GRIEVANCE REPORT
UPDATED 02/18/10
(Pending) Step II Grievances
Out of Title: Lieutenants performing the day to day operations of a station with out the direct supervision of a Captain.
(Pending) Step III Grievances
Reasonable Accommodation (RA): 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 conducted at Labor Relations (9 Metro Tech). 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.
Out of Title: Members are performing duties of an Instructor by teaching and conducting drills at the stations.
Out of Title: Members are performing duties of a Biomedical Technician by maintaining and cleaning the drill and or training equipment at the stations.
(Division Captain) Out of Title: 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 the three Out of Title grievances. We expect to receive a decision with in the next sixty days.
(Pending) Safety & Health Grievances Step III
(Coney Island) Station 43: 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.
If the department fails to make a good faith effort to correct these violations we will move forward with our grievance to arbitration.
(Pending) Arbitration Grievances
Span of Control: 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 is currently in queue for arbitration. DC37 Legal department has assigned Attorney Aaron Amaral to the case.
(Concluded) Step III Grievances
Overtime: 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 the Step III Hearing Officer ruled in favor of Local 3621. We were able to prove FLSA law wasn't violated and according to our contract we are to be paid overtime minute for minute. UEMSO Members that weren't paid will receive payments and corrections will be made to city time.
(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.
