

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The BravestOFFICIAL PUBLICATION OF THE

UNIFORMED FIREFIGHTERS ASSOCIATION OF GREATER NEW YORK

WWW.UFANYC.ORG VOL. XLVI NO. 3, 2010

On Saturday September 11, 2010, at 0930 hours, members of Battalion 18 hosted the Ninth Annual MemorialServices at the Firemen’s Monument on Riverside Drive and 100th Street. Photo Credit: Stephen N. Symbolik III

President’s Messageby Stephen J. Cassidy

On Wednesday, September 29th the U.S. Houseof Representatives finally passed the JamesZadroga 9/11 Health and Compensation Act,

shortly before it recessed. It now needs to pass theSenate. If changes are made, it may have to go back tothe House. It seems unlikely, at this point, that all of thiscan be accomplished in a lame-duck session (the periodafter the election and prior to the new Congress beingsworn in). The UFA is working closely with the two NewYork Senators to get the Senate to act on the bill shortlyafter the November election.

On October 4th, the Department began a pilot program(Modified Response) throughout the entire borough ofQueens. The program decreases the number of fire units

that respond to certain types of emergencies with lightsand sirens. Lights and sirens will be used by the firstresponding units; however, units that follow will do soat a reduced speed under signal 10-20 response protocol.The Department says this program is intended to reduceapparatus accidents. We don’t believe them! If theDepartment is serious about reducing accidents, theywould, as we suggested, again require all respondingunits to stop at all red lights and stop signs which wasthe Department’s rule prior to Commissioner Scoppettachanging it in 2005. This rule is the national standardpracticed by all Departments in every city in the country!

It seems clear, the Department will take no action toContinued on page 2

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Continued from page 1improve safety if these actions are likely to increaseresponse times of the first arriving units. The UFAcannot stop this pilot program even though we believe itmay compromise the safety of our firefighters and thepublic. We believe there will be additional pressure onthose units responding with lights and sirens to get to thescene of the emergency even more quickly therebyincreasing the danger to firefighters and civilians. TheUFA is reminding all chauffeurs that it is their job torespond in a safe manner. Do not let anyone pressure youinto responding in an unsafe manner thereby puttingyourself and other firefighters at greater risk.

The Administration announced in October that it isrequiring the FDNY to cut its budget another 2.7% byJanuary 1st with a likely additional 4% cut for July 1,2011 (2012 budget). It should be clear to everyone thatthe Administration intends to again try to close firehousesnext year. The UFA will continue to lobby the CityCouncil and other elected officials in an effort to onceagain avert firehouse closings. It’s crucial that wecontinue to target our Community Boards and CityCouncil Members reminding them that any closingswould further diminish the safety of the public andfirefighters

Judge Nicholas Garaufis had temporarily barred theCity from hiring the probationary firefighters from Exam6019 after ruling it discriminated against nonwhiteapplicants the same way as did two previous exams hedeemed illegal. On September 13 th he gave the City anoption to select one of several hiring procedures spelledout in his 27-page order. The City rejected thealternatives in his proposal stating "the City declines toselect any one of the five proposals offered by the Court.We understand that as a result the City is not permittedto hire any entry level firefighters for the duration of the'temporary injunction.' Under the supervision of theSpecial Master the City is striving to develop a newexamination in conjunction with the other parties asexpeditiously as possible." The City estimates it wouldtake a minimum of 8-12 months before it could create a

new examination and begin hiring off of a new list.In September, the ninth anniversary of the 9-11

terrorist attacks was observed throughout the city and thenation. On October 6th, Firefighters Memorial Day wasobserved at the Firemen’s Monument, againremembering our fallen heroes. Sadly, the public wasdistracted from this year’s memorial services because ofthe controversy surrounding the proposed building of amosque at Ground Zero. Mayor Bloomberg has claimedreligious freedom in America hangs in the balance anddefended his support of the WTC mosque, stating:“Firefighters that went into those buildings and gave theirlives—they didn’t go in and say, ‘Excuse me, what’syour religion?’” It is utterly inappropriate for the mayorto invoke dead heroes in a pathetic attempt to bolster hisargument in favor of building the mosque. Hiscomments are irrational – he’s wrong and he owes 343families an apology.

For the latest updates on the important issues affectingus, go to our Website at <www.ufanyc.org>. As always,stay safe!

ELECTIONDAY

IS

TUESDAY

NOVEMBER2nd

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Legislative UpdateBy James M. Slevin, Vice President

For the past few years the hard earned benefits of ourmembers have been coming under attack. Every daythere is a story in the newspapers, on local and nationalnews programs or talk radio about the costly benefits ofFirefighters and other public employees. The media isperpetuating a myth that we do not deserve our benefits.Nothing could be further from the truth. This attack isnot only happening here in New York. Firefightersaround the country are under attack. See-http://www.iaff.org/10News/PDFs/PensionFeature.pdf The NYS Constitution protects current firefighter’spensions. The relevant section states:After July first, nineteen hundred forty, membership inany pension or retirement system of the state or of a civildivision thereof shall be a contractual relationship, thebenefits of which shall not be diminished or impaired.NY CONST., Article V, § 7

Any changes to pension laws can only affect futureemployees not incumbents. This happened recentlywhen Governor Paterson vetoed the Tier II pensionextender in 2009. Only future firefighters will beineligible for Tier II benefits and are covered under TierIII. The only way that incumbent firefighters can havetheir pension benefits reduced is by a change to the NYSConstitution. This is done by a ConstitutionalConvention. The entire question of process to changethe constitution is covered by article XIX of the stateconstitution.1. Every 20 years since 1957 the State Constitution

requires that at general election a question be placedon the ballot asking voters whether to call aconstitutional convention.

2. The legislature may shorten the 20 year period byvoting to place a referendum question on the ballotasking the public if a Constitutional Conventionshould be held.

3. The legislature may amend the constitution by amajority vote of both houses. Two votes are requiredin two successive legislatures. One before and oneafter a general election.

Then the question must be placed before the people ina manner to be prescribed by the legislature.

If by chance a constitutional convention and changewere to take place the question arises as to whatprotections remain in place for incumbent members andretirees. A growing number of states are now testingwhether benefits for incumbent employees can bereduced. See <http://www.stateline.org/live/details/story? contentId=504503>

The protections that are currently in place on theFederal level have never been tested like this before. Instates without constitutional guarantees on pensions,statutes and court cases consider retirement benefits anunbreakable contract between the state and workers. Thatsame protection is in the contract clause of the U.S.Constitution, which says: “No state shall … pass any …law impairing the obligations of contracts.” What is notprotected by any federal laws or state constitutions iscurrent salary and benefits. So while a retiree’s pensionmay not be reduced, a firefighter that has not yet retiredand locked in their pension benefit can have a reductionin their future pension. This is done by limiting theamount of overtime that they earn, since pension benefitsare based on final year salary. There is no constitutionalright to earn overtime. By limiting overtime a memberspension will be affected. In other Fire Departmentsaround the country some unions have re-negotiatedcontracts and reduced salaries in order to avert layoffsand closings. This can potentially impact a membersfuture pension benefits.

The UFA will continue to fight for our members toensure that a constitutional convention does not occur.We earn our pensions every day putting our lives on theline for the citizens of New York. We will continue tosupport candidates for elected office that support us. Wealso will continue to ask our members to turn out tosupport those candidates. This November is a crucialelection day. Talk to your delegate and tell him that youwant to be a Political Action Volunteer. We will needyour help to help us in the fight to maintain our benefits.

Pension Benefits, Constitutional Conventions and Federal LawsProtecting Our Pensions

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FALL 2010 RETIREE HEALTH BENEFITS PROGRAM TRANSFER PERIOD

The City’s 2010 Health Benefits Program Transfer Period begins November 1, 2010and ends November 30, 2010. Changes requested during the Transfer Period areeffective for retirees on January 1, 2011. Retirees may transfer into any health plan forwhich they are eligible, add or drop Optional Rider coverage, and add or drop dependentsin their present health plan. Refer to the Summary Program Description at www.nyc.gov/olrfor plan descriptions.

IF YOU DO NOT WISH TO MAKE A CHANGE, DO NOTHING.

Non-Medicare Retirees – The City will be mailing out Retiree Transfer Applications shortly.If you wish to transfer to another health plan, or add or drop the Optional Rider completethe application and return to the Health Benefits Program.

Medicare-eligible Retirees – Wishing to transfer to another health plan, depending on thehealth plan selected, will need to complete the application mailed by the City or a specialform provided by the health plan selected, and return by November 30, 2010.

To enroll in a Medicare HMO you must contact the Medicare HMO directly to requesta special application. If you are presently enrolled in a Medicare HMO and aretransferring to a Medicare supplemental plan, you must first unenroll from yourcurrent plan.

Note: Some Medicare health plans provide Medicare Part D prescription drugcoverage, for example HIP-VIP. If you are a HIP-VIP member you are presentlyreceiving your drugs from this plan. If you change your health plan to a MedicareSupplement plan such as GHI Senior Care you must notify the Retired Security BenefitFund in writing together with a copy of Medicare Card by December 1, 2010 so we canenroll you in SilverScript, which is the RSBF Medicare Part D Prescription Drug Plan.SilverScript Medicare Part D part will be effective January 1, 2011.

You must notify the Health Benefits Program in writing immediately upon receipt ofyour or your dependent’s Medicare card. Include the following information: a copy of theMedicare card and birth dates for yourself and spouse, retirement date, pension number andpension system, name of health plan, and name of union welfare fund.

The City will reimburse retirees and their dependents for the monthly premium forMedicare Part B, as well as dependents enrolled on Medicare disability.

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FALL 2010 ACTIVE HEALTH BENEFITS TRANSFER PERIOD

The Fall 2010 Health Benefits Program begins November 1, 2010 and ends November 30, 2010. Health planchanges requested during the Transfer Period will be effective the first day of the first full payroll period inJanuary 2011.

During the Annual Transfer Period you may transfer into any health plan listed on the City’s Health BenefitsApplication, drop the Optional Rider or add or drop dependent(s). Refer to the Summary Program Descriptionat www.nyc.gov/olr for plan descriptions. To make changes you must complete a Health Benefits Applicationwhich is available for download at www.nyc.gov/olr or by contacting the FDNY Bureau of Personnel, HealthBenefits Desk (718) 999-2196. Applications must be submitted to the Bureau of Personnel, Health BenefitsDesk no later than November 30, 2010.

MEDICAL SPENDING CONVERSION ENROLLMENT (MSC) BUY-OUT WAIVER PROGRAM

To elect the Medical Spending Conversion Enrollment (MSC) Buy-Out Waiver Program or change healthpremium contribution tax status, you must fill out both a Health Benefits Application and a MSC Buy-OutEnrollment/Change Form or MSC Premium Conversion Form. For information about how to obtain the HealthBenefits Application and forms contact FDNY Bureau of Personnel, Health Benefits Desk (718) 999-2196.

Forms must be submitted no later than Friday, November 19, 2010.

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Left to right: FF Kenny Ruane and DanielMurphy, Manhattan Trustee.

Photo Credit: Stephen N. Symbolik III

Manhattan Trustee’s ColumnBy Daniel MurphyRecently, Firefighter Kenny Ruane stopped by the UFA

offices to visit Manhattan Trustee, Daniel Murphy. Kenny isone of the longest-serving firefighters in the FDNY. He wasappointed to the Department on September 5, 1970 and wasassigned initially to 26 Truck where he proudly served for twoyears under Captain John O’Regan. In March of 1972, he wastransferred to Engine 91-2 until 1974, when he was transferredback to 26 Truck. During the fiscal crisis of 1975, he was laidoff in July for one year and then rehired in July 1976 and sentto Engine 39 for 6 years. In March 1982, he began working at16 Truck, remaining there until December 2004, when he wasdetailed to Engine 10.

Kenny says, “When I was 22 I thought I was a man butlearned quickly I was still a kid. I wasn’t even sure I wanted tobe a firefighter. Captain O’Regan changed that for me andcemented what I wanted to do for a living. O’Regan was avisionary, a mentor, and I am proud to be one of his disciples.His knowledge, soft-spoken manner, and calm and articulateway of training encouraged younger guys. He taught us thatthe key to firefighting was getting into and staying in the right

position to perform your responsibilities. For the restof my career, even today, when I go to a call, I canstill hear Captain O’Regan’s soft voice over myshoulder.”

At 62, Kenny is still strong and vibrant. Havingserved in the FDNY for 40 years, he is one of thelongest-serving members in the history of theFDNY. Kenny says he still feels “capable and inshape to do the job.” The job still gets his“adrenaline running” and holds his interest. It alsoallows him to impart his knowledge and experienceto a younger Department… especially what helearned from Captain O’Regan. Says Ruane, “I’msupposed to retire July 13, 2013, but I don’t thinkabout it. I enjoy every day. I’d like to do this job aslong as I can keep up. I often say: ‘if a probie beatsme up the stairs, it’s time to go.’ I’ve had the greatprivilege to work with hundreds of great officers andthousands of firefighters. When I started in the jobsomeone told me: ‘Don’t let this job become whoyou are’ but, it has become what I am, and I’mgrateful!”

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Monounsaturated Fat Olive oil, peanut oil, canola oil, avocados, nuts and seeds

Polyunsaturated Fat Safflower, corn, sunflower, soy and cottonseed oils, nuts andseeds

Omega-3 Fatty Acids Fatty, cold-water fish (salmon, mackerel and herring), flaxseeds and flax oil

Types of Good Fats Sources

Saturated Animal products, such asmeat, poultry, seafood, eggs, dairy products, lard and butter, and tropical oils, such as palm and coconut.

Trans-fats Partially hydrogenated vegetable oils, shorteningand margarine, commercial baked goods, crackers, cookies, doughnuts, cakes,fried and fast-foods

Types of Harmful Fats Sources

Regardless of what is being cooked for dinner at thefirehouse, one thing can definitely be left out: the salt! Saltraises blood pressure, a significant problem for manyfirefighters. High blood pressure stresses the heart, increasingthe risk of a heart attack. Look for menus on line that are lowin sodium. Use a sodium substitute. Leave the salt shaker offthe table. Throw in some herbs and garlic for flavor instead.Garlic offers great antioxidant properties and can help protectthe heart. Whatever you do for dinner, change one thing onthe menu to make it healthier! Your family, friends, and yourheart will appreciate it!

If you are looking for healthy menus, check out the UFAHealth and Safety website at: <http://www.ufanyc.org/health_and_safety>

You can find information for healthy eating under theHealth and Safety Miscellaneous section, along with lots ofadditional information to keep you healthy and safe! StaySafe and Stay Well!

How’s Your Heart?

Report from the Health and Safety Office By Bill Romaka, Health & Safety Officer, Sergeant-At-Arms and Bernadette Royce, Health and Safety Program Manager

As you read this, you may be in the early stages of yourcareer, nearing retirement, or already retired. For those whojust started, many depend upon you to perform your jobquickly and safely. For those thinking about retirement oralready retired, you want to live a long, healthy retirement,free of medical problems. For all of you, you share one thingin common: you need a healthy heart. Yet, heart attacks killmore firefighters than any other cause, both on and off the job.While much of this is due to the exertion of the job, diet playsa significant role in heart health. You can ensure your heart ishealthy throughout your career and into a long, enjoyableretirement. Whether you’re a probie, near retirement, orretired, make some changes today to protect your heart for thefuture!

There is nothing better than sitting around the firehouse fora big meal. However, some simple changes can stop the mealfrom being a heart attack waiting to happen! Let’s start withfats. There are two types of fats: healthy and unhealthy. Allfats should be used in moderation. The next time you cook,try to substitute the healthy fats for the unhealthy fats. Thecharts on the right should help.

Protein is a crucial component of any meal. Without it, yourbody will break down your muscle. Choose lean cuts of meatand chicken. Fish is excellent; salmon and other cold-waterfish offer the benefits of omega-3 fatty-acids. These types offats protect the heart from disease. Red meat may increase therisk of cancer and should be consumed in moderation. Ideally,cook the meat in ways to reduce the fat. Trim fats from meatbefore cooking. Try broiling or drain the fats after cooking.

Add in lots of veggies to the dinner. On average, the morecolorful your diet is, the healthier it is. Fruits and vegetableshave lots of fiber and antioxidants which may lower the riskof cancer, heart disease, and diabetes. By increasing theamount of fruits and vegetables in your diet, you also increaseyour daily fluid intake. However, make sure to drink plentyof water in addition to fruits and vegetables. Also, rememberto limit caffeine because it dehydrates the body. Dehydrationsignificantly stresses your heart during any firefightingactivity.

For grains, aim to eat whole grains like whole wheat bread,whole wheat pasta, and brown rice. These have more fiber onaverage and are better for your heart. Whole grains also helplower your bad cholesterol or “LDL.” Try to avoid productsmade from white flour; switch it for its whole wheat versioninstead for some healthy benefits!

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To: All Participants

From: Board of Trustees

Re: Annual Membership Report

In compliance with Directive 12, Employee Benefit Funds – Uniform Reporting and AuditingRequirements, issued by the Office of the Comptroller of the City of New York, set forth below is a reportof the financial condition and operations of the Fund for the fiscal year ended June 30, 2009.

The Security Benefit Fund of the Uniformed Firefighters Association provides prescription drug, dental,optical, hearing aid, life insurance, supplemental health insurance, certain widows’ benefits and otherbenefits to eligible participants, which include firefighters, fire marshals, marine engineers, pilots, anduniformed wipers, pursuant to an Agreement and Declaration of Trust entered into between the UniformedFirefighters Association of Greater New York, Local 94, I.A.F.F., AFL-CIO (the UFA) and the Trusteesof the Fund. Such benefits are funded through employer contributions, which are established by collectivebargaining agreements entered into between the UFA and the City of New York.

The value of Fund assets, after subtracting liabilities of the Fund, was $34,519,786 as of June 30, 2009,compared to $35,821,724 as of July 1, 2008. During the fiscal year the Fund experienced a (decrease) inits net assets available for benefits of $(1,301,938). Additions to the Fund totaled $15,649,772. These additions included investment (loss) of $(230,119), contributions of $15,073,991, and other incomeof $805,900.

Deductions from the Fund totaled $16,951,710. These deductions included benefits paid to or forparticipants of $16,273,151 and administrative expenses of $678,559.

For additional information write or call:

Board of TrusteesSecurity Benefit Fund of the

Uniformed Firefighters Association204 East 23rd Street

New 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 RULANDEDWARD BROWNDANIEL MURPHYLEROY C. McGINNIS

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To: All Participants

From: Board of Trustees

Re: Annual Membership Report

In compliance with Directive 12, Employee Benefit Funds – Uniform Reporting and AuditingRequirements, issued by the Office of the Comptroller of the City of New York, set forth below is a reportof the financial condition and operations of the Fund for the fiscal year ended June 30, 2009.

The Retired Firefighters Security Benefit Fund of the Uniformed Firefighters Association providesprescription drug, dental, optical, hearing aid, life insurance, supplemental health insurance, certainwidows’ benefits and other benefits to eligible participants, which include retired firefighters, fire marshals,and uniformed wipers, pursuant to an Agreement and Declaration of Trust entered into between theUniformed Firefighters Association of Greater New York, Local 94, I.A.F.F., AFL-CIO (the UFA) and theTrustees of the Fund. Such benefits are funded through employer contributions, which are established bycollective 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 $15,969,256 as of June 30, 2009,compared to $13,394,337 as of July 1, 2008. During the fiscal year the Fund experienced an increase inits net assets available for benefits of $2,574,919. Additions to the Fund totaled $21,337,820. Theseadditions included investment (loss) of $(38,841), contributions of $17,449,112, and other income of$3,927,549.

Deductions from the Fund totaled $18,762,901. These deductions included benefits paid to or forparticipants of $18,127,074 and administrative expenses of $635,827.

For additional information write or call:

Board of TrusteesRetired Firefighters Security Benefit Fund of the

Uniformed Firefighters Association204 East 23rd Street

New 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 RULANDEDWARD BROWNDANIEL MURPHYLEROY C. McGINNIS

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As is customary, thousands of firefighters turned out for the annual FDNY Memorial Service at the Firemen’sMonument at 100th Street & Riverside Drive. This year 14 members of the Department were commemoratedthat had died since October 2009.

Photo Credit: Stephen N. Symbolik III

Past practice is a good and often-used argument utilizedby the UFA and other unions during a grievance or improperpractice. Past actions often determine how both partiesinterpret a contractual provision. To be successful in a case,we must prove the elements of a past practice (repeated andclear practice over a long period of time and mutually agreed-to). But proof of these elements alone does not mean we win.There is one more step in the analysis: does the practicereplace or modify what the contractual language alreadysays? This is where arbitrators split. Most arbitrators believe thatcontract language controls, even when the parties seem toadopt a past practice that varies from what the contractlanguage requires. A smaller number of arbitrators believethat the parties can adopt a practice that trumps clear contractlanguage. An example would be the arbitrator's award whichdetermined that members do not receive OT pay for 6th grademedicals.

The other example is when the contract language is notclear. More arbitrators are in the camp that past practicecontrols when the language is not clear. This grouprecognizes that parties cannot cover every possible situationwith contractual language, so it is their belief that the partiesintend to be bound by the practices that evolve. In these casesthe arbitrator determines that the 'practice' becomes binding

to the written agreement because the past practice clarifieswhat both parties have in essence already agreed to by theiractions. This is accomplished by memorializing it in thewritten language of the arbitrator's award.

An example of this occurring is the "Portal Pay" provisionof the UFA Collective Bargaining Agreement (CBA, ArticleXXIII). In this 1991 case, the Department suddenly changedits past practice of approving portal pay for detailed membersunder circumstances that it had always approved before. Thearbitrator ruled that detailed members, as long as they departquarters prior to the start of tour, are entitled to a full 45minutes for travel within the same borough and a full 1 hourand 15 minutes for travel to a unit outside of the originatingborough-even if they arrive at the detail location after the startof the tour. In this instance, the original contract languageapparently was not clear. The arbitrator ruled in the UFA'sfavor based on extensive past practices he cited in languageof his 1991 award. Several years ago, when this issue cameinto question again, it was quickly and amicably resolved oncethe UFA presented the language of that 1991 arbitration award.Other than the exceptions listed under Article XXIII of theCBA, members today still receive 45 minutes or 1 hour and15 minutes Portal Pay as indicated above because the UFAdefended its argument of 'Past Practice' successfully.

Joe Miccio is the Grievance Chairman for the UFA.

“Arbitration: When ‘Past Practice” Counts”By Joseph A. Miccio, Recording SecretaryADAPTED FROM LABOR ARBITRATION INSTITUTE PUBLICATIONS

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Volunteers Needed for the 2011World Police and Fire Games!

Volunteers will be a very important part of the 2011World Police & Fire Games. There are more than 7,500volunteer positions that need to be filled. Volunteerpositions include everything from assisting our SportCoordinators run their specific sports to helping with set-up and support at the various Games venues. Somevolunteer roles require special skills or knowledge whileothers only require a desire to pitch in and help. Allvolunteers will be trained for their volunteer role.Applications to volunteer are now being accepted on ourwebsite, www.2011wpfg.org. Click on the “Join TEAM2011” logo in the upper left side of the homepage for theVolunteer Application and more information onvolunteering. There is a role for everyone and weencourage you to sign up now. Do your part to makethese Games a success by becoming a volunteer andjoining TEAM 2011.

One Year to the 2011 World Police & Fire GamesSubmitted by the World & Police Fire Games Organizing Committee

On the night of September 11, 2010, the 2011 WorldPolice & Fire Games were on display at the Air Guard400 NASCAR Sprint Cup Race in Richmond, Virginia.The Budweiser #9 Ford Fusion car of Kasey Kahnehonored the 2011 World Police & Fire Games. The hoodand rear quarter panels were decorated with the 2011WPFG logo and the rear spoiler of the car wasemblazoned with the 2011 WPFG website,<www.2011wpfg.org>. A group of FDNY and NYPDmembers attended the race and were honored at the pre-race ceremonies. Earlier in the day the group visited thefirefighters at Henrico County Fire Station 21 to jointhem in a 9/11 remembrance ceremony. The HenricoCounty firefighters provided breakfast before everyonegathered outside the fire station to remember those loston 9/11. Thanks to our brothers from Henrico Countyfor being such good hosts and allowing us to rememberwith them!

The excitement is building as the start of the 2011World Police & Fire Games gets closer. With less thana year before the Opening Ceremonies there is still muchleft to be done. Help is needed at every level. Pleaseconsider volunteering to help with the Games - becomepart of this historic event!

The one-year countdown to the opening of the 2011World Police & Fire Games (WPFG) began on August26, 2010. Two events, sponsored by the organizers ofthe Games, were held to help promote the milestone.The “2011 WPFG Golf Classic” was held on Tuesday,August 24 at the Pelham Bay/Split Rock Golf Course inthe Bronx. The second event, held on Thursday, August26, was “2011 WPFG Night at Citi Field” where the NYMets hosted the 2011 WPFG to mark the start of the one-year countdown to the 2011 Games. In addition, the2011 WPFG logo was featured on the car driven byKasey Kahne at the NASCAR race in Richmond,Virginia on September 11. There are many excitingdevelopments involving the Games so please keepchecking our website, www.2011wpfg.org.

The “2011 WPFG Golf Classic” was a huge successwith golfers taking to the links at the Pelham Bay/SplitRock Golf Course in the Bronx for a great day of golf.There were golfers from the FDNY, NYPD, PAPD andmany other local agencies participating. The Split RockGolf Course is one of the venues being used for the Golfevent at next year’s Games. The winners from eachagency secured a guaranteed spot in the Golf event nextyear. The day’s winners included: Neil Fredrickson ofthe FDNY, Patrick Ryan of the NYPD, Godfrey Smithof the PAPD and Ron March of the Nassau County PD.Thanks to all of the golfers and volunteers who turnedout to support the Games and make this event the hugesuccess that it was!

“2011 WPFG Night at Citi Field” marked the actualone-year out date to the Opening Ceremonies of the 2011WPFG. The NY Mets opened up their doors andwelcomed the 2011 World Police & Fire Games to CitiField. In a pre-game ceremony, members of the 2011WPFG Executive Board were escorted to home plate andpresented with the NY Mets “Spirit Award”.Immediately afterwards the 2011 WPFG Video wasshown on the large screen on center field and on TVscreens throughout the stadium. More than 350firefighters, police officers, families and friends joinedthe 2011 WPFG Executive Board on the Pepsi Porch fora fun evening of baseball. Thanks to the NY Mets forhosting us and helping get the word out about the 2011Games!

Page 12: The Fire Lines - October 2010

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