Overview

This chapter is a compilation of the various collective bargaining agreements, contracts or other agreements that the UFA and City have entered into, either in summary or in their entirety. It also contains some information about or references to certain laws which were negotiated via legislation that apply to the UFA and the City. Its purpose is to provide answers to many of the questions that the UFA Executive Board receives from interested Delegates and members. It also contains the Frequently Asked Questions (FAQ) that are published prior to the membership voted on the current Collective Bargaining Agreement. In many cases it will steer you to another chapter or book that contains more comprehensive information.

Taylor Law & PERB

The Taylor Law was enacted through NYS Legislation in the late 60’s with the objective of creating harmonious and cooperative relationships between government and its employees—and to protect the public by assuring at all times, the orderly and uninterrupted operations and functions of government. Prior to the Taylor Law, there were many years of turmoil, strife, and controversy in the areas of organization and collective bargaining in the public sector. The Taylor Law mandates the following:

It continues the prohibition against strikes (Section 210, subdivision 1, Section 211);
Grants public employees the rights of organization and representation (Section 203 and 204);
Authorizes state and local governments to recognize, negotiate with and enter into written agreements with pubic employee organizations (Section 204, 204-e);
Created the Public Employment Relations Board (PERB) to assist in resolving disputes (Section 205) which arose under the law. PERB was delegated the authority to establish procedures for determining representation status and to resolve disputes concerning representation status as well as to assist in collective bargaining and to generally exercise appellate jurisdiction overall local procedures and rules promulgated under the Taylor Law; and
Created ‘Mini-PERBs’: Section 206 and 212 of the Taylor Law gave the option to every local government to establish a governing board and procedures (known as ‘mini-PERBs’) which would not be inconsistent with the provisions of the PERB and which would perform the same functions as PERB. New York City took advantage of this procedure by enacting legislation which resulted in the creation of the Office of Collective Bargaining (OCB), a ‘mini-PERB’.

PERB is now available to the UFA should the UFA need to choose that path.

See Politics & Legislative Book (Taylor Law & PERB chapter) for more detailed info. The Taylor Law & PERB chapter was written with the intention of putting the primary elements of the NYS Taylor Law & PERB into every- day terms. It is a brief summary of certain sections of the Taylor Law, how it came into existence, the distinctions among some of its subcomponents/subchapters (PERB, OCB, mediation, binding arbitration, scoping, etc.), how it works and how it can affect your union’s ability to negotiate a contract on behalf of its membership. It also includes a copy of the 2002 report and recommendations by the NYS AFL-CIO Taylor Law Task Force, entitled ‘Taylor Law Reform for the Twenty-First Century’.

2000 – 2002 Collective Bargaining Agreement

Pay Increases

This section summarizes primary financial gains and several other benefits contained in the 2000 – 2002 Collective Bargaining Agreement and gives a brief overview of information that is in the Union Book chapter titled ‘Your Rights Under the UFA Agreement”.

See Union Book; ‘Your Rights Under the UFA Contract” chapter, for the complete language of the 2000 – 2002 Collective Bargaining Agreement and comprehensive FAQs regarding that Contract, as summarized below. Your Delegate can provide this booklet for you.

June 1, 2000: 5% pay increase for all members
June 1, 2000: 5% pay increase for all members (5.25% compounded)
May 31, 2002: $2 annuity increase to $4/day for all members
May 31, 2002: $800 annual pay increase each year for probie thru 2nd grade
May 31, 2002: Night shift pay for 6-month probie increase from previous60%, to 90% now
May 31, 2002: Night shift pay for 5th grade FF increase from previous 60%, to 100%now
May 31, 2002: Chauffeur extra pay increase by .40%, to 2.05% (previously 1.65%)
May 31, 2002: Tiller Operator extra pay is 2.05% (previously 0%)
May 31, 2002: $4 annuity increase to $6/day for all Fire Marshals & Marine Wipers
May 31, 2002: Uniform allowance increase to $1000/year (was $350) for all Fire Marshals & Marine Wipers, & remove from quartermaster system
May 31, 2002: UFA Board Members work RSOT in firehouses (previously not permitted to work)

Contract Language & Easy-Info-Find

You can find the following info in the Union Book; ‘Your Rights Under the UFA Contract’ chapter (or Housewatch booklet) of the Delegate Manual. Topics that were previously buried deeply in your contract language are brought to the surface, and can be quickly found in its Table of Contents. This includes info such as Portal-to- Portal, OT Entitlements, Vacations, Medical Office Practices Findings, Leave Carry-over for LODI, Firehouse Parking Rights, No CFR-D Details, RSOT Blackout Tours, Seniority for Assignment Rights, RSOT Guarantees, Unnecessary Medical Office Visits, Grievance Steps, Interrogation Rights and much more.

It contains the entire language of the 2000-2002 Collective Bargaining Agreement. Even though it is expired at this time, all provisions and benefits under this agreement will remain in effect until the next contract is signed. Many questions you may hear or have regarding future contract negotiations may be cleared up in this chapter. It is our goal to insure that when the time comes for you to fill out your ballot either for or against any future contract – that you will be able do it with a good understanding of the issues at hand – and make your own well informed choice.

Your Delegate can provide this chapter for you.

Frequently Asked Questions (FAQs)

The ‘Your Rights Under the UFA Contract’ chapter (or Housewatch booklet) contains the Frequently Asked Questions (FAQ) info that was published prior to the membership voted on the current 2000-2002 Collective Bargaining Agreement. This will help answer many questions you may have about that round of negotiations- especially if you were not on the job at that time. It’s purpose is to provide answers to many of the frequent questions that the UFA Executive Board receives from interested Delegates and members.

Your Company Delegate can help you with additional explanations and provide this chapter in booklet form for you.

Work Chart

The UFA work chart is guaranteed by the City Administrative Code (AC), and cannot be taken away without a change in the law. This section of the AC is noted in the current Collective Bargaining Agreement. This law is reproduced as follows:

The Commissioner shall install a two-platoon system for Firefighters in accordance with [new Section 15-112] of the Administrative Code, which reads as follows:

[new Section 15-112] Working Hours – a. The Commissioner shall divide the deputy chiefs, battalion chiefs, captains, lieutenants, engineers and firefighters, marine engineers and pilots in boats of the department into platoons, and such division shall be fully completed and the provisions hereof fully effectuated. None of such platoons or any member thereof, shall be assigned to more than one tour of duty in any twenty-four consecutive hours. The Commissioner shall install a two-platoon system.

Two platoons. The two platoon system shall consist of not more than two tours of duty of not more than nine hours each, to be followed by a rest period of at least forty-eight hours for all members. After such rest period there shall be not more than two tours of duty of not more than fifteen hours to be followed by a rest period for all members of at least seventy-two hours which shall continue in sequence so that not more than six nine-hour tours of duty and six fifteen-

hour tours of duty shall be worked in any twenty-five consecutive calendar days, except, in the event of conflagrations, riots, or other similar emergencies or for the necessary time consumed in changing tours of duty, in which events such platoons or members thereof shall be continued on duty for such tours as may be necessary.

A copy of this law is also located in the Politics & Legislative Book (Firefighter Laws. Legislation & Definitions chapter).

Unlimited Medical Leave

NYC Firefighters (and certain other agency employees) are entitled to unlimited medical leave for both Line- of-Duty and non Line-of-Duty injuries or illnesses. The distinctions between the two entitlements are briefly summarized as follows:

Line-of-Duty: Unlimited medical leave for Line-of duty injuries and illnesses (LODI) is protected by NYC Administrative Code (Law). It would require a change in law to take unlimited LODI medical leave away from NYC firefighters.
Non-line-of-duty: Unlimited medical leave for non LODI is protected only by the UFA Collective Bargaining Agreement with the City – not by the NYC Administrative Code.

See Politics & Legislative Book (Firefighter Laws, Legislation & Definitions chapter) for additional info on this law.

Variable Supplement (Defined Benefit)

Defined Benefit

The Variable Supplement Fund (VSF) is also known as the Defined Benefit. The VSF is not payable to Disability or Vested retirees. All current members who retire under ordinary service retirement with at least 20 years of service will receive a lump sum payment from the Variable Supplements Fund on or about December 15th of each calendar year they are retired. Your first retirement year payment will be prorated based on the number of months you are retired, beginning with the month following the month you retired. The payment will increase by $500 per year until it maximizes $12,000 in 2007. Payment will remain at that fixed amount each year thereafter. The VSF is reduced for any applicable Cost of Living Adjustment (COLA) offset that the retiree may receive. The UFA is currently pushing proposed legislation to eliminate COLA offsets.

D.R.O.P. VSF

The Deferred Retirement Option Plan (DROP) allows active members to accrue (non interest bearing) the VSF Defined Benefit for each year as of their 20th anniversary date or January 1, 2002, whichever is later. The accrued lump sum will be included with the retiree’s first VSF payment. You may not receive payment until after retirement. See Politics & Legislative Book (Firefighter Laws Legislation & Definitions chapter) for extensive excerpts from the VSF law.

NYPD Rollover Night Shift Pay

February 3, 2004

Stephen Cassidy, President, Uniformed Firefighters Association Dear Mr. Cassidy:

This is to confirm our mutual understanding concerning night shift differentials for probationary firefighters who served as a member of the New York City Police Department (“NYPD “) immediately prior to being appointed by the Fire Department (“FDNY”).

The FDNY will credit time served by a firefighter as a member of the police force of the NYPD in determining eligibility for night shift differential, Such service as a member of the police force must be immediately prior to his or her appointment to the position of firefighter by the FDNY.

Furthermore, the parties acknowledge that these terms have already been applied to firefighters that were in the July 28, 2002, February 2, 2003, and May 4, 2003 probationary firefighter classes. Please sign this letter and return it to me confirming agreement to the above.

Very truly yours,

LILLIAN RIVERA-INZERILLO

Director, Labor Relations, Office of the Fire Commissioner The City of New York, FIRE DEPARTMENT

CFR-D Agreement

Memorandum of Understanding made this 15th day April 1998, by and between the Uniformed Firefighters Association of Greater New York (the “UFA”) and the City of New York (the “City”);

WHEREAS, the undersigned parties have entered into a collective bargaining agreement covering the period January 1, 1995 through May 31, 2000; and

WHEREAS, a side letter to such collective bargaining agreement includes an agreement by the parties to discuss the assignment of job duties to firefighters that deviate substantially from their job description; and

WHEREAS, the parties have met on numerous occasions to enter into such discussions; and

WHEREAS, the parties have reached an agreement concerning the assignment to firefighters of Certified First Responder-Defibrillator (“CFR-D”) duties and desire to memorialize such agreement in writing; and

WHEREAS, the CFR-D program is presently operating in all Engine Companies at this time and the UFA has cooperated with the Fire Department in performing the additional responsibilities, including the receipt of training;

NOW, THEREFORE, IT IS HEREBY AGREED TO AND ACCEPTED as follows:

Section 1. CFR-D Differential

Firefighters who are CFR-D certified and are working in a company, including engine companies, that is on- line for CFR-D responses for a particular ,our shall be eligible for the differential upon the effective date described in Section 8 below subject to the following conditions:

There will be a per-tour differential of $7.43 per nine (9) hour tour.
There will be a per-tour differential of $12.38 per fifteen (15) hour tour.
The differential shall be included in the Firefighters salary for pension purposes and shall be subject to future collective bargaining increases.
Firefighters are eligible for the per-tour differential only for tours actually worked on companies that are on line for CFR-D responses and excluding additional hours worked into the next tour. The Firefighter is not eligible for the differential if the Firefighter is out on any type of leave whether paid or unpaid.
If a Firefighter goes on medical leave during a tour, the Firefighter shall receive a pro-rated amount of the differential for the period of the tour for which the Firefighter served and was qualified.
Firefighters who are CFR-D certified and who have been performing CFR-D duties pursuant to the guidelines above and who are in active service as Firefighters on the effective date of this agreement shall be eligible for a retroactive payment of the differential as follows: Performance of CFR-D in the year 1995, a payment of $300; in the year 1996, a payment of $300 and in the year 1997, a payment of $300.

Section 2. Detailing

Upon the effective date of this agreement as described in Section 8 below, the Fire Department shall have the right to detail Firefighters to another company to place that company on-line for CFR-D purposes.

Section 3. Training

The Fire Department shall provide CFR-D training to Firefighters assigned to ladder companies who have not received initial training. The training shall be performed on a scheduled basis.

March 11, 1998 Side Letter to the Agreement from James Hanley, Commissioner, NYC Office of Labor Relations, to Kevin Gallagher, President, Uniformed Firefighters Association:

“This is to clarify that the CFR-D certification training for uncertified incumbents and recertification training shall be provided to firefighters during non working hours on an overtime basis. Certification training shall be 72 hours and recertification training shall be 32 hours.”

Section 4. Labor-Management Committee

There will be a Labor-Management Committee entitled the “Labor-Management CFR-D Oversight Committee” established to discuss and review CFR-D issues of importance to the UFA and the Fire Department comprised of members of the Fire Department and the UFA. The committee shall meet as necessary on a case-by-case basis.

Section 5. Opting Out

The Fire Department will consider requests by Firefighters to opt-out of the CFR-D program upon the expiration of the Firefighter’s CFR-D certification. When practicable, the Fire Department will facilitate transfers for those who wish to be reassigned to a ladder or engine company.

Section 6. AFID

The current practice of exempting Firefighters from one (1) hour of AFID ‘inspection time due to CFR-D training shall cease.

Section 7. Carry downs

It is the intent of the Fire Department to only assign “carry downs” to Engine Companies except on an emergency basis.

Section 8. Effective Date

This term of this agreement shall be 09:00 hours on April 1, 1998 through May 31, 2000.

Section 9. Reservation of Rights

The Fire Department, by entering into this agreement, in no way waives any and all rights it currently possesses by law including but not limited to management’s rights under the New York City Collective Bargaining Law.

Signed by

Kevin Gallagher, President, Uniformed Firefighters Association of Greater New York

James F. Hanley, Commissioner, New York City Office of Labor Relations

Thomas Von Essen, Commissioner, New York City Fire Department

Future Increases

Note: This section is a reproduction of the agreement and sideletter in their entirety. The per-tour differentials increase at the same percentage that all future base wages increase by with each new collective bargaining agreement (per Sec. 1, sub d).

Roster Staffing O.T. (5th Man) Agreement

The following sections are excerpted from the January 1996 Firelines, in their entirety. They were published by the 1996 UFA President and Executive Board to explain the agreement at the time it was negotiated.

President’s Report in 1996 Firelines

In many ways, 1990 seems longer ago than it actually was; in other ways it seems like yesterday. When the debacle known as Raster Staffing began, no one believed that it would take six years before the impact on our safety could be resolved. When this Executive Board took over in 1993, we made it our top priority. In the spring of 1995, we were finally able to present our case to the late Walter Gellhorn. Our presentation was excellent and convinced him that in many instances, the reduced manning made a significant difference to our operation. We also demonstrated that the presentation by the City in 1988 and the promises they made were both inaccurate and never kept. In private meetings with Gellhorn, myself, our labor counsel Michael Axelrod, and Office of Labor Relations

Commissioner Hanley, he indicated that he believed the 5th firefighter was needed in some instances and not needed in others. He also made it clear that he believed the City was not honest in keeping their commitment and that we were not pure in our use of the medical leave privilege. He instructed Hanley and I to negotiate and try to reach an agreement. This meeting clearly established that the UFA had won the case. The City was given a signal that they would have to make an adjustment and bar-

Gellhorn’s recommendation would embarrass them on training and for not following through on the representations that had been made. He also made it clear to me that in some way the medical leave levels had to be addressed.

Over several months, we met and worked the offer and subsequent agreement up from 40 companies to 60. When Professor Gellhorn died, the City had the opportunity to stop everything and force us to go to a new hearing officer and start the entire process from scratch. The Executive Board knew that any leverage we had with Gellhorn was gone after his death. Commissioner Safir and Mayor Giuliani both knew that, technically, they could force us to begin all over since the meetings with Gellhorn where he instructed us to negotiate were informal and off the record. To the Mayor’s and Commissioner’s credit, they agreed that we should continue negotiations. They instructed Hanley that they would both support us at O.M.B. (Office of Management and Budget) , where the real problem — money — must be addressed. With this support from the Mayor and Commissioner, the final agreement was arrived at.

Like you, I certainly would like to have the 135 companies we lost after the contract arbitration in 1988. At least we got back 60. Going to arbitration (2005 EDITOR’S NOTE: The author is referring to City OCB, not PERB. The UFA was not entitled to use PERB at that time) in 1988 was the single greatest mistake this organization has ever made, and we have paid for it ever since. At this point, with only a guarantee of four firefighters to start every tour, our options were limited. We could have rejected this agreement and spent the next two to three years going through the process again. Who knows what would have happened. With the City in a declining economic state, there is anything but a guarantee that we would have done as well as we did now. More manpower will provide us with more safety — our ultimate objective.

Our agreement gives us the opportunity to put this issue aside. We can proceed into negotiations knowing that 60 units are five-man units. We can now use CFR-D and our increased role in medical emergencies to help in negotiating more companies. We explain the agreement in a summary in this issue. We also have questions and answers that hopefully will address your concerns. Your Executive Board and I are proud of the case we presented, proud of our uniformity and our combined efforts in reaching this settlement. We may now go on to the other tasks at hand.

What is the Length of Agreement and Effective Date?

This settlement resolves the Roster Staffing case for a minimum of ten years. After expiration, either party may attempt to bargain a change under the provisions of the New York City Collective Bargaining Law. For the first ten years, however, the UFA and City of New York are precluded from challenging safety impact or instituting grievances other than Court enforcement of the terms of this stipulation. The stipulation goes into effect on January 31, 1996, at 9:00 a.m.

What Training is Required Under the Agreement?

All firefighters hired prior to May 1, 1995 will receive an additional nine hours of training (on overtime) to enhance their effectiveness at fire operations. The training program shall be completed by June 30, 1997.

What Staffing Levels Are Required?

The City shall designate 60 engine companies to five firefighters staffing (C+60) and these companies may be reevaluated every three months. If any changes are to be made, appropriate notice shall be provided. All other engine companies not designated as five man companies shall retain five firefighters if they appear unless one of the 60 man companies requires a detail.

When May the Commissioner Possibly Suspend the 60 Company Guarantee?

In the event that firefighter avail-ability exceeds a “designated absence rate” for a 365 day period, the City will discontinue the staffing level of C+60 insuring a minimum of C+11or the number of firefighters who actually report for duty until the next month when the designated absence rate will be reviewed again. If the level is below 7.5%, the guarantee will be restored. If the level was between 7.5 and 7.6%, the fire commissioner, or his designee, shall have the discretion to determine whether to suspend the level or not. In the alternative, if the designated absence rate exceeds 9.2% over any 72 hour period or 10% over any 24 hour period, the commissioner shall have the discretion to suspend the C+60 staffing guarantee for a 72 hour period and return to a minimum of C+11.

Is the 96 Hours RSOT Guaranteed?

The 96 hours of roster staffing overtime promised in 1989 is guaranteed in the agreement.

Can I Keep RSOT Missed because of Line-of-Duty Medical Leave?

Firefighters missing any individual RSOT tour during a line-of-duty medical leave shall have such time rescheduled on like tours (e.g., week-end missed tour rescheduled on weekend); firefighter on long term medical leave (greater than 90 days) will have such tours rescheduled by the Office of Staffing Assignments over the remainder of the calendar year or during the succeeding calendar year.

Will I Get RSOT While On Light Duty?

Firefighters missing RSOT while on light duty for less than 90 days will have RSOT rescheduled to such time as when they are returned to full duty. However, firefighters carried on light duty beyond 90 days will make application for administrative RSOT as per current guidelines in PA/ID1-90.

Can I Carry RSOT to the Next Year Because of a LOD Injury?

If a firefighter cannot use all of their RSOT because of line-of-duty injury, it may be carried over into the next year with a maximum entitlement of 192 hours in any one year.

Can the UFA Fight the Terms of the Agreement?

With the exception of enforcement, the UFA waives any claims or right to file any grievances in connection with roster staffing. If any claim except enforcement is made, the agreement becomes null and void.

How is Overtime Equalized?

All overtime within a division will be equalized.

How Will Staffing Be Balanced Citywide?

The Department will ensure the most effective balancing of staffing in companies throughout the City to minimize the necessity of details of firefighters to other companies.

What does the settlement contain?

The settlement provides that subject to minimum manpower avail-ability levels, the Department will function at C+60. If medical levels exceed 7.5% over a 365 day average, then this commitment will be suspended until the next review at the beginning of the next month. If below 7.5%, the guarantee will be restored. The Commissioner has the discretion to suspend the guarantee if manpower availability is between 7.5% to 7.6% in the 30 day period. This decision will be based on activity or other factors. If manpower availability exceeds 9.25% in any 72-hour period, or above 10% in any 24-hour period, the guarantee will be suspended until the level is below 9.25% for a 72-hour period or below 10% for 24 hours. During a period of suspension, the reporting for duty levels will not go below C+11 and shall be based on those who actually report, i.e., C+35, etc.
If this agreement is violated by the City, the UFA will have the right to seek its enforcement in court.
All overtime within a division will be equalized.
Roster staffing overtime for fire-fighters injured in the line of duty would be protected, with the right to carry over missed RSOT into the next year. The existing ninety-six (96) hour RSOT opportunity guarantee is incorporated into the settlement.
Nine (9) hour OT tour for training.

What did we gain by formally resolving the roster staffing issue with the City?

We concluded long standing litigation (more than six years) to codify the number of engine companies within the Department that will start each tour with five (5) firefighters. By this settlement, we were able to:

Increase from C+0 to C+60 the guaranteed number of companies that will start each tour with five (5) fire- fighters.
Established, in writing, that regardless of the circumstances, the Department would man a minimum of C+11.
Codified, with enforceable powers, ninety-six (96) hours of roster staffing overtime.
Right to reschedule roster staffing overtime if missed because of line of duty injury.
Achieved nine (9) hours of training per member, on overtime.
Avoided the cost impact of the increased manpower being an issue in collective bargaining.
Agreement prevents City attempts to reduce the number of 5 firefighter engine companies for at least 10 years.

Why did we settle the case instead of continuing the litigation?

The sole issue before the hearing officer was whether there was a safety impact caused by the Department’s implementation of the roster staffing plan. If the Board of Collective Bar-gaining found an impact, after receiving a recommendation from the hearing officer, we would have had to negotiate with the City on the means of removing any adverse impact. By settling now, we accomplished the following:

Avoided the delay and need for possible new hearings after a new hearing officer was appointed.
Avoided the costs and uncertainty of further hearings before a new hearing officer.
Saved time and avoided the delay of waiting for a decision, possible appeals, and ultimately negotiating and/or arbitrating a resolution of the dispute.
Accomplished more protection and safety for our members now instead of years from now when the case would have been finalized.
Made our members eligible for additional minimum manning over-time.
Because of changing times, fiscal uncertainty and the difficulty of presenting as strong a case with different statistics compiled on recent safety data, we insured protection for our members now as opposed to the risks of rolling the dice and exercising our full legal avenues.
Achieved the settlement at no cost to our members, avoiding the costs of manpower increases being brought up in collective bargaining.
Locked in the 60 engine companies for a minimum of ten years.

What happens if the designated absence rate is surpassed?

During preliminary discussions with the late Professor Gellhorn, he expressed concern about dramatic medical leave increases during times of labor unrest. As a consequence, the City was concerned with providing safety for our members and, at the same time, incurring overtime in the event of what they perceive as a job action. By establishing sick leave utilization standards, the Department insured that it would not fund job actions and, at the same time, man-power levels would he guaranteed provided medical leave did not exceed levels which were expected to be met in the original roster staffing hearing in 1989. Regardless, if the guarantee is suspended, we will not be limited as levels will depend on the number of firefighters that do appear for work on each tour, with a guaranteed minimum of C+11. This minimum guarantee did not exist before the settlement.

When is the guarantee lifted?

If manpower levels are adversely impacted by medical leave in excess of 7.6% of the prior thirty (30) days, over a yearly average, the manpower levels will be impacted accordingly until medical leave is reduced to the designated level. The Commissioner will have the discretion of removing the guarantee if

the range falls between 7.5 and 7.6%. Nine and one-quarter (9-1/4%) percent will apply over a 72 hour period and 10% will apply over any twenty-four (24) hour period. If either of the latter two periods are reached, the guarantee will be suspended for at least 72 hours. Once medical leave is restored to the applicable level for 72 hours, the guarantees will be restored.

The City, on the first of each month, will review firefighter avail-ability for the preceding 365 days. In the event the levels of daily firefighter availability have not been maintained as a result of exceeding the “designated absent rate”, the City will discontinue the staffing level of C+60 for that month. The following month, another review of the preceding 365 days will occur. When that review results in a return to level at or below the designated absence rate, the City will resume staffing at C+60 within 24 hours.
The suspension of the C+60 guarantee during a seventy-two (72) hour or twenty-four (24)-hour period will be subject to the discretion of the Fire Commissioner or his designee who may, after consideration of relevant circumstances, including unusual levels of fire activity or sickness, may determine to waive this provision. There will be a 24 hour lag in either suspending or restoring the guarantee, with the 9:00 a.m. tour impacted first.

Why was a medical leave component added to the settlement?

During the hearings, the City concentrated on abnormal medical leave during periods of labor unrest. This was a concern of Professor Gellhorn during informal discussions with him and the City would not have agreed to any settlement without some protection in the event of abnormal absences.

Who will select the five (5) man companies?

Selection will be within the Department’s sole discretion.

How does this settlement equate to the 1989 roster staffing decision?

The promises made by the City to the hearing officer in 1989 were predicated on average medical leaves with the commitment that 85% of the time, B level (all 72 single house companies) would be maintained with 5 firefighters. This was based on lower medical leave averages than those contained in this agreement. After Roster Staffing began, 85% was never reached. This agreement, with enforceable rights, guarantees C+60.
The “designated absence rate” in the agreement is well above normal activity and substantially in excess of the 110.8 hours or other levels that the original roster staffing proposal was based upon. The increase in the projected hours makes up the difference in the percentages, but is comparable to the 1989 guarantees offered by the City.

When is the agreement of C+60 to go into effect?

January 31, 1996 at 9:00 a.m., exactly six years after roster staffing began.

What impact will the agreement have on detailing?

As a result of increased manpower levels, detailing will be greatly reduced. The Department has committed that it would rather not move firefighters during the tour unless absolutely necessary.

What happens during a tour if one of 60 companies go below five men?

There will be no further detailing as most detailing will occur at the start of the tour. However, if a company goes down to three men, detailing will come first from non-priority companies to bring the company back to four men.

RSOT Agreement Actual Contract Language

Stipulation and Agreement, entered into this 30th day of January, 1996, by the City of New York, the New York City Fire Department and the Uniformed Firefighters Association of Greater New York.

WHEREAS, the Uniformed Firefighters Association of Greater New York (“Union” or “Petitioner”) has initiated a safety impact proceeding docketed with the Office of Collective Bargaining, Board of Collective Bargaining as Case No. BCB-1265-90; and

WHEREAS, the ‘Cry of New York (“City”) and the New York City Fire Department (“Department”) (collectively “Respondents”) and the Petitioners, after hearings but before issuance of a decision, have mutually agreed upon a settlement of the instant matter without the necessity of any further proceedings; and

WHEREAS, the parties are desirous of resolving their differences and avoiding litigation, have had all the terms and conditions of this Stipulation clearly explained, and now freely consent to enter Into this Stipulation, such consent not having been induced by fraud, duress or any other undue influence; and

WHEREAS, the parties wish to further enhance safety at firefighting operations; and

WHEREAS, the parties recognize the need to maintain a consistent level of daily ‘firefighter availability as one of the means of effectuating the desired staffing levels. The parties further recognize that in addition to maintaining consistent levels of daily firefighter availability, additional staffing is needed to effectuate the desired staffing levels. This Stipulation will assist to accomplish this goal; and

WHEREAS, the settlement of the instant matter is in furtherance of sound labor relations in the City of New York;

IT IS HEREBY STIPULATED AND AGREED, by and among the parties hereto, as follows:

FIRST: Petitioner hereby withdraws, with prejudice, the scope of bargaining petition, docketed with the Office of Collective Bargaining, Board of Collective Bargaining as Case No. BCB-1265-90.

SECOND: All firefighters who graduated from the New York City Fire Academy prior to May 1, 1995 will receive an additional nine (9) hours of training to enhance their effectiveness at fire operations. This training program shall be completed by June 30, 1997,

THIRD: In recognition of the above, the Department will initially designate sixty (60) Engine Companies to be staffed with a fifth firefighter at the outset of each tour; I.e., staffing level of C+60. The designations of which engine companies will be staffed with five (5) firefighters will be based on the exigencies of the Department. Subsequent to the initial designations, the Department may review these designations on a quarterly basis. In the event that the Department changes these designations, they will provide notice prior to the implementation of those changes.

FOURTH: All Units Circular (“AUC”) Number 287 shall be amended to eliminate prioritization of engine company staffing except that the Department will ensure that sixty (60) engine companies will be staffed with five firefighters at the start of each tour. All other engine company staffing not so designated will remain at the maximum of five firefighters at the start of each tour.

FIFTH: The Department will ensure the most effective balancing of staffing in companies throughout the City to minimize the necessity of details of firefighters to other companies.

SIXTH: The Department, on the first day of each month, will review firefighter availability for the preceding 365 days. in the event that firefighter average medical leave exceeds the “designated absence rate” for the preceding 365 day period Department will discontinue the staffing level of C+60 and ensure only a staffing level of C + 1 I effective 09:00 hours the following day (the second day of the month). Such staffing level will remain in effect for the remainder of the month. The following month another review of medical leave for the preceding 365 days will occur. When a monthly review results in a return to a level at or below the “designated absence rate”, the Department will resume staffing at C+60 effective 09;00 hours the following day (the second day of the month). For the purposes of this agreement, the parties agree that the average medical leave of 7,50% is the “designated absence rate” and includes both line-of-duty and non-line-of-duty medical leave. In the event that the “designated absence rate” for the monthly review exceeds 7.50%, but is less than 7.60%, the suspension of the staffing level of C + 60 will be left to the discretion of the Fire Commissioner, or if so designated, the Chief of the Department.

SEVENTH: If firefighter medical leave for a 72 hour period reaches an average absence rate of 9.25% or greater for that period, or if the firefighter medical leave reaches an absence rate of 10.00% or greater for a 24 hour period, the Fire Commissioner, or if so designated the Chief of the Department, may, after consideration of relevant circumstances such as unusual levels of fire activity, temporarily suspend the C+60 staffing levels and ensure only a staffing level of C+ 11,

effective 0:900 the following day. In either case, at such time as the absence rate returns to an average below 9.25% for a 72 hour period, the Department will resume staffing at the C+60 level effective 09:00 the following day. In the event that the staffing levels are changed (e.g. from C+ 60 to C+ 11, or from C+ 11 to C+ 60), those changes shall remain in effect for a minimum of 72 hours; except the 72 hour minimum will not apply in those circumstances when the absence rate reaches 10.00% or greater In a 24 hour period and results in the suspension of the C+ 60 staffing level.

EIGHTH: This Stipulation includes by reference the commitment from the letter of November 28, 1989 from Robert

W. Linn, Director of Labor Relations to Professor Walter Gellhorn, as it relates specifically to the provision of the 96 hours of roster staffing overtime (“RSOT”).

NINTH: PA/ID 1-90) shall be amended to allow for the rescheduling of RSOT for firefighters as follows:

Firefighters missing any tours of RSOT due to line of duty, medical leave shall have such time rescheduled on like tours (e.g. weekend missed tour rescheduled on weekend) upon their return to full duty at the discretion of the Department as determined by the Office of Staffing Assignments (OSA).
Firefighters on long term medical leave for line of duty injuries (greater than 90 days) will have such missed tours rescheduled by OSA, upon their return to full duty, over the remainder of the calendar year or during the succeeding calendar year.
Firefighters expected to be on light duty for 90 days or less shall have any tours of RSOT rescheduled to such time when the firefighter returns to full duty. Firefighters carried over on light duty beyond 90 days will make application for administrative RSOT as per current guidelines In PA/ID 1-90.
In all cases, firefighters may not carry over RSOT beyond the succeeding year, i.e., the maximum entitlement of 192 hours in any one year.

TENTH: PAID 5-74 will be amended to provide for overtime equalization at the Division level rather than the Battalion level.

ELEVENTH: By entering into this Stipulation of Settlement, the Union agrees to waive its right to file any litigation or grievance regarding the Department Roster Staffing’ program as set forth in the case docketed with the Office of Collective Bargaining as BCB-1265-90, or with regard to the practical impact of this agreement until January 31, 2006. Should a court of competent jurisdiction or any other administrative entity, except for enforcement purposes, grant the right to initiate any such litigation or grievance within that time, this agreement will be terminated Immediately. Should litigation or a grievance commence, this agreement or any portion thereof shall not be admissible in any court proceeding or other administrative forum. After the expiration of this Agreement, January 31, 2006, the City in view of factors including, but not limited to changes in technology structural and non structural fires, and response time, may wish change staffing levels. In the event the City plans to make such changes, the parties will negotiate to the extent required by the New York City Collective Bargaining Law. Should differences between the parties arise, it is the intent of the parties to work expeditiously to resolve them.

TWELFTH: The petitioners, jointly and severally, RELEASE the City of New York and the respondents from any and all claims which they may now have or which they may have had heretofore in connection with their underlying dispute recited in the instant improper practice proceeding, docketed with the Office of Collective Bargaining, Board of Collective Bargaining as Case No. BCB- 1265-90. This release shall include any and all litigation, whether it be brought at law, In equity, or arising by virtue of the Agreement, except for the right of enforcement.

THIRTEENTH: This Stipulation of Settlement shall not be deemed an admission by any of the parties herein that it has violated a condition of employment and/or any provision(s) of the New York City Collective Bargaining Law or the Rules of the Office of Collective Bargaining, nor shall it constitute precedent for the determination of any other dispute between the City of New York and the petitioners. In this respect it Is expressly understood that the arrangement herein is predicated exclusively upon the special ‘circumstances of this matter and shall not be construed to represent any policy or procedure of the City of New York or the New York City Fire Department.

FOURTEENTH: This Stipulation of Settlement shall not be offered as evidence, nor introduced for any other purpose, in any other forum, including but not limited to, judicial, administrative, and/or arbitration proceedings EXCEPT in judicial proceedings for the sole purpose of enforcing the obligations and restrictions as contained herein.

Signed:

FOR: THE CITY OF NEW YORK

BY: JAMES F. HANLEY, ActingCommissioner, The City of New York, Office of Labor Relations

FOR: THE UNIFORMED FIREFIGHTERS ASSOCIATION OF GREATER NEW YORK

BY: THOMAS VON ESSEN, President, Uniformed Firefighters Association of Greater New York

FOR: THE NEW YORK CITY FIRE DEPARTMENT

BY: HOWARD SAFIR, Commissioner New York City Fire Department

Attachment A. [Monthly Review of Medical Leave]

January 30, 1996 Dear Mr. Von Essen:

This is to clarify paragraph sixth of the Stipulation of Settlement between the parties, dated January 30, 1996, resolving issues in Case # BCB-1265-90. The monthly review of medical leave will commence April 1, 1996.

Sincerely,

JAMES F. HANLEY, Acting Commissioner

THE CITY OF NEW YORK, OFFICE OF LABOR RELATIONS

Attachment B. [Additional 9 Hours Training on OT]

January 30, 1996

Thomas Von Essen, President, Uniformed Firefighters Association Dear Mr. Von Essen;

This is to clarify paragraph second of the Stipulation of Settlement between the parties, dated January 30, 1996, resolving issues in Case I/ BCB-1265-90. The additional nine hours of training will be scheduled on an overtime basis.

Sincerely,

JAMES F. HANLEY Acting Commissioner

THE CITY OF NEW YORK, OFFICE OF LABOR RELATIONS

Attachment C. [Medical Leave Calculation Formula]

January 30, 1996

Thomas Von Essen, President, Uniformed Firefighters Association Dear Mr. Von Essen:

This is to clarify paragraphs sixth and seventh of the Stipulation of Settlement between the parties, dated January 30, 1996, resolving issues in Case #t BCB-1265-90, The daily medical leave is calculated as follows:

Number of scheduled Firefighter hours missed due to medical leave divided by The product of the number of active Firefighters on payroll multiplied by 5.76*.

* The value of 5.76 represents the average number of hours a Firefighter is scheduled to work on a daily basis according to the current “25 Group Chart” pursuant to Section 15-112 of the New York City Administrative Code. The value is derived by dividing 144 (hours) by 25 (days).

Sincerely,

JAMES F. HANLEY Acting Commissioner

THE CITY OF NEW YORK, OFFICE OF LABOR RELATIONS

Annuity (Compensation Accrual Fund)

In accordance with our Collective Bargaining Agreements, the City makes deposits every 28 days into this fund, which is administered by a professional investment company, and managed by the UFA Board of Trustees.

Members may direct via telephone, or the web, how the funds in their individual accounts are invested 24/7, and may withdraw only upon retirement. Quarterly statements are mailed to members’ homes. The below Appendixes B & C are excerpted from the Uniformed Firefighters Association Compensation Accrual Fund Collective Bargaining Agreement with the City.

See Retirement & Money Book (Investments & Financial chapter: Compensation Accrual Fund -Annuity) for info on how to direct your investments.

Appendix ‘B’ (Dollar Amounts)

The City agrees to provide and the Union agrees to accept on behalf of each incumbent Covered Employee, whether an Union member or not, for the period from June 1, 2000 through May 31, 2002, on a 28-day cycle basis, a pro-rata daily contribution for each working day for which such employee is paid by the City, which amount shall not exceed the amounts specified below for each employee in full pay status in the prescribed twelve (12) month period. Such sum is to be paid by the Uniformed Firefighters Association into the trust fund known as the Uniformed Firefighters Association Compensation Accrual Fund.

From June 1, 2000

to May 30, 2002:

Class of Positions or Detail

Maximum Per Annum Amount

Title Code

Firefighter $522 70310

Fire Marshal (Uniformed) $522 70392

From May 31, 2002

to May 31, 2002:

Class of Positions or Detail

Maximum Per Annum Amount

Title Code

Firefighter $1044 70310

Fire Marshal (Uniformed) $1566 70392

Appendix ‘C’ (Eligibility)

Firefighters, Fire Marshals (Uniformed) and Wipers (Uniformed) Eligibility for Coverage:

All persons employed in all grades as a Firefighter, Fire Marshal (Uniformed) or Wiper (Uniformed) for whom the City is obligated to make a contribution to the Fund.

Eligibility for Benefits:
1. Payable upon retirement,
2. Payable at anytime upon death.
3. Payable upon resignation or dismissal.
Amount of Benefits: Benefit is based on the total amount of the City’s contributions, made on behalf of any eligible member and the net investment yield earned on all money invested by the Fund during a fiscal year (January 1st through December 31st). This allocated on a uniform basis.
Guarantee: If an employee who is receiving payments from the Fund dies before receiving the total amount of money due to his Individual Account, his designated beneficiary will receive the remainder of his payments.
Vesting: 100% vesting on all City contributions and investment income, less expenses.
Type of Fund: Self-Insured Trust.
Provisions for Plan Amendment and Termination: Plan may be amended by the Board of Trustees subject to terms of the agreement to which this appendix is annexed. No amendment retroactively decreases an employee’s accrued rights, permits any departure from the prohibition against diversion of Trust Fund assets for purposes other than the exclusive benefit of employees covered by the Plan. In the event of termination, no Trust Fund assets revert to the participating employers or the Union.

Security Benefit Fund (SBF) Agreement

Overview

This section contains the actual Active SBF contract with the City, as written. City contributions into the Active SBF, which accrue on a per diem basis, pay for active member supplemental health & benefits, including prescription drugs, optical, dental, hearing aids, certain medical riders and other benefits. City contributions into the UFA Retired SBF (a separate fund from the Active SBF), pay for post 1971 retired member supplemental health & benefits, including prescription drugs, optical, dental, hearing aids, certain medical riders and other benefits, though it differs somewhat from the Active SBF.

See Health Book (Security Benefits Fund chapter) for more info about specific Active & Retired SBF benefits.

The SBF Agreement Reproduced

THIS AGREEMENT, entered into on this 30th day of September, 2002 between the City of New York, acting by the Commissioner of the Office of Labor Relations, (hereinafter referred to as the “City”) and Uniformed Firefighters Association, acting by its President, (hereinafter referred to as the “Union”).

WITNESSETH:

WHEREAS, as a result of collective bargaining between the City and the Union, which resulted in an election to receive the contributions, in accordance with the terms of the collective bargaining agreement between the Uniformed Firefighters Association and the City of New York dated September 11, 2003 (hereinafter referred to as “the Unit Agreement”) and the Health Benefit Agreement, dated January 11, 2001, it was agreed that for the period June 1, 2000 through May 31, 2002 the City will provide the annual specified sums for each such covered employee to the Security Benefit Fund of the Uniformed Firefighters Association; and

WHEREAS, the Union has established the Security Benefit Fund of the Uniformed Firefighters Association (hereinafter referred to as the “Fund”) to provide the benefits hereinafter set forth for each covered employee; and

WHEREAS, the Union has been certified as the exclusive bargaining representative for, employees of the City in the titles listed in Appendix “A” of this Agreement (hereinafter referred to as “covered employees” or “covered titles”) and as a result of collective bargaining between the City and the Union, and in accordance with the terms of the Unit Agreement between the City and the Union, this Agreement is made applicable to the employees in such titles; and

WHEREAS, the terms of this Agreement provide for payments into the Fund for the purpose of providing certain supplementary benefits to each such employee; and

WHEREAS, the City shall make payments to the Fund so as to provide certain supplementary benefits to covered employees in the positions listed in Appendix “A” of this Agreement, and

WHEREAS, it is in the public interest that the covered employees, whether or not members of the Union, receive such supplementary benefits to the extent specified in this Agreement; and

WHEREAS, the Union agrees to receive such payments made by the City pursuant to the Unit Agreement and this Agreement, on behalf of, and for the benefit of the covered employees; and

WHEREAS, the City is making contributions to the Fund on behalf of covered employees, therefore the Fund itself shall be subject to review by the Comptroller. NOW THEREFORE, the Parties hereto mutually agree as follows:

(a). This Agreement is entered into for the benefit of each full time per annum employee of the City of New York whether or not a member of the aforesaid Union, actively employed in the covered titles in pay status, and each such covered employee shall have a right to enforce the obligations of the Union and/or the Fund under the terms of this Agreement. As used in this Agreement, “covered employees” shall be defined as those employees actively employed and in pay status, regardless of whether the employee is a member of the Union, in the titles listed in Appendix “A” of this Agreement.

Effective July 1, 2001, “Covered Employees” shall include widows(ers), domestic partners, and/or children of any employee who dies in the line-of-duty as that term is referenced in section 12-126(b)(2) of the New York City Administrative Code.

The Union agrees that it shall establish the Fund to benefit covered employees.
1. (a). The City agrees to provide and the Union agrees to accept on behalf of each covered employee, whether or not a Union member, the amounts set forth in Appendix “B”.

The amounts set forth in Appendix “B” shall be provided by the City to the Union for each covered employee (or pro-rata share thereof applicable to each such covered employee employed during the term of this Agreement for a period less than the full term of this Agreement), to be paid by the Union into the Fund. The Union agrees to provide from such Fund, for each such covered employee for whom such sums are paid, the supplementary benefits described in Appendix “C”, annexed to this Agreement, for the period covered by this Agreement, as if all such covered employees were members of the Union, and/or such other supplementary benefits as may be mutually agreed upon between the City and the Union.

It is hereby agreed that the Director of the Office of Management and Budget will recommend to the Mayor, and City Council that appropriations for the period covered by this Agreement be included in the budgets or budget modifications applicable to such period.

The supplementary benefits described in the schedule marked Appendix “C”, annexed to this Agreement, shall not be reduced except as may be mutually agreed upon between the” parties hereto. If the Fund unilaterally reduces such benefits, the Fund shall be required to restore all reduced benefits, and reimburse any member for costs incurred during the time the benefits were reduced.

All expenditures from such Fund shall be subject to periodic audit by the Comptroller of the City of New York.
Every twenty-eight (28) payments of the amounts described in section 2 (a) will be made in accordance with the following procedure. Every twenty-eight days a pro-rata share (28/365) of the annual amount for each employee covered by this Agreement whose name appears on the City payroll during that twenty-eight (28) day period as a “covered employee”, who was on full pay status for the entire twenty-eight (28) days, will be paid for the twenty-eight (28) day cycle within the terms of this Agreement as provided herein. A pro-rata deduction, 1/365 of the annual amount, will be made for each day during the twenty-eight (28) day period for which the covered employee was on less than full pay status. The amount due to the Union every twenty-eight

(28) days will be computed by multiplying the number of covered employees whose names appear on the City payroll by the applicable pro-rata amount due, as set forth above, on behalf of each employee. As used in this Agreement, the “City payroll” shall be defined as the list provided by the Office of Payroll Administration, or any other list accepted by the parties to this Agreement, which is used to calculate the number of covered employees for whom payment to the Fund should be made.

Contributions on behalf of widows(ers), domestic partners, and/or children of any employee who dies in the line of duty as that term is referenced in section 12-126(b)(2) shall be made on a quarterly basis based upon the number of months each survivor continues to be remain eligible. The monthly payment rate shall be based upon the annual amount set forth in Appendix “B.”

2(d)(i). The City and the Union agree that payment of the gross applicable amount computed as provided in section 2(c) will constitute full and complete payment to the Union for that twenty-eight (28) day cycle. The Union shall have ninety (90) days from receipt of such payment to reconcile the City payroll, as defined in section 2(c) above, with its own records, and report such errors to the City. If such errors are not reported to the City within the prescribed ninety (90) day period, the Fund will not receive a retroactive contribution for the period prior to the time such error is reported to the City. The Fund, however, will be required to provide the appropriate benefits to such employee(s) even if a time period exists in which the Fund did not receive City contributions.

2(d)(ii). In the event that a covered employee is included on the City payroll, but the City does not submit payment on behalf of such employee, the Union shall be entitled to a contribution on behalf of such employee, if the Union reports such errors to the City within ninety (90) days of receipt of the payment for that twenty- eight (28) day cycle in which the omission occurred. As such, the Union will not be required to return overpayments to the City, and the City will not be required to pay to the Union any underpayments, except in this referenced instance and as stated above in paragraph 2(d)(i). The foregoing will not be construed to bar adjustments resulting from correction of errors made pursuant to section 12 of this Agreement.

The Union agrees to provide from the Fund for each covered employee the supplementary benefits described in the schedule annexed to this Agreement marked Appendix “C”, for the period of employment with the City of each such covered employee during the term of this Agreement, whether or not any monthly payment or payments made to the Union pursuant to the formula prescribed in section 2(c) of this Agreement actually included the full sum prescribed by Appendix “B” on account of such employee during the twenty- eight (28) day cycle for which such payment or payments are made.
It is further understood and agreed by the parties to this Agreement, that such Fund will be held and managed by the Trustees thereof, under the terms and provisions of a Declaration of Trust or Trust Agreement or other instrument to which the Trustees and the Union will be the parties. The Union hereby further agrees

that nothing in said Declaration of Trust, Trust Agreement or other instrument shall be inconsistent with or contradict any of the terms and provisions of this Agreement.

2(g).The said Declaration of Trust, Trust Agreement or instrument, referred to in subdivision (f) hereof, shall include the following provisions:

The Trustees of the Fund shall be responsible for the maintenance of accurate records of its books and accounts and related records that will enable the Fund to prepare complete and auditable statements on an accrual basis of accounting in conformance with generally accepted accounting principles.
The Trustees of the Fund shall file in the Office of the City Comptroller within nine (9) months after the close of the fiscal year used in maintaining the records of such Fund, the annual submission of such Fund, executed in duplicate, subscribed by its Trustee, or if there is more than one Trustee, then by at least two of such Trustees affirmed by such Trustees as true under the penalties of perjury, showing its condition and affairs during such fiscal year. Such submission shall be in such form and contain such substantiation by vouchers and otherwise and such other information as prescribed by the City Comptroller’s Internal Control and Accountability Directive #12, Employee Benefit Funds – Uniform Reporting and Auditing Requirements, which may be changed from time to time.

Nothing in this paragraph shall prohibit the filing by the Trustees of any statement or report, with the Office of the City Comptroller, in partial or full compliance with the terms of this paragraph, provided that such statement or report is required to be and has been filed with any other agency pursuant to any New York State or Federal Law, and the City Comptroller consents in writing to such partial or full substitution.

The Fund shall be audited annually by a certified public accountant to be selected by the Trustees of the Fund and at the expense of the Fund. The results of such audits shall be issued and submitted to the Comptroller of the City of New York within nine (9) months after the close of the Fund’s fiscal year. Such Fund shall be subject to further audit by the Comptroller.

The Fund shall maintain adequate fiduciary insurance or a fidelity bond to cover the Trustees. The acquisition of fiduciary insurance or fidelity bond is required within thirty (30) days of a Trustee’s appointment.

The Trustees of said Fund shall, annually, within nine (9) months after the close of the fiscal year used in maintaining the records of the Fund, file a report with the City Comptroller, to be known as the Annual Report to Fund Membership, subscribed by its company, hospital, surgical or medical service plan or any other entity providing benefits to such Fund, or with any corporate trustee or agent holding or administering all or part of such Fund, shall provide that within nine (9) months after the end of each policy or fiscal year, such company, other entity, plan, corporate trustee or agent will furnish to the Trustees of the Fund a statement of account setting forth such information relating to the Fund as the Trustees of the Fund may need in order to comply with the requirements of this Agreement. Nothing in this paragraph shall prohibit the filing by the Trustees of any statement or report that is required to be and has been filed with any other agency pursuant to any New York State or Federal Law and for which the City Comptroller consents in writing to such partial or full substitution.
The Trustees of the Fund shall be responsible in a fiduciary capacity for all money, property or other assets received, managed or disbursed by them, or under their authority, on behalf of such Fund.
The Fund, the Union, each Trustee of the Fund, and every other officer or employee of the Fund or of the Union is prohibited from receiving directly or indirectly any payment, commission, loan or other thing of value from any insurance company, insurance agent, insurance broker or any hospital, surgical, dental or medical service fund, any other entity or any corporate trustee or agent, holding or administering any part of the Fund in connection with the solicitation, sale, service or administration of a contract providing employee benefits for such Fund; and from receiving any payment, commission, loan service or any other thing of value from such Fund, either directly or indirectly except that any such person may receive any employee benefits to which he is otherwise entitled, and any such Trustee or other officer or employee of the said Fund may receive from such Fund reasonable compensation for necessary services and expenses rendered or incurred by him in connection with his official duties as such; provided that nothing contained in this subparagraph shall affect the payment of any dividend or credit or other adjustment due under the terms of any insurance or annuity contract.
The Trustees of the Fund are prohibited from employing or retaining or continuing to employ or retain any person if such employment or retention involves a conflict of interest which is not in the best interests of the Fund or adversely affects the interests of the covered employees, provided however, that the Trustees may require, authorize or approve any transaction otherwise prohibited by this subparagraph upon a finding, expressly set forth in the resolution requiring, authorizing or approving such transaction or transactions, that the transaction or transactions promote or will promote the best interests of the Fund and do not or will not adversely affect the interests of the covered employees.
The Fund shall not pay any premium on a covering policy except by check payable to the insurance company directly.
No political or charitable contributions shall be made directly or indirectly from the Fund.
Such other provisions as may be necessary or desirable to effectuate the purpose of this Agreement.
The Fund, the Trustees and/or the Union must advise the City, through the Office of Labor Relations, of any lawsuits, investigations or administrative actions brought against the Fund, the Trustees and/or the Union on behalf of the Fund within thirty (30) days of notice that such lawsuit, investigation or administrative action has been commenced.
The Union agrees to comply with all City, State or Federal laws applicable to said Fund and to take all steps necessary for such compliance.
The obligation of the City for each covered employee shall in no event exceed the annual sum or appropriate pro-rata share thereof specified in sections 2(a) and 2(c) hereof, irrespective of any upward modification, by reason of increase in costs, increase in insurance premium, other insurance penalty, addition thereto of any other benefit, or for any other anticipated or unforeseen reasons and the amount of contributions by the City during the term of this Agreement shall be limited solely to the payment of the aforesaid annual or appropriate pro-rata sum as provided herein.
The Union agrees that the City shall not be liable for any delay in any payment due the Union under this Agreement which delay is caused by any action which is beyond the City’s control, such as an act of God, vandalism, natural disaster, theft or other such act which is beyond the City’s control.
The Union hereby agrees that the City and/or its officials and employees individually and collectively shall not be liable for any mistake, error of judgment, embezzlement, defalcation or any other wrongdoing or misfeasance, whether intentional, negligent or otherwise, or any other act of omission, commission, misfeasance or malfeasance of the Trustees and/or the Union or any of its officers or agents or employees in the receipt, and/or in the operation or administration of the Fund and/or for any failure or omission of the Union, for any reason whatsoever, to carry out the terms of this Agreement in part or in whole for the benefit of each such covered employee.

The Union hereby further agrees to hold the City of New York and/or its officials and employees harmless against any claim whatsoever (except for default of the City with respect to its obligations under this Agreement) arising out of the receipt and/or transmission of the aforesaid annual sums and/or in the operation or administration of such Fund or out of the failure or omission of the Union for any reason whatsoever to carry out the terms of this Agreement in part or in whole for the benefit of each covered employee.

The Union or the Fund shall be responsible for publicizing and disseminating information concerning the Fund to all Employees covered under this Agreement, whether or not they are members of the Union. Such information shall include information related to the following:
Benefits provided for under this Agreement;
Eligibility requirements;
Procedures for obtaining benefits and/or filing claims;
Enrollment forms and procedures for enrollment;
Where and when additional information may be obtained concerning such benefits.

The Employer shall distribute to all newly hired employees information regarding their Union administered health and security benefits, including the name and address of the Fund that administers said benefits, provided such Fund supplies the Employer the requisite information printed in sufficient quantities.

Procedures involving the administration of benefits shall be submitted by the Union to the Office of Labor Relations for approval within thirty (30) days after the execution of this Agreement. Approval by the Office of Labor Relations shall be a condition precedent to any obligation on the City to make contributions to the Fund during the term of this Agreement. Any changes in such procedures must be approved by the Office of Labor Relations prior to implementation. As used in this Agreement, “procedures” shall include criteria for coverage, method for enrollment, appeals process and benefits offered by the Fund.
Disputes between the City and the Union concerning the interpretation, application, or alleged violation of this Agreement shall be submitted for arbitration in accordance with the procedures for arbitration set forth in section 12-312 of the New York City Collective Bargaining Law. However, any issue or dispute concerning the interpretation, application or alleged violation of sections 2(g), 4, 7 and 12 of this Agreement shall not be subject to arbitration. Neither underpayments nor overpayments resulting from the application of sections 2(c), 2(d)(i) and 2(d)(ii) shall be subject to arbitration, or any right of recovery in any other forum.
To the extent that any provision with respect to the welfare funds set forth in the Unit Agreement between the City and the certified Union, or any provision in a Labor Relations Order, or other Order of the Mayor, is inconsistent with this Agreement, it is superseded by this Agreement.
It is understood and agreed that the definition of covered titles or covered employees may be modified as required, to provide for the correction of errors, including the addition or deletion of titles, the addition of new titles to be covered by the terms of this Agreement and the deletion of titles no longer to be covered by the terms of this Agreement, any such modification to indicate the effective date of said modification, provided, however, that no new titles will be added to the definition of covered titles or covered employees during the period of coverage of such titles by another existing welfare fund agreement, and provided, further, that in the event of deletion of titles because of decertification of the Union certified to represent such titles, which Union had elected to be bound by this Agreement on behalf of such titles, and of certification of another union as the bargaining representative of employees in such titles, such newly certified union may enter into an agreement with the City to provide welfare benefits for employees in such titles for a period subsequent to the date such titles were deleted from the definition of covered titles or covered employees in this Agreement.
The Union represents that as the certified bargaining representative of the employees in the titles listed in Appendix “A” it will receive the contributions provided in the Unit Agreement and in this Agreement, and the Union further acknowledges that the payment by the City of the amounts provided in Appendix “B” of this Agreement pursuant to the procedures set forth in section 2(c) are paid in reliance upon such representation by the Union and the Union agrees that it will hold the City harmless from any harm or detriment to the City occurring as a result of reliance by the City on such representation.
Any other Union entitled to a welfare fund contribution for employees of the City, may elect to participate in the Fund upon completion of an agreement with the Union, to so participate, and further upon notifying the Office of Labor Relations by letter to be countersigned by the Union of such election to participate and, further upon acceptance by the City of such election and participation. Welfare fund payments shall be made on the same basis, as herein provided, for such employees who are members of the petitioning union to the Fund. All other provisions of this Agreement shall be applicable.
The City shall continue to have the right to review and approve the distribution of funds to and the level of benefits provided by the Fund.
The term of this Agreement shall be from June 1, 2000 through May 31, 2002.

DATED: 9/30/03

FOR: THE CITY OF NEW YORK, signed by

James F. Hanley

JAMES F. HANLEY

Commissioner

Office of Labor Relations

FOR: THE UNION, signed by

Stephen J. Classidy

STEPHEN J. CASSIDY

President

Uniformed Firefighters Association

Appendixes follow on next page.

APPENDIX ‘A’

Title Title Code Number

Firefighter 70310-00, 01

Fire Marshall (Uniformed) 70392

APPENDIX ‘B’

In accordance with the Health Benefit Agreement and applicable unit contract, the City agrees to provide, and the Union agrees to accept on behalf. of each Covered Employee, the following amounts for the following specified periods of time:

From June 1, 2000 through May 30, 2002 the annual sum of $1125.00 and effective May 31, 2002, the annual sum of $1325.00.

On January 11, 2001, there shall be a $125 one-time lump gum payment to each welfare fund on behalf of each full time per annum employee who is eligible for welfare fund benefits on the date of execution of this agreement.
On July 1, 2001, there shall be a $100 one-time lump sum payment to each welfare fund on behalf of each full time per annum employee who is eligible for welfare fund benefits on July 1, 2001.
On January 11, 2001, there shall be a $50.00 one-time lump sum payment to each welfare fund on behalf of each full time per annum employee who is eligible for coverage by a welfare fund that provides a prescription drug benefit.
On July 1, 2001, there shall be a $75.00 one-time lump sum payment to each welfare fund on behalf of each full time per annum employee who is eligible for coverage by a welfare fund that provides a prescription drug benefit.

APPENDIX ‘C’

Appendix C is a copy of the UFA SBF Benefits Summary Book.

See Health Book (Security Benefits Fund chapter) for a copy of this information, which details the benefits supplied by union using the funds contributed by the City into the SBF.