The Bravest
OFFICIAL PUBLICATION OF THE
UNIFORMED FIREFIGHTERS ASSOCIATION OF GREATER NEW YORK
VOL. XLIII NO. 2 2007
5-5-5-5 President’s Message By STEPHEN J. CASSIDY n Tuesday, June 26th, over 10,000 Firefighters flooded Herbert Street outside St. Cecilia’s Roman Catholic Church in Greenpoint, Brooklyn, to pay final respects to our brother Daniel F. Pujdak, from Ladder 146. Dan lost his life while battling a fire in Brooklyn on Thursday, June 21st, and is the 1,135th member of the FDNY to die in the line of duty. He was just 23 years old and had been on the job for almost two years. We are again reminded of how dangerous it is to be a New York City Firefighter. It is never easy to lose one of our own. Together we must keep Dan and his family in our thoughts and prayers and never forget the ultimate sacrifice he made. On Monday, June 18th, nine Firefighters in Charleston, South Carolina, died in a furniture warehouse fire. The nine Officers and Firefighters that perished are: Captain William Hutchinson, 48; Captain Theodore M. Benke, 49; Captain Louis Mulkey, 34; engineer Mark Kelsey, 40; engineer Rodney Bradford Baity, 37; assistant engineer Michael French, 27; Firefighter James Drayton, 56; Firefighter Brandon Thompson, 27; and Firefighter Melven Champaign, 46. This is the largest single loss of Firefighters in the nation since September 11th,
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Firefighter Daniel F. Pujdak 2001. To honor our fallen brothers, and in accordance with the UFA Line of Duty Funeral Fund rules, fifty members attended the memorial service which was held on Friday, June 22nd, in South Carolina. Our thoughts and prayers go out to the loved ones and families of these Firefighters. On May 10th, of UFA members voted to ratify the 24-month contract that has a total value of 9.75% to Firefighters. Turnout was 78% of the membership. The contract was ratified 56.5% in favor 43.5% against. The deal raises starting pay for probie Firefighters by $9,900 to $35,000 and increases base salary to $68,475 after five years on the job. It is retroactive to August 1, 2006, and runs through July 31, 2008. Approximately 500 firefighters who work in rescue squads, with hazardous materials, and 15
other special companies will get an extra 12 percent wage increase. This is the first time that the UFA has obtained "specialization pay," which we have sought in labor negotiations since the 1960s. FOr over a hundred years, the NYPD has had specialty pay for many of its members. Now, we have it too! It’s about time this injustice was corrected. Far and away this is the best contract negotiated by any municipal labor union with this city in this current round of bargaining. We will begin negotiations on the next contract shortly. The annual UFA Delegate Education Seminar was held from May 1st-4th at the Trump Taj Mahal in Atlantic City, New Jersey. This year’s seminar honored FDNY Chaplains: Rev. Msgr. John Delendick, Rev.Msgr. Marc J. Filachione, (Continued on page 2)
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President’s Message (Continued from page 1)
Rev. Stephen Harding, Rev. Joseph Hoffman, Christopher Keenan, OFM, Rabbi Joseph Potasnik, Rev. Joel Warden, CO, and Rev. Everett Joseph Wabst. The general sessions and workshops were wellattended by delegates and the seminar was a success. The American Arbitration Association conducted the ballot count on June 7th and announced that Lester Layne won a second term as Fire Marshal Representative. His term begins August 1st. Layne reports that the UFA’s lobbying efforts have been successfull in our efforts to expand the Fire Marshal Bureau. It was announced earlier that there will be an increase in the FDNY budget of $1.4 million to open a new base in Queens and to hire 32 more Fire Marshals to investigate arson cases. On June 6th, Mayor Michael R. Bloomberg presided over the FDNY Medal Day Ceremony on the steps in front of City Hall. This year, the following 26 Firefighters were honored for going above and beyond the call of duty: James T. Byrne (L 121), Joseph W. Donatelli (L 132), Richard G. Schmidt (Res 4), Keith V. Lagan (L 41), Glen J. Merkitch (L 120), George Porter (L 42 assigned, L 19 detailed), Thomas F. McGlade (L 14), Scott J. Breslin (L 133), Charles E. Wiemann (Res 4), Kevin R. Jensen (L 58), Craig H. McDonald (L 147), James T. Lunny (L 147), Larry D. Schneckenburger (L 120), Walter D. Powers (L 58), Terence J. Osborn (L 163), Frederick M. Schwarzrock (L 41), Steven F. Devaney (E 46), William H. Smith, III (L 58), Brian E. Pascascio (E 318 assigned, L 166 detailed), Brian J. O’Sullivan (L 25), John P. Drew (L 120), James T. Byrne (L 121), Michael J. Cook (L 6), Ronald E. Deaso, Jr.(E 79), Kevin S. Gorman (L 22), and John J. McGuire(L 172). Engine Company 44 was honored with the Lt. James Curran/New York Firefighters Burn Center Foundation Medal and Ladder Company 105, was honored with the Firefighter Thomas R. Elsasser Memorial Medal. On Tuesday, June 12th, UFA members from all 5 Boroughs participated in Lobby Day in Albany, visiting legislators and communicating the issues that are
The UFA Executive Board met with Governor Eliot Spitzer on Lobby Day June 12th: (L to R) Robert Straub, Treasurer; Lester Layne, Fire Marshal Representative; Stephen G. Humenesky, Queens Trustee; John G. Kelly, Jr., Brooklyn Trustee, Chaiman of the Board; Stephen J. Cassify, President; Gov. Eliot Spitzer; Edward Brown, Bronx Trustee; Joseph A Miccio, Recording Secretary; James Slevin, Vice President; Donald Ruland, Staten Island Trustee; Daniel Murphy, Manhattan Trustee; William Romaka, Health & Safety Officer, Sergeant-At-Arms. important to our membership. Last year the UFA successfully secured the Stroke Bill and the World Trade Center Death Benefit Bill. In this issue, James Slevin, UFA Vice President, details in his article the UFA’s Legislative Agenda. The article outlins bills that have recently become law as well as bills that are pending. I am pleased to report that Governor Spitzer has signed his first two bills for Firefighters. Chapter 5 of the Laws of 2007 clarifies and corrects the WTC Death Benefit Bill. The state portion of the death benefit will now be paid to the beneficiaries of those members that die as a result of a WTC related illness. Currently the families of four Firefighters will benefit from this law, including a Firefighter that succumbed to Interstitial Pulmonary Fibrosis in August of 2004. This is the first death that we believe is directly related to exposures at the site. He has also signed the PERB extender into law - Ch. 12 of 2007. Continue to check the Political Action button on the UFA Web site for further information on our agenda. We will continue to update you on union matters through 65-2’s and Webcasts. As always, stay safe! Photo Credit: Todd Maisel
The casket of Firefighter Daniel F. Pujdak arrives in honor at St. Cecilia’s Roman Catholic Church in Greenpoint, Brooklyn.
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2007 Lobby Day and Legislative Update By JAMES SLEVIN UFA Vice President/ Legislative Chairman irefighters traveled to Albany to support the UFA’s Legislative Agenda on Tuesday, June 26th. Earlier in the day the UFA Executive Board met with Governor Spitzer and presented our agenda to him. Although he did not give us a commitment on any particular items, he was very receptive and promised that all of our bills that were sent to him would be judged fairly and on the merits. He has already signed numerous bills for us this year which are listed below. Meetings were also held throughout the day with other legislators. Firefighters were able to present the issues that are important to them and the legislators were very receptive. One bill that has not been acted on yet is the MTA Fare Waiver. We are hopeful that the legislature will revisit that issue when they reconvene over the summer. The UFA Executive Board would like
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to thank all the members that participated in Lobby Day. The tentative date for Lobby Day 2008 is June 10, 2008. We look forward to seeing you there. The Following Bills are awaiting Legislative Approval Citizen Soldier Salary Act A9106 (Lancman) or S6180 (Golden) The bill would address the travesty of city employees being hit by the City with bills in the tens and hundreds of thousands of dollars after returning from Iraq or Afghanistan. MTA Fare Waiver for Firefighters A8559 (Abbate) or S6093 (Maltese) This piece of legislation would permit members of the FDNY to receive a fare waiver on New York City's public transportation system. Crediting Prior Service by the Fire Department Pension Fund A4529 (Seminerio) or S2414 (Padavan) Passed the Senate& Assembly – waiting to be sent to the Governor. This bill would credit pension service for members who served in various uniformed titles prior to gaining employment with the New York City Fire Department. A6537 Terminal Leave (Abbate) or S3598 (Maltese) – Needs Home Rule
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This bill would allow members of the New York City Fire Department to take a monetary payment in lieu of Terminal Leave at the rate applicable at the date of retirement. Legislation already passed and signed into law Amendment of the General Municipal Law, as it Relates to Accidental Death Benefits Under the WTC Presumptive Bill. A4697 or S2509- Signed By Governor Spitzer Ch. 5 of 2007 This amends the existing law by correcting a technical deficiency for the accidental death benefits to the beneficiaries of WTC responders who, in the performance and discharge of their duty, were exposed to toxic substances as a result of the terrorist attacks of 9-11 and subsequently lost their life. Current law, Chapter 445 of 2006, only provides the accidental death benefit provided by NYC and does not provide the benefit paid by NYS. This bill corrects that technicality. PERB EXTENDER A3872 or S1597 - Signed By Governor Spitzer Ch. 12 of 2007 Extends for an additional two years the effectiveness of provisions establishing dispute resolution during collective negotiations. GENERAL BENEFITS EXTENDER S2084 or A5782a – Signed By Governor Spitzer Ch. 27of 2007 Extends certain temporary benefits and supplementation programs. Heart Bill, Cancer Bill, HAT Bill and ITHP. TIER II PENSION EXTENDER S5832 or A5738 – Signed By Governor Spitzer Ch. 63 of 2007 Extends application of article 11 of the retirement and social security law to all police officers and firefighters who joined the system before July 1, 2009 LINE OF DUTY WIDOWS COLA A5658 or S2492 - Signed By Governor Spitzer Ch. 39 of 2007 Increases certain special accidental death benefits for surviving spouses and children of certain police and fire personnel. The UFA also supports many other bills in Albany, such as legislation being promoted by the NYS AFL-CIO and the Public Employees Conference, of which we are members and regularly attend meetings. This legislation includes, but is not limited to, increased COLA Benefits, Taylor Law Revisions, and Pension Protection Legislation. Although these bills did not pass this year, next year is an election year for the Senate and Assembly and, we are hopeful that we can leverage our needs for even greater success.
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PHOTO CREDIT: Stephen N. Symbolik
UFA LOBBY DAY 2007
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UFA & MDA By Stephen G. Humenesky. Queens Trustee or over a half a century, our parent union, the IAFF has supported the Muscular Dystrophy Association in its efforts to raise money to fund research to find a cure for this disease. The money raised also funds the many programs that the MDA runs to help the families of children afflicted, as well as running a summer camp program geared to their special needs. Several years ago the UFA joined in this effort by sponsoring the “dollar a member per meal program,” which to date has been a huge success. Last year, the UFOA, in conjunction with the local chapter of the MDA, took part in the first ever “Fill the Boot” program held in the City of New York. Many of you may be familiar with this program which is held by IAFF firefighters nationwide. Firefighters holding a fire boot collect donations from the general public. Last year members collected over $13,000 in a two-day effort in Times Square. This year the UFA is proudly joining in with the UFOA. e will run these events on July 19th and August 2nd between the hours of 3pm – 8pm in Times Square. We will also have events on July 26th and August 9th between the hours of 3pm – 8pm at the Penn Station entrances. To be successful, volunteers are needed from our ranks. Anyone wishing to help (or if you need further information) should contact Queens Trustee Stephen Humenesky at 212- 545- 6967 or William Romaka at 212-545-6964.
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2007 UFA DELEGATE E
The 2007 UFA Delegate Education Seminar was held in Atlantic City from May 1-4. This year, the UFA honored the FDNY Chaplains at the banquet on Thursday evening. Each of the chaplains: Rev. Msgr. John Delendick, Rev. Msgr. Marc J. Filacchione, Rev. Stephen Harding, Rev. Joseph Hoffman,
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EDUCATION SEMINAR
Christopher Keenan, OFM, Rabbi Joseph Potasnik, Rev. Joel Warden, CO, and Rev. Everett Joseph Wabst received an engraved plaque expressing the UFA’s deep appreciation for their extraordinary work and devotion to the members of the FDNY. (PHOTO CREDITS: Stephen N. Symbolik)
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A HISTORY OF THE UFA GROUP LIFE INSURANCE he UFA has admini stered a Group Life Insurance Program ("Program") for its members for more than 31 years. CurrentBy Robert Straub ly, active memTreasurer bers in the Program can obtain insurance from $100,000 to $400,000, with dependant coverage for a spouse in the amount of $100,000 and coverage of $4,000 for eligible children. In addition, there is also an Accidental Death & Dismemberment ("AD&D") policy of $100,000 for active members, with a spousal benefit of $25,000 and a benefit for children in the sum of $5,000. The retiree has an AD&D policy of $10,000 per member with a spousal benefit of $5,000 and a benefit for children in the sum of $2,500. To explain how the current premium levels were calculated, a brief history of the Program is necessary. When the Program began in 1976, the underwriter was Prudential Insurance ("Prudential"). The UFA created a special fund to try to keep premium levels as affordable as possible for firefighters. That fund is known as the Stabilization Reserve Fund ("Fund") and still exists today. When the Program with Prudential began, firefighters who volunteered to participate were charged 24 cents per $1,000 of coverage per month, with maximum coverage of $100,000. Of the 24 cents per $1,000 that was being paid by firefighters, Prudential actually received only 17 cents. Of the remaining 7 cents, 2 cents went to pay for administrative expenses, such as salaries,
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office supplies, etc., and the remaining 5 cents was put into the Fund. The Prudential policy premium structure was based upon its loss experience with the coverage. In other words, if there were few life insurance claims, the premium could remain level or it could be reduced. If, however, in any given year there were an unusual number of deaths, it would negatively affect the premium structure. The Fund was intended to prevent any drastic rise in premiums. Thus, the deal worked out with Prudential was that if they had a bad loss experience, Prudential could only collect, in addition to its regular premium, up to an additional 5 cents per thousand dollars of coverage per member from the Fund. The members themselves would not pay the increase. On the other hand, in a good year Prudential would not come after the Fund and would actually pay a dividend to the Fund based upon their savings on premiums. We were lucky in that we had several good years and the Fund balance kept growing. As a result, the UFA was thereafter able to offer life insurance coverage to retirees at a reduced rate. The growing Fund enabled the UFA to subsidize one third of the premium for retirees (retirees would pay two third's of the premium). As noted, the Fund had grown and, by 1994, the Fund balance was more than $6.4 million. However, in 1994, Prudential advised the UFA that they would have to impose a substantial increase in premiums simply as a result of inflation and increased expenses. The UFA Board, in compliance with its fiduciary duty, decided to issue a Request for Proposal ("RFP") so that other companies could bid on the insurance contract, together with
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Prudential. As a result of that RFP process, on October 1, 1994 the UFA entered into an agreement with Hartford Insurance ("Hartford") to provide life insurance coverage. The contract was for four years of coverage. Like Prudential, the coverage was experience rated, but a different payment structure was installed. Instead of 24 cents being charged to firefighters for every $1,000 worth of coverage, a more complicated formula was imposed - based on the amount of coverage requested by the firefighter. The contract with Hartford also required that the Fund put a $2,000,000 deposit in escrow against possible bad experience years. The $2,000,000 was put into an interest bearing account, which would be returned to the Fund after the four year contract expired. However, if there were sufficiently bad experience years, Hartford could take up to the $2,000,000.00 principal (but not the interest earned). In addition, a decision was made by the UFA Board during the Hartford policy term to increase the percentage of the subsidy for retirees from one third to 46%. Furthermore, during the term of the Hartford policy, the coverage that was available for active firefighters was raised from $100,000 to $200,000 and $50,000 in coverage was offered to spouses. However, by 1996, the Fund balance began to diminish. The subsidies paid for premiums for active firefighters and retirees were exceeding the amount of money being deposited into the Fund. Thus, although the Fund balance in 1996 was up to $7.2 million, by 1998 it was down to $6.35 million and was continuing to decline. Unfortunately, the experience under the Hartford policy was not good and, Continued on Page 10
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On Se pte mb e r 11 , 2001, Ne w Yo r k City lost 41 4 f ir s t r e sponde r s. T h o s e numbe r s inc lu d e Fir e f ighte r s , Po lic e Off ic e r s, Co u r t Off ic e r s, Fed e r a l Age nts, Port Author ity Off ic e r s a nd EMTs. I n Br ooklyn’s Ke yspa n Par k , a tr ibute to th o s e br a ve souls is b e in g built. The f ir st ph a s e o f the me mor ial is done . La se re ngr a ve d gr a n ite por tr a its of th e me n a nd wome n o f Br ooklyn w h o d ie d on 9/11 a r e in pla c e . This ye a r, Ga r y Sine se , the a w a r d winning a c to r a n d sta r of CSI : N e w Yor k, is giv in g f und r a ising c o n c e r t so tha t th e r e s t of the me mo r ia l c a n be built. Th e s e tw o r e ma ining s e c tio n s will ha ve la s e re ngr a ve d gr a n ite por tr a its, new sc ulptur e s, a n d insignia of th e f ir s t
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Continued from page 8 by the end of the third year, the full $2,000,000 in principle held in escrow was gone as Hartford had collected it to cover its losses. The fourth year was also a bad year, but there was no longer any money in escrow for Hartford to take. When the Hartford policy expired in 1998, a new RFP was sent out and a contract was eventually signed with AIG. Unlike the previous policies, the premium was not based upon experience, it was fixed. Moving to a non-experienced policy worked to the funds advantage in the aftermath of the 9/11 tragedy. During this time, between the Group Life insurance and the AD&D policy, AIG paid out over 44 million dollars. However, again in an effort to assist firefighters getting coverage, the Board decided to keep its premium contributions by firefighters at the same levels as they were with Hartford - firefighters paid no premium increase. The subsidy came out of the Fund. Unfortunately, the formula that had been used to calculate the contri-
butions to the Fund under the Hartford and AIG policies resulted in less revenue for the Fund in comparison to its premium subsidies. In other words more money was coming out of the Fund then going into it. Furthermore, the UFA started AD&D coverage in January 1996. The cost of this coverage was paid entirely by the Fund - there was no cost to firefighters. Additionally, the life insurance coverage available to a firefighter jumped from $200,000 to $300,000 in March 2002 and, in June 2006, the available coverage went to $400,000 for active firefighters and up to $125,000 for retirees, if they had the maximum $400,000 of insurance for one year prior to retiring. Finally, another reality was the fact that after 9/11, many people retired so that the number of the retirees receiving the generous 46% subsidy at that time increased significantly. As a result of these subsidies and the other facts as noted above, by the end of 2005, the balance was down
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to $1.24 million and sinking. Accordingly, in June 2006 the current Board took some drastic measures to save the Program. We negotiated a new deal with AIG at a lower rate and still had to increase the premiums of both active and retired firefighters. In addition, the Board reduced the subsidy for retirees to 25% of the cost of the retiree premiums (down from 46%). The trustees have a fiduciary responsibility of maintaining the solvency of the fund. In sum, the premium increases and subsidy decrease that took place in June 2006 were an absolute necessity to keep the Program viable. The increase was necessitated by the prior generosity of the premium structure and the subsidies paid by the Fund. Hopefully, this article has helped answer any questions you might have had about the Group Life Insurance Program. However, if you still have questions or concerns, please feel free to contact me at the UFA office.
GONE BUT NOT FORGOTTEN
Engine Co 213 was organized in 1869 to protect the Brooklyn neighborhoods of Williamsburg and Greenpoint from fire. This area is a mix of warehouses, factories, lumber yards, and wood-frame tenements. Because of these factors, Engine Co 213 always had a heavy fire workload yet, despite this, the company was closed on December 1, 1959. Gone but not forgotten! Herb Eysser, UFA Staff
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Health & Safety Information By WILLIAM ROMAKA Health & Safety Officer ears ago, ceilings in firehouses were painted black black to cover the diesel emissions from our apparatus. The UFA, through its much respected Sergeant-at-Arms Danny DeFranco, was instrumental in bringing the Nederman Systems to our firehouses. This device has helped add years to many a firefighter’s retirement. Today, while they have worked well, it is important to remind the members of how best to use this system to protect your health. It is important to realize the difference between an emergency call, a request for an improvement, or additional Nederman. Should a problem with the Nederman, it is important an Officer is notified immediately. It is up to the Officer to notify the Resource Center at 718-999-4357 and get a work order number. The contract states that Nederman has to respond to emergencies within 24 hours, however, they work only Monday through Friday. Consequently, this is sometimes the reason for a delay in repairs. When the Nederman System is not working properly. every Firefighter should fiil out and submit a CD-73 documenting exposure to diesel fumes. The CD-73 should be filled out and submitted for each tour you
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work!. The paperwork brings attention to the issue and it protects individual firefighters by providing documentation and support that could possibly help in future disability retirement cases. Particular attention needs to be paid to spare apparatus. There are also issues in certain firehouses that only have one bay door. With all the additional apparatus being added to the fleet, requests have to be made for additional Nedermans. It is suggested that you never have two rigs started at the same time unless they both have their own Nedermans. It might be necessary to pull one rig out and bring the Nederman back for the other apparatus before starting. While this is not ideal, requests for additions or improvements usually take time and the emphasis has to be on your overall health. As the UFA takes these issues seriously, please don’t hesitate to call my office (212) 683-6964 if you feel there has been an unnecessary delay. Before you call, please have the work order number handy. When notifying the UFA, it is also beneficial to have the Officer notify the UFOA as the more people we have addressing the problem, the more quickly it can be solved.
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GIULIANI UNQUALIFIED! by Stephen J Cassidy UFA President udy Giuliani is seeking the 2008 Republican nomination for the Presidency. The UFA will never support him and will make it known that he is not qualified to be President. The IAFF, with the support of the entire UFA Executive Board, has produced a video chronicling the events leading up to, during, and subsequent to 911. A link on our Web site is available for viewing (Go to: www.ufanyc.org). The IAFF’s goal is to inform all of it members across the United States about the real Rudy and to expose the myth of “America’s Mayor.” The start of this Presidential election cycle is the earliest in history. The large amounts of money and early campaigning going on by all the candidates made it important to tell the truth about Rudy Giuliani. As the campaign unfolds, the UFA will be evaluating all credible candidates for President. We know Rudy Giuliani is unqualified to be President!
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STANTON & GUZMAN, LLP Attorneys at Law Jack Stanton, Esq. Stacey Rinaldi Guzman, Esq. Kenneth H. Larkin, Esq. The Law Firm for the Injured and Disabled SOCIAL SECURITY DISABILITY 585 Stewart Avenue, Suite 410 Garden City, New York 11530
Phone: 516-222-0099 Fax:516-222-0079 Email:
Stanton-Guzman@verizon.net
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Uniformed Firefighters Association Of Greater New York 204 EAST 23rd STREET, NEW YORK, N.Y. 10010-9998 Tel (212) 683-4832 • Fax (212) 683-0710 www.ufanyc.org
STEPHEN J. CASSIDY President ENG 236 JAMES M. SLEVIN Vice President
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JOSEPH MICCIO Recording Secretary
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ROBERT STRAUB Treasurer
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WILLIAM ROMAKA Health & Safety Officer Sergeant-at-Arms
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LESTER LAYNE Fire Marshal Representative
STEPHEN J. CASSIDY Editor-In-Chief
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DONALD RULAND Trustee-Staten Island
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JOHN G. KELLY, JR Trustee-Brooklyn ENG 201 Chairman, Board of Trustees STEPHEN G. HUMENESKY Trustee-Queens ENG 301 DANIEL MURPHY Trustee-Manhattan
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EDWARD BROWN Trustee-Bronx
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STEPHEN N. SYMBOLIK Managing Editor
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