Brothers and Sisters,

I wanted to give you all an update on various issues the Local is working on. As you are aware the FLRA has mandated a consolidation of ALL IAFF locals within the Region.  With that, Local F33 has been working very closely with the affected IAFF affiliates and the 16^th District Vice President to prepare for this consolidation. I can’t say much, other than impasse was declared and recently the parties met via conference call with the mediation impasse panel. Without going into specifics, after two and a half hours the parties agreed to proceed with another form of mediation, which will be supervised by the impasse panel. The Memberships patience and trust during this tedious process has been incredible! And we thank you all for your support. We expect mediation to go well and to have a tentative start date for negotiations soon and will keep you all apprised as the process’ slowly creep along.

On a more positive note, the IAFF Legislative Conference, held last month was a success. The IAFF has introduced more Federal Firefighter Legislation than ever! Most were perceived as minor, administrative fixes that garnered bi-partisan support during our lobbying. The more technical, read “costly” bills, also received unprecedented support from the California Congressional delegation and we hope to be able to report some very exciting news soon!

Here locally, the new schedule continues to improve, as tweaks and changes are made to many of the unintended and unanticipated consequences. Thank you all for your patience and more importantly, your suggestions and solutions! For quite some time the Local has been engaged in negotiating a MOU to allow shopping at commercial facilities while on duty. This has now become a priority given our new schedule and the necessity of our members to work multiple days. This is also directly tied to a proposed wellness fitness program. The IAFF/IAFC wellness fitness initiative has been proposed to management and will likely be put to committee for exploration and recommendations. Labor and Management also have a NFPA 1500 committee that was recently started and the Local is hopeful that many of the fundamental shortcomings of our Agency will be identified and solutions will be proposed for adoption/implementation. Thanks to recent direction and guidance from the Obama administration, as well as our current contract, Local F33 has reinvigorated the “Partnership Process”.  Labor and Management will soon meet and attempt to resolve longstanding issues affecting all of us. One key area we have identified is dispatch; Local F33 is committed to offering real solutions to a system that is, in our opinion broken at best and downright dangerous at worst! We will do everything in our power to keep our members and the public we are sworn to protect SAFE!

STAY STRONG, STAY PROUD, STAY UNION!

Below you will find pending Legislation affecting Federal Firefighters. The IAFF is asking individuals to contact their Representatives to ask that they "co-sponsor" this legislation. Members can find out who their Congressional Representatives contact information at: www.contactingthecongress.org.

Federal Fire Fighter Issues Currently Before Congress

HR 948 & S 599 (Presumptive Illness)

   Federal fire fighters, like all fire fighters, regularly respond to HAZMAT incidents involving chemical, radiological, and biological hazards.  Working in such a hazardous environment, it is virtually impossible to precisely identify when and where a fire fighter contracted a disease.

  Most states have acknowledged the occupational hazards attributed to fire fighting and have presumptive disability laws for fire fighters because it is so difficult for fire fighters to identify when and where they contracted an occupational disease.  Federal fire fighters do not have the benefit of a presumptive disability law.  Instead they are faced with a burden of proof that is nearly impossible to meet and only in extraordinary cases do federal fire fighters, suffering from occupational diseases, receive fair and just compensation or retirement benefits

   It is only fair that the federal government should provide parity for federal fire fighters who are exposed to the same occupational hazards as other professional fire fighters.  There is no legal or rational reason why federal fire fighters do not have the same right as fire fighters in 40 states.

HR 3186 (Retirement Equity)

The federal government’s retirement system uses a complicated formula to calculate pension benefits for federal fire fighters who protect military installations, veterans’ hospitals, and other critical federal properties. The complexity stems in large part from the unusual work week of federal fire fighters. Fire fighters employed by the Department of Defense normally work 72 hours per week, with 19 hours of mandatory, scheduled overtime, including nights, weekends and holidays.

In 1998, Congress reformed the pay system of federal fire fighters to ensure that they receive a fair hourly rate of pay. Despite improvements in the hourly wage rate, the reforms fell short of adequately incorporating a fire fighter’s entire pay, including compensation for mandatory overtime, into a fire fighter’s retirement benefit. Fire fighters are the only federal employees to work mandatory, scheduled overtime, and are the only federal workers whose pension is based on only part of their normal weekly pay.

To address this inequity, legislation has been developed to ensure that federal fire fighters are treated like other federal workers whose pension benefits are based on their full weekly salary.

HR 4239 (Retirement Tax Waiver)

Federal Fire Fighters are eligible for retirement at the age of 50 and mandatory retirement at age 57 due to the rigorous nature of their job.  Although eligible for retirement at age 50 and required mandatory separation at age 57 the fire fighters may not begin withdrawing from their Thrift Savings Plan without incurring a 10 percent penalty.

Most Federal Fire Fighters are covered under FERS, a system that became effective in 1987 and replaced the Civil Service Retirement System (CSRS) as the primary plan  for U.S. federal civilian employees. Retirement benefits under FERS are accumulated in three ways:  a) through Social Security benefits, b) through a basic benefit plan for which the employee is charged a nominal amount and c) through a Thrift Savings Plan (TSP), which comprises automatic government contributions, voluntary employee contributions and matching government contributions. The TSP is a plan created by the Federal Employees Retirement System Act of 1986 for current or retired employees of the federal civil service. The TSP is a defined-contribution plan designed to give federal employees the same retirement savings related benefits that workers in the private sector enjoy with 401(k) plans. Contributions to the plan are automatically deducted from each paycheck.

Although eligible for retirement at age 50, if employees  receive a TSP distribution before  age 59½, in addition to the regular income tax, they have to pay an early withdrawal penalty tax equal to10% of any portion of the distribution not transferred or rolled over.

Federal Fire Fighters are seeking an amendment to the Internal Revenue Code through HR 4239 allowing retired federal fire fighters the same benefit most municipal and State fire fighters have under federal law.

HR 3243 (Trade Time)

Trade time is a practice that fire fighters utilize to work shifts for each other so they can be away from the workplace to attend family functions or tend to personal matters etc. 

Why do federal fire fighters utilize trade time?

Federal Fire Fighters work uncommon tours of duty and in the federal sector this is exasperated by a regularly scheduled 72 hour work week and minimum staffing requirements.  At the workplace, minimum staffing requirements dictate that a certain number of fire fighters be on duty at all times.  Although minimum staffing is an understood requirement, this can make it very difficult for federal fire fighters to be involved in family events or functions.  The problem is compounded by manpower shortages within the federal sector.  Currently it is taking between two to six months for a department to fill a vacancy when a fire fighter retires or leaves the work place.  As a result, many requests for annual leave are not granted due to the minimum staffing needs and manpower shortages.

Can federal fire fighters trade time now?

Yes, however they are only permitted to trade time within one (two week) pay period.  This means that if one employee works for another the time must be repaid within that pay period.  Often employees are unable to repay the time during the single pay period and this has the effect of preventing the employees from trading the time.

Does trade time result in any extra pay?

No, trade time is an issue that is between the employees with the knowledge and approval of management.  Neither employee receives any extra compensation; it is merely a trade of “time”.

What does HR 4239 do?

The Fair Labor Standards Act (FLSA) permits the trading of time by firefighters of public agencies. Employees engaged in fire protection are permitted to trade time for periods up to 1 calendar year. Unfortunately the Office of Personnel Management (OPM) has determined that Federal firefighters are not entitled to trade time beyond a pay period.  HR 4239 would allow federal fire fighters to trade time in the same manner as their municipal counterparts.          

Brothers and Sisters,

Today the Union and management finalized and SIGNED the MOU necessary to begin the 2on/3off schedule.

The effective date will be February 14, 2010. A copy can be found in the MOU section, as well as the message board area.

Thank you all for your patience, support and understanding while this agreement was finalized.

STAY STRONG, STAY PROUD, STAY UNION!

Brothers and Sisters,

President Obama has signed the Defense Authorization Act. Included in the Legislation is the REPEAL of NSPS beginning 2012. This was the Pay for Performance plan implemented by the last administration which would have ultimately done away with workplace and personnel protections under the auspices of pay for performance. The Act was extremely ANTI-Union and was fought by a consortium of Labor organizations, including IAFF 16th District Vice-President Jim Johnson. THANK YOU!!!

Equity was finally achieved for FERS retirees. FERS employees will receive credit for UNUSED sick leave toward their retirement annuity. Similar to what CSRS retirees have enjoyed for years.  This benefit will hopefully encourage workers to use their sick leave wisely since they will receive credit upon retirement.

Brothers and Sisters,

As almost all of you are aware, early this year Management petitioned the FLRA to consolidate all IAFF bargaining units in the Region. This request was granted and the process has been ongoing ever since. Recently a committee was formed to begin drafting a new Collective Bargaining Agreement, this process has just begun and we are working closely with IAFF leadership and all other affiliates affected in crafting this new document.

If Members have constructive ideas, concepts, proposals, or questions relating to this process please contact any of the following committee members:

President Massone

Vice-President Fredericks

Vice-President Larsen

Trustee Squier

Congratulations and THANK YOU to ALL who participated in the 2009 MDA "Fill the Boot" boot drive. Special Kudos go to Firefighter Anthony Glorioso, our MDA coordinator for making this year an unbelievable success. Below is a thank you from MDA.

ATTENTION

All members who have not yet received A union card from the IAFF please send me an e-mail no later then October 1, with your full name.  I am gathering a list to cross reference with the IAFF to ensure that you do get your card and member # from them.  My e-mail is ray.macias@navy.mil thank you

                                                                           111th CONGRESS

1st Session

H. R. 3186

To provide for the more accurate computation of retirement benefits for certain firefighters employed by the Federal Government.

IN THE HOUSE OF REPRESENTATIVES

July 13, 2009

Mr. CONNOLLY of Virginia introduced the following bill; which was referred to the Committee on Oversight and Government Reform

A BILL

To provide for the more accurate computation of retirement benefits for certain firefighters employed by the Federal Government.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Federal Firefighter Pay Equity Act'.

SEC. 2. FINDINGS AND PURPOSE.

(a) Findings- Congress finds that--

(1) certain firefighters employed by the Federal Government are required by law to work a regular tour of duty consisting of 72 hours per week;

(2) 19 of those 72 hours per week are considered to be overtime hours for purposes of computing pay;

(3) the pay computed for those 19 overtime hours each week are not accurately accounted for when computing such firefighters' retirement benefits; and

(4) those inaccurate retirement computations have led to reduced retirement benefits for Federal firefighters.

(b) Purpose- The purpose of this Act is to correct the manner in which retirement benefits for Federal firefighters are computed so as to account for pay earned for regularly scheduled overtime hours during a normal tour of duty.

SEC. 3. COMPUTATION OF ANNUITY BASED ON CERTAIN FIREFIGHTER SERVICE.

(a) In General- Section 5545b of title 5, United States Code, is amended by adding at the end the following:

`(e) For purposes of any determination of `average pay' under section 8331(4) or 8401(3), in the case of a firefighter who is subject to subsection (b), the rate of basic pay in effect for such firefighter for a year of creditable service (or, in the case of an annuity under subsection (d) or (e)(1) of section 8341 or under chapter 84 based on less than 3 years of creditable service, for any other period of creditable service) shall, in addition to the amount determined under subsection (b) for such year (or other period), include an amount equal to one-half the firefighter's basic hourly rate (as computed under subsection (b)(1)(A)) for such year (or other period) times the number of overtime hours included as part of such firefighter's regular tour of duty during such year (or other period).'.

(b) Conforming Amendments- Sections 8331(4) and 8401(3) of title 5, United States Code, are amended by striking the semicolon at the end and inserting `, subject to section 5545b(e);'.

SEC. 4. EFFECTIVE DATE.

The amendments made by this Act shall apply with respect to any annuity, entitlement to which is based on a separation from service occurring after the end of the 60-day period beginning on the date of the enactment of this Act.