GRIEVANCE REPORT
UPDATED 08/24/10
(Pending) Step II Grievances
Free lance 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. Usually it is issued after a member has received discipline which would rate the member with a conditional overall rating. This new policy circumvents the command discipline procedure and violates the evaluation past practice, policy and procedure.
Paramedic Officers: The new requirement demanding Lieutenants maintain a Paramedic certification has increased the liability, responsibility and workload. The Union has filed a request for bargaining on this issue.
Certificate Of Fitness (COF): In the city of New York personnel at a facility must possess a COF to dispense or store fuel and operate an air compressor. Although Firehouses are exempt because Firefighters are trained in fire suppression. EMS Officers who are responsible for EMS facilities are not trained or certified. This presents a health and safety hazard and or violation.
(Pending) Step III Grievances
(Decision Pending) Step III Grievances
(Pending) Safety & Health Grievances Step III
No Air Conditioning in Command Cars: 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 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 defib pads may liquefy.
(Decision Pending) Safety & Health Grievances Step III
(Coney Island) Station 43 # 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.
(Pending) Arbitration Grievances
(Bay Ridge) Station 40 # 46837 : There are four violations that urgently 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 has assigned Attorney Xiema Naranjo to the case.
Out of Title # 46836 : Lieutenants performing the day to day operations of a station with out the direct supervision of a Captain.
Out of Title (Division Lt.) # 46836: The Lt.'s job description states they are to perform their duties within their assigned geographical area. Work performed outside their area is an addition to their duties and workload.
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 no response or decision has been received from the City or department. The Union has filed for arbitration. DC37 legal department has assigned Attorney Aaron Amaral to the case.
Out of Title (Instructor) # 46649 : Members are performing duties of an Instructor by teaching and conducting drills at the stations.
As of April 21, 2010 no response or decision has been received from the City or department. The Union has filed for arbitration.
(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. We expect to receive a decision with in the next ninety days.
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.
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 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. 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 and are in queue for arbitration.
On May 25, 2010 DC37 has assigned Attorney Jesse Gribbon to the case. We are in queue for a arbitration date.
Reasonable Accommodation (RA) # 46749 & 46751 : The department has offered RA positions to supervisors only if they accept a demotion to EMT. Our position is with the many vacancies that exist, RA Lt.’s and or Capt.’s should be placed into these vacancies. Some examples are the Battalion Based Stations and lite duty personnel.
On November 24, 2009 a Step II meeting was held at FDNY Labor Relations. We presented our grievance to the department and are awaiting for their decision. If we are not successful we will move forward with our grievance to a Step III hearing.
On January 26, 2010 we submitted our request to forward this grievance to Step III. The Department has failed to issue a decision at Step II. A Step III hearing is scheduled for March 4, 2010.
March 4, 2010: A Step III hearing was held at NYC Office of Labor Relations. The FDNY continues to state there are no vacancies for RA Officers. I explained to the Hearing Officer the department has so many vacancies they have and continue to violate their own command order # 2010- 008A. This command order identifies which stations are to be operated as station or battalion based. The department also claims the desk duty assignment for officers is not available for RA Officers because it is a full duty position. I then asked if that was true why are Light duty Lt.'s assigned to desk duty. The department stated they have the right to assign who will perform which tasks.
May 5, 2010: We have not received a response from the NYC Office of Labor Relations. We have filed for and are in queue for arbitration. DC37 legal department has assigned Attorney Aaron Amaral to the case.
(Decision Pending) Arbitration Grievances
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 was heard in arbitration on June 11, 24, and Aug. 23, 2010. DC37 Legal department has assigned Attorney Aaron Amaral to the case. We are waiting for the Arbitrators decision.
(Concluded) Step III Grievances
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.
(Concluded) Arbitration Grievances
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.
The Union has negotiated with the department and has agreed to begin PPE Boots testing on Sept. 5,2010 for the four PPE Boots mentioned. The testing process will take four months.
