The Fire Lines - October 2013

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F or many of us we begin each day with a prayer for our brothers lost 9-11. On this 12 th Anniversary we again assembled at the Fireman’s Memorial to remember their sacrifice and to “Never Forget.” Each year the toll con- tinues 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 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 10 th 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 13 th and conclud- ed 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 The Bravest OFFICIAL PUBLICATION OF THE UNIFORMED FIREFIGHTERS ASSOCIATION OF GREATER NEW YORK WWW.UFANYC.ORG VOL. XLIX NO. 1/2, 2013 Photo Credit: Stephen N. Symbolik III President’s Message by Stephen J. Cassidy Continued on page 2 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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The Official Publication of The Uniformed Firefighters Association of Greater New York - UFANYC.org

Transcript of The Fire Lines - October 2013

Page 1: The Fire Lines - October 2013

For many of us we begin each day with a prayer for ourbrothers lost 9-11. On this 12th Anniversary we againassembled at the Fireman’s Memorial to remember

their sacrifice and to “Never Forget.” Each year the toll con-tinues to mount as 76 members of this great Departmentsuccumbed to 9-11 related illnesses post 9-11-01. OnSaturday September 21, 2013, several Executive Boardmembers and I attended the IAFF Fallen FirefighterMemorial service with family members in BoulderColorado to honor our fallen members. Please keep them inyour prayers.

Every City employee is working with an expiredcontract. Teachers have been working without a contract forover four years. Over the last two years, the UFA has metwith the Bloomberg Administration to no avail trying tonegotiate a new contract. We look forward to sitting down

with the next Mayor and negotiating. If negotiating does notbring us a fair contract, we will exercise our right to go toPERB for Binding Arbitration.

On July 10th LeRoy McGinnis and I traveled toIAFF headquarters in Washington, D.C. to make GeneralPresident Schaitberger aware how displeased we are withimpending Obamacare implementation. I strongly urgedhim and the AFL-CIO to confront the White House withhow Obamacare will impact our members negatively. TheAFL-CIO Convention ended September 13th and conclud-ed with a resolution critical of Obamacare. The Resolutionfalls far short of what our members need to preserve ourhard fought benefits. The UFA will continue to fight theObama administration’s assault on our benefits. As it standsnow, the Obamacare Excise Tax, Reinsurance Fee, andother fees will severely impact the Security Benefit Fundand our health benefits with unnecessary costs that willdiminish our hard fought for benefits.

The Municipal Labor Coalition (MLC) has been

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

WWW.UFANYC.ORG VOL. XLIX NO. 1/2, 2013

Photo Credit: Stephen N. Symbolik III

President’s Messageby Stephen J. Cassidy

Continued on page 2

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 allthose lost in the terrorist attacks on the World Trade Center.

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granted a Temporary Restraining Order (TRO) to stop CityHall from proceeding with an Request for Proposal (RFP)for new health care providers. The TRO is based on theCity’s plan to unilaterally move forward with the RFP inviolation of the “Agreement Relating to Procurement ofEmployee Health Benefit Contracts.” The RFP and theprocess taken by the Bloomberg Administration are deeplyflawed. Hopefully the MLC will be successful in court andthis issue can be taken up with next Mayor.

As always, stay safe!

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Continued from page 1

The Art of Labor Law.

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Binding Arbitration Saved;Legacy Credits awaiting Governor’s Action

The 2013 legislative session ended on a very posi-tive note for the UFA. We had major victories withtwo pieces of key legislation. The Binding

Arbitration Extender was signed thereby preserving ourrights to go to PERB when a contract impasse has beenreached. In addition, both houses passed the LegacyCredit bill and Governor Cuomo recently signed it intolaw. This bill was an important fix to an inequity in theprevious law. We had numerous other bills pass bothhouses, some of which have already been signed by theGovernor. These include the LOD Widows Cola and theRemove Firearms restrictions for retired law enforcement(Fire Marshals). The latter of which the UFA was suc-cessful in changing the requirement of time served as aMarshal from ten years to five years in order to keepfirearms without the new SAFE Act restrictions in retire-ment.

Binding Arbitration was threatened with a vetoby the Governor. It has to be renewed every four yearsand the New York Conference of Mayors, MayorBloomberg and anti-union groups such as the EmpireCenter were arguing that it was one of the major causesof fiscal strain on municipalities. They wanted to make“ability to pay” the sole factor in deciding arbitrationcases rather than one of the factors an arbitrator must con-sider. The UFA convinced the legislature and theGovernor as to why PERB in its current form needed tobe extended. Often a municipality will not bargain ingood faith and binding arbitration is the only recourseavailable. Ultimately some changes were made for cer-tain distressed municipalities outside of NYC but theexisting provisions which allow NYC Firefighters andPolice Officers to go to PERB remain intact. This was atremendous victory for NYC Firefighters. Should we endup in contract impasse, we will still have the right tomake our case to an independent arbitrator under thejurisdiction of PERB.

The Legacy Credit bill came about when the UFAwas contacted about an inequity which treated Childrenand Siblings differently when it came to awarding theadditional 10 points on the entrance exam for Firefighter.When the original legacy credit bill was passed it onlyawarded points to children of Firefighters killed in theline of duty. After 9/11 the law was amended in 2002 toinclude “siblings who were killed as a result of the WTCattack.” At the time it was amended the WTC Death

Benefit did not exist (It became law in 2006). Children ofFirefighters were not eligible for the exam credit if theirparent died as a result of a disease related to 9/11, sincethere was no presumptive death benefit law in place backin 2002. As soon as the UFA was made aware of thisinequity we contacted Assemblyman Abbate and SenatorGolden so that we could correct this problem. The UFAdrafted the legislation and it was immediately sponsoredby Assemblyman Abbate and Senator Golden. Theyquickly moved it through both houses and passed itbefore the end of session. The UFA lobbied theGovernor’s office and the Governor himself making surethat they understood the purpose of the bill and why itwas so important to sign. The bill was sent to theGovernor for his approval on September 17th. We arehappy to report that the bill was signed into law by theGovernor on September 27th as Chapter 376 of the lawsof 2013. This was an important piece of legislation. TheUFA is grateful to Assemblyman Abbate, Senator Goldenand Governor Cuomo for their help in getting it passed.

The following bills are a complete list of legislation thatwas supported by the UFA this legislative session that hasbeen acted upon by the legislature:

Line Of Duty Widows COLA – 07-31-13 Signed bythe Governor (Chap:196 )Increases certain special accidental death benefits forsurviving spouses and children of certain police andfire personnel.Binding Arbitration Extender - 06-24-13 Signed bythe Governor (Chap:67 )Legacy Credit WTC fix –credit for siblings andchildren equally – Signed by the Governor(Chap:376 )WTC Bill Vesting Fix - Passed both housesRemove Firearms restrictions for retired lawenforcement (Fire Marshals) - 07-05-13 Signed bythe Governor (Chap:98 )Relates to interest rates for retirement systemAssumption Rate 8% to 7% - 01-30-13 Signed bythe Governor (Chap:3 )NYC Deferred Compensation Plan BoardStructure – vetoedAn updated list is available on the UFA website.The website has links to the actual legislation. Byclicking on the bills you can read the bill text andalso see up to date action on the bills. In the nextissue of Fire Lines we will have an update on UFApolitical action and the elections. A full list of UFAendorsed candidates and results are available onthe UFA website.

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Legislative Updateby James M. Slevin, Vice President

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The 9/11 Tribute Center, co-founded in2006 by Lee Ielpi, FDNY Rescue 2(retired), is a museum located directly

across from the World Trade Center that givesa first person history of the terror attacks onSeptember 11, 2001 from those who livedthrough the tragedy.

Tribute volunteers, all people who havebeen directly impacted by 9/11, are the officialguides for the 9/11 Memorial. Our volunteerguides – first responders, survivors, familymembers, area residents and civilian volun-teers - tell their stories about September 11thand connect visitors from across the countryand around the world to the meaning of theMemorial, magnitude of the tragedy and thehumanity of victims and survivors.

Become a 9/11 Tribute Center volunteerguide at the 9/11 Memorial so that the publicunderstands – and will never forget – that onSeptember 11th, FDNY firefighters respondedto an unprecedented attack with tremendousvalor, compassion and patriotism. MartyMcTigue, Battalion Chief (retired), SpecialOperations Command, FDNY, became aTribute guide so the public would know aboutthe uncommon rescue mentality of the FDNY.“Being FDNY, you recognize the danger, butyou have an obligation to protectpeople....helping others is the underlying storyof September 11th, and it’s the story thatFDNY can tell.”

Retired and active FDNY firefightersvolunteer for Tribute to educate and to honor.Scott Shrimpe, firefighter (retired), Squad 41FDNY, does tours and “shares memories offallen brothers so people take them home andshare those memories with others.” BillSpade, Firefighter (retired) Rescue 5, FDNY,

has been a Tribute volunteer for over fiveyears. During that time, he’s talked to hun-dreds of kids and school groups at the TributeCenter who knew nothing about 9/11. Hisstory inspires kids to think about their valuesand to make a difference.

Bill gets a lot back from volunteering asa Tribute Center guide. Joining the programand telling his story has been “healing and asaving grace” in his life. “There’s a brother-hood and sisterhood amongst the volunteers atthe Tribute Center .... and the visitors who areso grateful that you are willing to share yourstory.” Like Bill, Richie Fuerch, DeputyChief (retired), Division 1, FDNY has foundgreat reward volunteering for Tribute. “I knowa lot of names on that wall. It’s emotional lead-ing tours, but it feels good to be honoring mycolleagues this way.”

Flexible time commitment for volun-teering. For more information contact:Nancy Gamerman: 212-422-3520 x112 orEmail: [email protected]

Honor Fallen Colleagues. Share your September 11th story.Become a 9/11 Tribute Center Volunteer Guide at the 9/11 Memorial.

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All Types of Personal Injury Cases 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

Protect your family and call us for more information

Over $500 million recovered from original WTC Victim Comp Fund

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

Call Mike Barasch

1-888-280-CD72 (2372)

WWW.FIRELAW.COM

Seatbelt SafetyExciting News! There is a life saving tool that can save

lives…

Amazingly, the first potential life or death deci-

sion 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 seat-

belt 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 fatali-

ties. 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 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 utiliz-

ing their seatbelts and still do not use them 100% of

the time. You have too much to lose if your first prior-

ity 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 firefight-

ers 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.

Health & Safety Officer’s Reportby Gerard Fitzgerald

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Minimum Cost sharing in Catastrophic Coverage

Portion

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UPDATED MEDICARE PART D BENEFIT PERAMETERS

2013

$4,750 $4,550

$2,970 $2,850

$100 $100

$6,733.75 $6,455.00

$6,954.52 $6,690.77

$2.65 $2.55

$6.60 $6.35Other

Generic/Preferred Multi-Source Drug

Estimated Total Covered Part D Spending at Out-of-

Pocket Threshold for Applicable beneficiaries (3)

Total Covered Part D Spend at Out-of-Pocket thresh-

old for Non-Applicable beneficiaries (2)

Out-of-Pocket Threshold

Initial Coverage Limit

Deductible

Standard Benefit

2014

(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 [email protected]

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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 avail-

able. For additional information contact journal chairman

Jimmy Guidice, E 94, at [email protected]. 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

Fire Marshal’s Reportby 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 inter-

ests and that of all New York City Fire Marshals.

Recent articles in numerous news outlets have por-

trayed the FMBA as the union that represents fire mar-

shals. Several photos and press releases from candi-

dates FMBA endorsed, did clearly say the group was

the FDNY’s fire marshals union.

To clarify, the FMBA is a fraternal organiza-

tion 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 endorse-

ments made by the UFA executive board are fully sup-

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

www.ufanyc.org

JAMES M. SLEVIN

Vice President LAD 7

ROBERT STRAUB

Treasurer ENG 45

JOHN G. KELLY, JR

Trustee-Brooklyn ENG 201

Chairman, Board of Trustees

MATTHEW M. DESJARDIN

Trustee-Queens ENG 325

VINCENT SPECIALE

Trustee-Manhattan ENG 55

LEROY C. MCGINNIS

Recording Secretary ENG 266

GERARD FITZGERALD

Health & Safety Officer ENG 318

Sergeant-at-Arms

EDWARD BROWN

Trustee-Bronx LAD 48

ERIC BISCHOFF

Trustee-Staten Island ENG 161

STEVEN TAGLIANI

Fire Marshal Representative BFI

STEPHEN J. CASSIDY

President ENG 236

STEPHEN J. CASSIDY

Editor-In-Chief

STEPHEN N. SYMBOLIK III

Managing Editor

Uniformed Firefighters Association PresortedFirst Class Mail

US PostagePA I D

Farmingdale, NYPermit No.125