Grievances

GRIEVANCE REPORT

UPDATED 03/08/2017

Continous Overtime grievance.

Members who work OT at other stations and clock out and then clock in need to fill out this form and either email to 3621@uemso.com or mail to 4709 30th Street, Suite 300, LIC, NY, 11101

continous ot waiver

Impact Bargaining

Improper Practice

(Pending) Step II Grievances

 

(Pending) Step III Grievances

(Decision Pending) Step III Grievances

(Pending) Arbitration Grievances

Three year challenge recertification program: On March 1, 2012 the Dept. discontinued the Five year recertification program and implemented a Three year challenge recertification program. The Union considers this action to be a violation of our contract and we are pursuing legal action.

June 1, 2012: The City has refused to conduct a Step III hearing. The Union has filed for an arbitration hearing.

Station 43 Coney Island) # 46477 : There are many violations noted. During a walk through on 11/19/09 more violations were discovered and added to the grievance. On 11/25/09 we are scheduled to appear at OLR for a Step III hearing in regards to these violations.

On November 25, 2009 a Step III hearing was held in regards to the Safety and Health violations that exists at Station 43. We were successful to get on record the department to acknowledge that these violations do exist. We acknowledged the city has begun to address some of the violations at Station 43 but with the amount of time that has past more should have been completed. The department has agreed to correct these violations and conduct another walk through in approximately two weeks. All parties agreed to meet again at OLR in forty-five days to discuss what progress has been made.

April 27, 2010: Repairs and renovation continues at Station 43. We are satisfied that our issues are being addressed. We will continue to monitor the progress until completion.

On August 26, 2010 a health and safety inspection of Station 43 was conducted. There were many renovations and repairs completed. The three major issues that need to be addressed are the huge cracks on the walls, no hot water in the ladies bathroom and paving to repair pot holes and drainage problems in front of the station. We will continue to monitor the progress until completion.

On November 22, 2011; A health and safety inspection of Station 43 was conducted. Its been over a year since the last inspection and there are still serious cracks throughout the station, drainage problems and potholes that still need to be repaired. The Local has decided to pursue arbitration to resolve these health and safety issues. DC37 Legal has assigned Attorney Dena Mikhail.

Continuous Overtime # 47982 : In February 2011 the department began a practice of refusing to pay overtime to members that work at different stations. Members that work their regular shift and then proceed to work at another location for overtime should continue to be on the payroll.

Example: A member is working their regular shift, 6AM to 2PM at station A. After their regular shift the member works overtime at station B from 2PM to 10PM. The member should receive 8 hours of minute for minute overtime as specified in our contract.

Remember all overtime is ordered. When a member has completed their regular tour they are an FDNY resource being redeployed to another location and therefore obligated to report to that location. The mode of transportation used is irrelevant to the payment of a member’s wages.

Until this issue is resolved members should keep track of and continue to put in for the full amount of OT. If any portion is denied submit a payroll inquiry. During this period you should fax all denials and any pertinent paper work to the Union office (fax # 718-371-6051). Whether you are paid or still denied it is important you report and fax the results to the Union. 

Any member, who has worked their regular tour, clocked out and then clocked back in, to work OT at a different Division, Station or location. Should keep track of the time of occurrence. Then call the union office at 718-371-0310 during office hours to add yourself to the continuous overtime grievance list. 

On October 5, 2011: A Step III hearing was held at the Office of Labor Relations. The Dept. maintains their position that members should not be paid to work at different locations. We have tried many times to negotiate and or compromise with the Dept. but unfortunately they have refused to negotiate. This grievance will be sent to our Legal Dept. to prepare for arbitration.

February 25, 2012 The Union has filed for arbitration. DC37 has assigned Attorney Dena Mikhail to the case.

The arbitration hearing was scheduled for November 11th but has been rescheduled due to hurricane Sandy.

Station 40 (Bay Ridge) # 46837: There are four violations that need to be addressed. They are no secondary egress for the second or third floor, no gas detection monitor in the kitchen, the front door is part of a roll down gate with a trip hazard and the Lieutenants office fails to meet ergonomic standards.

On April 21, 2010; a step III hearing was held to discuss the violations that exists at EMS Station 40. The City and the Department has failed to provide the Union with a decision or response. We have filed for arbitration. DC37 Legal has assigned Attorney Dena Klein to the case.

On January 9, 2012; a hearing regarding secondary egress at station 40 was held at the Dept. of Labor headquarters. We are now waiting for a decision.

Out of Title ( Drills ) # 46649: Members are performing duties of an Instructor by teaching and conducting drills at the stations. These additional out of title duties were implemented when the Dept. began the Five year recertification program.

As of April 21, 2010 no response or decision has been received from the City or department. The Union has filed for arbitration. DC37 has assigned Attorney Dena Klein to the case.

Arbitration hearings are scheduled for August 12, 16, November 29 & 30th 2011 and January 30, 2012. More information will be disseminated once it becomes available.

Jan. 30, 2012 The Union has completed and rested their case. The Department has requested an adjournment to reschedule the hearing for another date.

On March 1, 2012 The Dept. discontinued the Five year recertification program and implemented a Three year challenge recertification program. This action is a violation of our contract and we are pursuing legal action. This grievance is currently held in abeyance until this issue is resolved or an agreement may be reached.

(Pending) Arbitration Decision

Out of Title (Division Lt.) # 46836: The Lt.’s job description states they are to perform their duties within their assigned geographical area.

Out of Title # 46836: Lieutenants performing the day-to-day operations of a station without the direct supervision of a Captain.

On April 21, 2010 a step III hearing was held to discuss these grievances with the City and the Department.

As of July 15, 2010 We have not received a response or decision from the City or department. The Union has filed for arbitration. DC37 legal department has assigned Attorney Aaron Amaral to the case.

June 29, 2011 the arbitration hearing has begun.

Sept. 23, 2011 we are in our second day of hearings. More information will be disseminated once it becomes available.

Feb. 29, 2012 we completed our third day of hearings and both sides have rested their case. The Attorneys will submit their legal briefs by April 25, 2012 and we can expect to receive a decision sometime in October 2012.

(Concluded) Step II Grievances

Vacation Relief Lieutenant (Lt.): The Department has begun a practice of assigning Lt.’s to a Division to perform vacation relief duties. Meetings have been scheduled to address the need to establish rules and procedures for this new position. Some concerns are with; alternative scheduling, lockers, seniority, station assignments and transportation.

There was a Labor Relations meeting on May 4, 2011 in regards to this new position. Some of our concerns were; alternative scheduling, lockers, seniority and station assignments. Since the meeting the Department has presented evidence that addresses our concerns.

A) Alternative scheduling; we were given schedules from every Division. Each schedule has a V/R Lt. assigned to a steady tour and platoon.

B) Evaluations; the Division Captain or the Commanding Officer that supervises the V/R Lt. for the longest period of time will be responsible to evaluate the Lt.

C) Lockers; every member should have a locker. If they don’t they should speak with their Captain and request one.

D) Station assignments; when a vacancy occurs members should submit a request to the Division Commander. Past practice provides senior members preference for the vacancy.

(NOTE: A true vacancy occurs when a member has been out for ninety or more days. That member may then be reassigned to the Division).

If the procedures A – D are not being followed contact the Union office.     

EMSC OGP Order 111-01 Power Generators (Out of Title / Health & Safety)  The Union has filed an inquiry regarding this order. We are concerned for the safety of members attempting to comply with this order injuring themselves or others.   

On November 24, 2010 the Department changed OGP Order 111-01 Power Generators. The new order states the Commanding Officer is responsible to notify the FDNY Facilities Unit to ensure maintenance and service of the station’s power generator is performed.

Alternative Work Schedules: Members being ordered to work different tours each week.

It appears after several meetings with the Department the practice of alternative work schedules has been discontinued. The Local will continue to monitor and address this issue if it occurs again.

Division 5 Involuntary Transfers # 47947 : A Step III grievance was filed but no response was received. This grievance was immediately sent to our Legal Dept. to be scheduled for arbitration. DC37 Legal has assigned Attorney Dena Mikhail.

On February 1, 2012 the grievants were transferred back to their original assigned stations.

(Concluded) Step III Grievances

A B C Platoon Overtime # 46086 : EMS Officers not receiving overtime compensation for pay week period (Sun-Sat) for anything less then 1 hour. This is a violation of the Unit and Citywide contracts.

On July 23, 2009 at the step III hearing the department claimed our members don’t receive overtime for the first hour because we are FLSA exempt. Our position was explained. There is nothing in the FLSA that states we can’t receive overtime on a minute for minute basis. The unit contract states our members will receive overtime payments minute for minute unless it violates the FLSA law. The FLSA doesn’t state receiving overtime payments would violate the Law. The Union’s positions is regardless whether or not we are FLSA employees. We are entitled to overtime payments minute for minute according to our contract.

On August 23, 2009 We were told by the department that OLR agreed with our position and according to our contract we are to be paid overtime minute for minute. UEMSO Members assigned to A, B and C platoons that weren’t paid will receive payments and corrections will be made to city time.

On January 7, 2010 the department issued a Command Order correcting the the payment procedures for members assigned to the A, B and C platoon work chart.

No Air Conditioning in Command Cars # 47158: The Department has failed to provide our members with a safe working environment. Mandating our members to work in extreme heat and humidity without providing a way to obtain relief. Failure to provide air conditioning violates our contract and NYC policy, rules and regulations of the maintenance of temperature for all city buildings and work environments. When our members are assigned to an emergency they must wear Bunker style PPE gear to the assignment and for the hours at the assignment, only to be ready to respond to the next emergency once the current one is completed. Additional concerns are how the heat effects the medications and life saving equipment carried in command vehicles. Medications may become ineffective and equipment such as defibrillator pads may liquefy.

October 21, 2010: A step III hearing was held at the Office of Labor Relations. The hearing officer was presented with evidence that demonstrated the Department has failed to provide our members with a safe working environment and has violated our contract by not maintaining the air conditioning (a/c) system in the vehicles. We also explained how this failure violates the work place violence policy. When the a/c fails to operate the officer is forced to roll down the window which eliminates the only barrier of protection from anyone on the outside.

The Dept. has replaced older vehicles with new vehicles that are equipped with air conditioning.

As of February 6, 2012 this grievance will remain adjourned.

 

(Concluded) Improper Practice Suit

Freelance Evaluations: Employees are to receive quarterly evaluations during the first year in title also known as the probationary period. After the first year all members are to receive an annual evaluation. The department has begun a practice of issuing evaluations anytime during the year.

February 15, 2011: On October 29, 2010 the Local filed an improper practice suit. Since the suit was filed there have been ongoing negotiations with the city and the DC37 Legal department. If we can not reach an agreement the Local will continue with the improper practice suit.

June 29, 2011: Summary of Decision; The Union filed an improper practice petition alleging that the City and FDNY violated NYCCBL 12-306(a)(1) and (4) by unilaterally changing the procedure for completing performance evaluations of two members of the EMS Command. The City and the FDNY contended that the decision to increase the frequency of performance evaluations falls within the management rights clause of the NYCCBL and that such change is not a mandatory subject of bargaining. The Board found that conducting an employee review on a more frequent basis than prescribed in FDNY policy was a procedural change which affected the employee, and IS A MANDATORY SUBJECT OF BARGAING.

However, the second performance evaluation written on a Division Memo the Board determined since it was not an actual performance evaluation form management was within their rights to issue the memo to the employee as a form of communication. The memo would not be placed into the employee’s file.

Overall: The Board GRANTED the first petition and has ordered the evaluation be removed from the employee’s file. The second petition; the Board acknowledges the right for management to communicate to an employee regarding their work performance utilizing a Department Memo so long as the Memo DOES NOT BECOME PART OF THE EMPLOYEE’S FILE OR RECORD. The case is now closed.

Click here to view Improper Practice Evaluation Suit

(Concluded) Arbitration Grievances

Certificate Of Fitness (COF) # 47415 : In the city of New York personnel assigned to a facility must possess a COF if they are expected to dispense or store fuel, operate an air compressor and or store compressed gases such as air tanks and oxygen. EMS Officers who are responsible for EMS facilities are not trained or certified. This presents a health and safety hazard and or violation. A Step III hearing is scheduled for September 30, 2011.

On September 30, 2011 we were notified the Department made another request to reschedule the Step III hearing. The Local has decided to send this grievance to our Legal Department to prepare for further legal action.

November 11, 2011 The Union has filed for arbitration. DC37 Legal department has assigned Attorney Aaron Amaral to the case.

On February 25, 2012 We were notified the first arbitration hearing date is scheduled for September 25, 2012.

The second arbitration hearing was scheduled for November 15, 2012 but has been rescheduled due to hurricane Sandy.

On August 15, 2013 we have met and concluded the Certificate of Fitness arbitration hearings. Our attorney has submitted the legal brief we now wait for the arbitrator’s decision.

On November 26, 2013 the arbitrator Dennis Campagna Esq. has found and concluded the grievance is sustained.
The Fire Department of the City of New York has failed in its obligation to provide a safe and adequate working facility in violation of article XIV of the citywide agreement by failing to require Certificate of Fitness holders for motor fuel dispensing and storage facilities pursuant to the New York City Fire Code or an equivalent alternate training.

Based on the foregoing violation, the Remedy shall be as set forth in Article XVI, section 2(f) of the Citywide Agreement. The Arbitrator shall retain jurisdiction for the purpose of this Article and Section.

A meeting with the Office of Labor Relations will be scheduled to discuss the implementation of a remedy for this grievance.

Click here to view COF Decision and Award


Span of Control # 46340
: Inadequate staffing of supervisors is unsafe and invites problems such as an inability or difficulty to manage or control. The Span of Control according to NIMS, OEM, NYPD and the FDNY is one supervisor to seven individuals. The department has violated the span of control in EMS by measuring individuals as units. Example; fourteen individuals are required to staff seven units therefore the span of control would require two supervisors. On August 4, 2009 at a step III hearing regarding span of control. The department stated the NIMS & ICS policies refer to single incident commands not Supervisor staffing. The Union has presented the argument that the department has failed to maintain a span of control for single incidents and multiple incidents. A priority one assignment in EMS, a Cardiac Arrest. This type of call is what we are here for to save a life. This is what we do it is a single incident and even then the ratio is 1 Supervisor to NINE individuals (2 Medics, 2 EMTs, and 5 Fire Fighters). This doesn’t include additional units that may be requested for assistance. There is an increase in liability and the deterioration of quality assurance and control for multiple incidents, occurring in multiple areas which are everyday units responding to assignments in their areas. This can at best achieve results of limited supervision or control. The Hearing Officer will review the case and notify both parties with his decision.

The Step III Hearing Officer delivered his decision. He stated even though the department has trained us to utilize the ICS program the department doesn’t have to implement that training into operations.

The span of control grievance will be heard in arbitration on June 11, 24, and Aug. 23, 2010. DC37 Legal department has assigned Attorney Aaron Amaral to the case.

October 23, 2010: Testimony for the span of control arbitration hearings have concluded. Our Attorney Aaron Amaral has submitted his brief to the Arbitrator we are waiting to receive a decision from the arbitrator.

The legal briefs from both attorneys were submitted on Dec. 1, 2010. We now wait for the Arbitrator’s decision.

On September 23, 2012 we have received a decision. As per the Arbitrator
Earl R. Pfeffer, the grievance is hereby Granted.

There are a few parts to this decision (Read page 39 for Award).
If the City and or Department chooses to not comply with the Arbitrator’s decision we are prepared to report the findings to the FEMA IG’s office for further investigation.

Click here for Opinion and Award

(Division Captain) Out of Title # 46601: The actual written tasks of a Captain are to supervise the operations of an EMS station within an assigned Division. There is no mention of Division Captains performing tasks and sharing the same responsibilities of a Deputy Chief.

On January 26, 2010 a Step III hearing was held to address this out of title grievance.

Since we have not received a response from the city on April 21, 2010 the Union has filed for arbitration. DC37 has assigned Attorney Dena Klein to the case. The dates for arbitration have been set for December 17 and 28, 2010. Depending on the progress of the hearing a third date may be required.

Due to the December 2010 blizzard the arbitration hearing scheduled for December 28, 2010 was rescheduled for February 17, 2011. A third meeting is scheduled for March 18, 2011.

On March 18, 2011 we completed our testimony and have rested our case. The city has presented and rested their case on Thursday, April 14, 2011.

On June 1, 2011 both Attorneys submitted their legal briefs. We now wait for the Arbitrator’s decision.

On September 30, 2011 we received a decision. As per the Arbitrator Robert T. Snyder, the Grievance is hereby sustained.

Click here to view the Division Captain Grievance Decision and Award

Click here for Division Capt. List

 

 

 

D Platoon Overtime # 46086: EMS Officers are not receiving the correct overtime compensation for pay week period (Sun-Sat) minute for minute. This is a violation of the Unit and Citywide contracts.

On January 7, 2010 the department issued a Command Order correcting the payment procedures for members assigned to the A, B and C platoon work chart. However, the department refused to make changes to members assigned to D platoon. They state members on D platoon are the same as those assigned to EMD and they will continue the same pay practice. We have filed for arbitration.

On May 25, 2010 DC37 has assigned Attorney Jesse Gribbon to the case. We are in queue for an arbitration date.

An arbitration hearing is scheduled for Thursday June 2, 2011.

The arbitration hearing was held on June 2, 2011. The process lasted for five hours. The attorney’s from both sides have until August 1, 2011 to submit their legal briefs.  Once the briefs are submitted we will wait for the Arbitrator’s decision.

On November 22, 2011 we received a decision. As per the Arbitrator Martin Henner, the grievance is denied.

Click here to view the D Platoon Overtime Arbitration Decision

 

 

PPE BOOTS: The Decision and award is as follows:
The Grievance is granted. The substitution of PPE boots in place of the EMS boot or work shoe listed in the Quartermaster Agreement violated Article III, Section 13 (b) and (c) of the 2000-2002 Hospitals Technicians contract and the subsequent Article III, Section 10 (b) and (c) of the 2002-2006 Emergency Services contract.

The Department is ordered to rescind each and every order, command, etc. mandating that all field personnel wear the PPE boots at all times. The Department is further ordered to provide the EMS boot or shoe as required by the Quartermaster Agreement unless or until such time as agreement to the contrary is reached by the parties herein.

Lastly, the Department is ordered to rescind and expunge any and all disciplinary actions taken against any EMS member covered by this collective bargaining agreement.

On Friday December 11, 2009 the department stated they would begin the PPE boot hazard assessment testing of 110 members (combined) at random. The process will take approximately four months to complete. There will be four types of PPE boots tested the Danner Striker II EMS, Haix Air Power X1, Haix R7 and the Rocky First Med. In the interim members from either Local may wear a black work boot until new PPE boots are chosen. Officers will continue to receive the work shoe from the quartermaster and may continue to wear them to perform administrative duties.

August 2010: the Union and the Department have agreed to the following PPE Boot testing schedule.

EMS Footwear: The following are the times and types of PPE Boots our members will be testing. A meeting with the department will be scheduled once testing has been completed.

  • Striker II Danner – Sept. 5th to Oct. 2, 2010
  • Haix Airpower X1 (high boot) – Oct. 3rd to Oct. 31, 2010
  • Total Fire Pro Warrington 6010 – Oct. 31st to Nov. 27, 2010
  • Haix Airpower R7 (low boot) – Nov. 28th to Dec. 25, 2010

The boot testing is completed. A meeting is scheduled for March 10, 2011 to discuss which boots will be issued and what will be the procedure to follow for members to receive them.

June 8, 2011: The fittings for the boots chosen by the members have begun. The members will be fitted and choose to wear either the Striker II boot by Danner or the Airpower R7 (low boot) by Haix.