PRESIDENT’S REPORT

   OCTOBER, 2011

Negotiations –

          Mayor Brown and his advisor (Sean Beiter, outside Attorney from Goldberg Segalla) have decided negotiations can’t be successful unless 282 gives up minimum manning (4 firefighters per apparatus), Division Chiefs, and take cheaper health insurance offered by city through BlueCross BlueShield.  

          To conclude our last actual negotiation meeting, held 6-23-10, Mr. Beiter slandered me and then stormed out dragging his representatives from the city with him saying “I can better spend my time getting ready for arbitration and litigating everything – since that’s what I get paid to do.”    

          Due to this position taken by the Brown Administration, we proceeded with Rinaldo II.  Our court date is November 3, 2011 in front of Judge Michalek to have the award confirmed.  Also part of this court proceeding will be an argument made against the city/Control Board for denying our $9 million + in back pay.  This was originally scheduled for early summer but Sean Beiter and Matt Van Vessem, lawyers for the city and A. Vincent Buzard from Harris Beach PLLC., lawyer for the Control Board, objected to Judge Michalek hearing the case even though he has had jurisdiction over it since Rinaldo I was vacated in 2006.  City lawyers got other delays for family considerations and conflicting court dates.  This is the game plan – to delay, delay, and delay; hoping we just cave in and agree to a contract that will lower our standard of living for every member and their family. 

          Just before Beiter stormed out, he asked me “How much money would it cost to give up minimum manning?”  He followed up by stating a dollar amount and increasing the total as I continued to say no.  Finally I stated “Safety is not for sale at any price.”

          I have tried to side-step Mr. Beiter by sending a personal letter to Mayor Brown on August 23, 2011 (letter attached).   The contract proposal was an effort to commence negotiations.   I received a response from him in a letter dated 9-9-11 (also attached).

          I find it ironic that he states in his letter “I appreciate your interest in resuming contract discussion and my administration has always been willing to continue discussions with Local 282.”  The city was the one who ended the previous negotiations and only wanted to go to Compulsory Interest Arbitration (Rinaldo II).

Negotiations – (continued)

          I also called Steve Casey personally on September 2, 2011 during a Local 282 Executive Board meeting.  Prior to September 2009 primary day, Casey was given a proposal that included most of what was mailed to the mayor.

          Prior to these latest attempts to resume meaningful negotiations and not just one sided with 282 giving and not receiving its fair share, I had sent 17 letters certified mail with return receipt requested to various members of Brown’s administration.  I carbon copy the mayor on these letters besides the letters sent to him personally, all to no avail.

          Some in our union say “Mayor Brown won’t negotiate as long as Cunningham is President”.   Why?   After considering this rumor, I believe it’s because our Negotiating Committee won’t agree to all their unreasonable demands.  This administration is again trying to divide our union.   The real reason there hasn’t been any meaningful negotiations since I became President on January 1, 2009 is the personnel changes that have occurred.  How can you negotiate when the city administration is like a revolving door?

          Here is a list of who’s who in the Brown Administration:

• Mary Thomas Scott - Director of Labor Relations.  I sent letter November, 2008 after being elected.  She resigned December 2008 just before I took office

• Leonard Matarese - Commissioner of Human Resources resigned Fall 2008.

• Karla Thomas – Commissioner of Human Resources.  Hired Fall 2008, then fired 2011.

• Omar Price – named Director of Labor Relations more than 2 years after Scott resigned.

• Tracy Healy – Director of Compensation & Benefits.  Demoted 2010.

• Antoinette Palmer named to replace Tracy Healy.  Suspended from her job August 2011; just recently returned from suspension.

• Numerous lawyers have come and gone in the City Legal Department.

• Commissioner Lombardo demoted, Deputy Commissioner Lewis retires, and Garnell Whitfield becomes Commissioner along with new Deputy Gugliuzza and now Joe Tomizzi.  Past Commissioner Lombardo was fired as commissioner because he wouldn’t agree to skip Fitzgerald and Weitz on the Lieutenants Promotion List.  Also Beiter was hired by city to review the past negotiations that resulted in 2 negotiated contracts being rejected by 282 membership.  He realized huge cost savings were in eliminating minimum manning and managing day to day operations that are done by Division Chiefs. Most likely this was another reason Lombardo was fired/demoted.

Negotiations (continued)

Who’s who in the Brown Administration (continued)

• Patricia Folts hired September 2011 as Commissioner of Human Resources (Letters to her enclosed).

• How long will these current political appointees continue in their current job?

• We started negotiations on March 2010 only after 282 initiated court proceedings in State Supreme Court when the Judge threatened to have the city held in contempt of court.

• Jeff Swiatek, attorney from Hodgson Russ, was lead negotiator for first meeting.

• Second meeting Sean Beiter replaces Swiatek as legal negotiator.

• Beiter resigns from his long-time law firm, Jaeckle Fleishmann & Mugel to join a Washington D.C. based firm of Goldberg Segalla.

After reviewing the turmoil within the Brown Administration, I ask, “How can you conduct negotiations when you don’t know who will be sitting across the table from meeting to meeting.”

Our lawyers are trying to arrange a meeting with Omar Price if he really is the point person as stated by Mayor Brown

Control Board

Mayor Byron Brown asked the Control Board to vote against our $9 million plus back pay and then the Mayor and County Executive Chris Collins voted no to pay us.  This is just another action trying to destroy our morale and union.  The Control Board along with Mayor Brown is attempting to destroy what it has taken 40 years through negotiations and arbitration awards to improve our benefits and wages.

Courts – PERB – Arbitration- Grievances

• FSLA Lawsuit that was heard in front of Judge John Elfvin between 2006-2007 prior to his passing, then it was transferred to Federal Judge William Skretney who dismissed the case in 2010.  All arguments were made by previous law firm Sammarco Mattacola Sammarco by Aaron Kaplin.

• June 29 PERB Hearing – IOD Policy hasn’t been outlined as called for under Rinaldo I & II due to numerous legal delays by the city.  The city has taken an aggressive approach as to this new IOD Policy which has never been fully agreed to as called for in Rinaldo.  We will be in court seeking a

Courts – PERB – Arbitration- Grievances (Continued)

     restraining order until all aspects of this IOD Policy are followed by the city,           

     which Rinaldo calls for.

• Discrimination on Promotions – Reason for ending 2002 Civil Service List.

> 2008         Arbitration was lost – Decision by Arbitrator Foster

> 2009         Judge Kevin Dillon vacated Foster decision

> 2010         Appellate Court 4^th Department in Rochester upheld Judge

                     Dillon’s decision

> 2011         Court of Appeals in Albany refused to hear appeal of

                    Appellate Court’s Decision

> 2011         City of Buffalo lawyers from Hodgson Russ filed an appeal to

                    Court of Appeals to reconsider their refusal to hear their

                    first appeal.                    

• Arbitrator Rapin ruled on February 12, 2011 that Commissioner Whitfield must provide us with an answer as to why Fitzgerald and Weitz were skipped, which is called for in our contract.  As of this report Commissioner Whitfield has refused to give answer.

• Arbitration on October 26, 2011 – No officer in charge of Fire Investigation was held. (Tomizzi was in charge)

• Arbitration will be held November 16, 2011 over city skipping Fitzgerald and Weitz on Civil Service List.  This will have major consequences on future promotions and the city’s ability to skip anyone.

• Grievance filled on behalf of Captain Scott Gurney who was skipped over for promotion to Battalion Chief on 8-12-11.

• Many grievances have been filed over the city not following Rinaldo IOD Policy.  If you believe you have been treated unfairly when injured, file a grievance.

New YorkStateProfessional Fire Fighters Association

• District Meeting was held on July 12, 2011 in Jamestown.  Most of the Executive Board attended.

• Convention was July 18 – July 28, 2011.  4 Delegates attended.

• Local 282 members of the Health & Safety Committee attended the NYSPFFA Safety Conference in Syracuse from October 4^th – 6th.  Chief Lamacchia and past Commissioner Lombardo made presentations.   5 members of Health & Safety Committee attended.

NYSPFFA(Continued)

• After more than 4 months since the NYSPFFA legislative conference when we received the backing from the Delegates and President McManus, our Tier V Legislation Bill was added to the matrix listing of bills the State Association backs on their webpage.  This happened only after I sent him a letter (enclosed) requesting what was backed by the delegates at the Legislative Conference.  We did get a letter supporting our bill from President McManus after he received my letter (enclosed).

• When State Legislators go back in session this fall and next year, Local 282 will attempt again to allow our new members to have Tier V applied fairly.

IAFF

• IAFF John P. Redmond Health & Safety Symposium was held in New York City from August 15^th – 18^th, 2011.  Three members of the Executive Board attended.  Video of the 2011 and 2009 Conferences are available on the IAFF webpage.

• Local 282 President and Vice President attended a reception for Mark Poloncarz in Washington D.C. sponsored by Congressman Higgins, Slaughter and Hochul.  We had the opportunity to speak with all three congress members and ask for their support in our efforts to get a fair contract from Mayor Brown.  The IAFF donated $1,000 to his campaign.

Political

September 2, 2011 Local 282 met with all our elected officials from city, state and federal governments or members of their staff, plus County Comptroller Mark Poloncarz attended in person.  Our Attorney made our case against the legal tactics of the Brown Administration which is based on litigation and postponements to delay everything which is paid for handsomely by taxpayer money.

Local 282 Events & Activities

• We had our own 9/11 tribute at the Buffalo Firefighter Museum arranged by Vice President Tom Barrett.  It was very well attended by off and on-duty members of 282 and their families.  It was an honor to be part of the ceremony.  Tommy did a great job organizing and getting support from the Fire Museum staff.  Thanks to my old friend Dennis Ratchuk, his family, the Kevin Lynch family and Jimmy Hart’s family for bringing many to the tribute.

Local 282 Events & Activities (Continued)

• Next Monthly Meeting is November 10, 2011.  The best way to get information is to periodically attend a monthly meeting.  If you can’t attend, ask any member of the Executive Board for the latest information.

• Buffalo Stampede – what a great idea for showing off our firehouses and most of all raising money for the IAFF Burn Foundation.  Thanks to Captain Clotfelter and his helpers.  Hopefully next year we will have a larger turnout.  It was a great day – I was there for support.

• 282 will be sending female members  to the Human Relations Conference for the 2^nd time, along with a couple of board members in January 2012.

• Read The Blue Line in most firehouses.  (PBA paper)  November 2011 edition.  Article > Contract Arbitration.

• If you haven’t already signed-up for emails and text messages, please do so.  Important information can be sent to you in a timely fashion.

• I intend to visit as many firehouses as my time allows answering any questions you may have.         

Be Careful,

Dan Cunningham

282 Member, President