Los Angeles County Firefighters Local 1014 - The Nozzle Spring 2019

SPRING 2019 Dave Mills

THE NOZZLE

PRESIDENT’S MESSAGE Dear Brothers & Sisters, On behalf of the more than 3,200 members of Los Angeles County Firefighters, IAFF Local 1014, representing Firefighters, Paramedics, and Fire Service Personnel, our Executive Board is proud to present the Spring 2019 edition of our quarterly newsletter, The Nozzle.

The first quarter of 2019 began with your Local 1014 Executive Board lobbying federal, state and local governments on critically important issues such as behavioral health, workers’ compensation, pension protection, and health care for our members. Your Executive Board is consistently fighting to keep our members and their service to the community in the forefront for our elected representatives. As political climates ebb and flow, we cannot afford to have our members wages, benefits and working conditions be neglected.

Dave Gillotte President Los Angeles County Firefighters Local 1014

By the time you read this newsletter, the Board of Supervisors will have ratified our contract and you will be seeing the bump in your paychecks shortly. This contract was extremely difficult to negotiate due to the uncooperative spirit of the CEO’s office but we prevailed and secured a deal that reflects the value of our members and their sacrifice. Our Executive Board has been hard at work negotiating for our 603/604 bargaining unit members and we should have an update on that contract in the next Nozzle edition.

In this newsletter you will find the first in a series of articles on understating your pension, a summary of the Family Medical Leave Act and its use for baby bonding, and a look at our upcoming work with the Muscular Dystrophy Association through the Fill the Boot campaign. Additionally, you will also find a summary of our legislative work at the Annual IAFF Alfred K Whitehead Legislative Conference in Washington DC. We hope you find these articles informative and educational. Be safe out there and remember to take care of each other.

As always feel free to contact me or our Executive Board at any time if you have questions, comments or suggestions. I can be reached at daveg@local1014.org or 310-925-2358.

In Solidarity, DAVE GILLOTTE President Los Angeles County Firefighters, IAFF Local 1014

By the time you read this newsletter, the Board of Supervisors will have ratified our contract and you will be seeing the bump in your paychecks shortly.”

TABLE OF CONTENTS & UPCOMING EVENTS

INSIDE THIS ISSUE President's Message

UPCOMING EVENTS

Guest Article: LA County’s Workers’ Compensation System

Local 1014 General Membership Meeting

Understanding Your Pension: Part 1

• Tuesday, May 14, 2019 at 10:00 AM

Utilizing FMLA Time for Baby Bonding

• Tuesday, June 11, 2019 at 10:00 AM

The Annual IAFF Alfred K. Whitehead Legislative Conference MDA Fill The Boot – Coming Soon

Alfred Whitehead Union Hall 3460 Fletcher Ave. El Monte, CA 91731

Bernie Deyo

WORKERS’ COMPENSATION

GUEST ARTICLE: LOS ANGELES COUNTY FIREFIGHTER WORKERS’ COMPENSATION SYSTEM

By Ben Helquist, Esq., Straussner & Sherman

Note: A shortened version of this article also appeared in the Health Line this quarter.

Firefighter’s in the state of California have two special benefits above-and-beyond typical workers who are injured on the job: Labor Code 4850 benefits (also known and “I” time), and certain injuries that are presumed to be due to work as a firefighter. This article examines each of these benefits, but also goes into detail about the unique Dispute Resolution Agreement (“DRA”) that Local 1014 has built along with the Department in order to expedite the workers’ compensation process and more fairly resolve any disputes about what treatment an injured firefighter might need. This article addresses each in turn.

LC 4850 BENEFITS Adam Van Gerpen When a firefighter is injured on duty he may be deemed totally temporarily disabled (“TTD”) by his doctor. This status means that the firefighter is unable to work in any capacity and, under Labor Code 4850, is entitled to a “wage replacement” benefit that consists of his full salary, inclusive of mandatory overtime, without any tax deduction. LC 4850 benefits are also payable when a firefighter is partially temporarily disabled, meaning he cannot do the full duties of a firefighter, and the County is unable to accommodate his temporary work restriction. However, if one is partially disabled and he is offered an accommodated position he is no longer entitled to “I” time.

This benefit will last for one cumulative year (52 weeks) per date of injury. The benefit can be utilized for up to five years from the date of injury. However, this benefit will only ever be paid if a firefighter is TTD, or TPD and unaccommodated by the Department.

If a firefighter exceeds his 52-week allotment of “I” time and continues to be TTD or TPD, he may take advantage of another year of normal TTD benefits at the same rate as what all other injured workers receive: 2/3 of an individual’s average weekly wage, capped at a specific amount dependent on the year of injury. In 2019, the maximum TTD rate is $1,51.38 per week, tax free. The County allows an individual to supplement this amount with his own accrued hours to reach full salary, but those supplemental hours are taxed and will not be returned to an individual once used.

Randy Johanson

PRESUMPTIVE INJURIES

When an injury is “presumed”industrial it means that if a firefighter incurs a certain injury or disease while on the job, or in a certain time period after working, that the injury is automatically considered due to work unless and until the County or its attorney can disprove that the injury was work related.

Disproving, or “rebutting,” a presumed injury can only be done in certain ways and is typically a difficult task.

Nevertheless, the County’s third party administrator for workers’ compensation still almost always denies liability of all presumed injuries. This certainly, however, does not mean that the injury will not ultimately be found work-related and that benefits will be paid.

The presumed injuries/illnesses related to firefighters are as follows: heart, cancer, blood-borne infectious disease, hernia, pneumonia, tuberculosis, injury from exposure to biochemical substance, and meningitis.

There are a number of rules that surround the application of these presumptions, and as mentioned, the County’s administrator usually denies them out-of-hand. Thus, it is usually necessary to seek an attorney’s representation for major illnesses like cancer and heart trouble.

It is also noteworthy that all of these presumptions apply to firefighters who are actively employed by the Department, but also continue to cover those separated or retired from the job for a certain time period after the day a firefighter last worked. For all presumed injury or illness, except cancer, can extend up to five years post last-day-worked. A firefighter “earns” three months of post separation coverage for every year he worked, with a five-year cap. So, a ten-year career as a firefighter will earn 30 months post-separation coverage for all presumed injuries.

Cancer, however, is capped at ten years, with the same principle: three months of coverage for every year worked as a firefighter. The extension of cancer from a five-year maximum to a ten-year maximum was part of legislation sponsored by Local 1014 and the act was named after deceased LA County Firefighter, William Dallas Jones.

THE THIRD-PARTY ADMINISTRATOR PROCESS

The Fire Department administers its workers’ compensation program through a third-party administrator (“TPA”). If a firefighter is injured, he, or his superior, files a DWC-1 form that alleges industrial injury. The TPA then has up to 90 days to investigate the claim, send the firefighter to a doctor, and must authorize up to $10,000.00 worth of medical treatment.

In order to expedite this process, the County and Local 1014 has developed the DRA, which incorporates the use of Independent Medical Evaluators (“IME”) to resolve disputes related to any workers’ compensation claim. This includes issues of whether the injury was work-related, whether the firefighter is TTD, and whether certain treatment is reasonable and necessary to cure the injury.

The IME is charged with evaluating the injured firefighter and issuing a report with his or her findings 30 days thereafter. The IME‘s opinions control, and require both the injured firefighter and the County to comply. Thus, if the IME finds an injury industrial, temporary disability warranted, or medical treatment necessary, the TPA is required to provide these benefits.

If an injured firefighter disputes the IME’s findings his attorney is able to challenge or clarify these opinions with further inquiry or by the doctor’s deposition.

YOUR PENSION

UNDERSTANDING YOUR PENSION: PART 1 By: Director Kurt Kobler When we first applied to the academy, we all had a vision about what becoming a Firefighter meant for our future. We knew exactly what we were getting ourselves into—it was going to be an exciting and fulfilling career with great wages, health benefits, and a pension. Most of us did not think about 30 years down the road and what having a pension will mean for our family and our retirement lifestyle. We never question how the pension is funded, how investments into it are made, how funds are dispersed, or what percentages we pay versus what percentages our employer pays. While we may not have considered questions about our pension when we first signed on, we cannot afford to remain in the dark about our pension systems any longer.

Unions and public employee pension systems are under an unprecedented attack at every level of government. Local 1014, along with our brothers and sisters in the fire service, law enforcement, education, nursing and other public sector employees, are active in a number of coalitions like The National Conference on Public Employee Retirement Systems (NCPERS) and The National Public Pension Coalition (NPPC) focused on protecting our pensions and the future of public employee pensions across the nation. We must work at all levels to secure our retirement system.

From the national level to the individual level, Local 1014 wants to ensure our members understanding how we are fighting to secure your retirement. Over the next few months, we will be featuring articles centered on understanding your pension and protecting your future.

SO, WHAT IS A PENSION?

A pension is a retirement plan that requires your employer to put money into a fund to be used for income when you retire. Often, as in the case of Los Angeles County, both the employee and the employer contribute; however, the employer is responsible for the majority of the investment.

The idea is that a retirement pot is built up by investing consistently over a number of years. The funds invested by the employer and the employee are considered pre-tax income. Therefore, the money that you save into a pension gets a boost from tax relief, so effectively you are saving out of untaxed earnings.

WHAT TYPE OF PENSION DO WE HAVE?

Local 1014 members have what is referred to as a defined benefit pension. The pension is “defined” because the formula for what we earn in retirement is predetermined as is the benefit.

HOW DOES A DEFINED BENEFIT PENSION WORK?

A defined benefit pension plan is a type of pension plan in which an employer promises a specified pension payment upon retirement. This payment is predetermined by a formula based on several factors including the employee's earnings history, tenure of service and age. A simple example is a dollars X service plan; under this model, retirement is calculated based on the time an employee works for a company or government agency and equates to a specific amount per month.

The Los Angeles County Retirement Association (LACERA) is the administrator of our defined benefit pension plan. The County Employees Retirement Law of 1937 directs LACERA to administer defined retirement plan benefits for the employees of Los Angeles County. Under the defined benefit plan, the employer is responsible for investing the contributions. If the assets in the pension plan are not sufficient to pay the benefits, the employer is liable for the remainder of the payment.

WHAT’S THE DIFFERENCE BETWEEN A DEFINED BENEFIT PENSION PLAN AND DEFINED CONTRIBUTION 401(K) PLAN? Whereas the defined benefit pension plan is funded by the employer, the defined contribution, more commonly known as the 401(k) plan, is funded by the employee with a limited employer match. The employer’s contribution, not the benefit, is what is “defined” in this plan.

For example: the employee may choose to contribute 20% of his earnings toward his retirement, but the employer will only match the percentage they choose to match (usually up to 6%). If the employee only contributes 3% then the employer will only match 3%, even if the employer can match up to 6% per the defined plan. If the employee chooses not to contribute, then there is no obligation for the employer to invest. The employee is always contributing equal to or more than the employer.

A defined contribution 401(k) plan allows you control over your fund contributions and how they are invested but does not guarantee a return. The defined benefit plan guarantees a monthly check in retirement, a 401(k) does not offer guarantees.

CONCLUSION

This was a brief overview of what is a pension is and how defined benefit plans work in comparison to defined contribution 401(k) plans. The defined benefit plan allows employees to have a secure retirement income that they can count on and required the employer to be equally invested in the health of the retirement funds. Local 1014 is committed to ensuring that our members receive what they were promised when they signed up and are rewarded for their years of service to the community with a secure and reliable retirement.

The next article in this series will cover current and pending state or federal legislation that is either attacking or fortifying public employee pensions. We will also cover the “California Rule” which is currently under attack at the state and federal levels. The current interpretation of the rule is that pension benefits, once increased, cannot be reduced for existing employees even for future years of service without the agency providing a benefit of equal value to the employee.

As public employees, our Local 1014 members need to be vigilant and invested in lobbying against these attacks on our retirement and our future at every level of government. Your Local 1014 Executive Board is leading the fight to protect your family’s future. We will be informing you about more of our efforts as this article series progresses.

If you have any questions, please feel free to call me at 949-576-8371 or email me at kkobler@local1014.org.

BABY BONDING

UTILIZING FMLA TIME FOR BABY BONDING By: Director Jason Green

As first responders, we often have the responsibility of providing care and support for children and family members of our residents. We see firsthand the power of social interaction and its ability to help someone through a difficult situation, whether it is a wildfire, a car accident or a medical emergency. Although we see it in our job every day, it can be easy to overlook the need for interaction and bonding in our own families.

Baby bonding with your newborn is one of the most important things you can do for your child’s development both physically and neurologically. According to Dr. Mary Beth Steinfeld, a developmental and behavioral pediatrician at University of California, Davis Medical Center and UC Davis Children's Hospital in Sacramento: “Babies who are held and comforted when they need it during the first six months of life tend to be more secure and confident as toddlers and older children.”

Study after study confirms that babies receive a tremendous benefit from consistent interaction and bonding with both parents during the first six months of birth. Though not perfect, the County’s Family and Medical Leave Act (FMLA) policy provides a pathway for a strong parent child connection. It also provides quarter for employees that are presented with life’s challenges. i.e. family, medical, and work.

The Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA) and the Pregnancy Disability Leave Law (PDL) provide a means for employees to balance their work and family responsibilities by taking unpaid leave for qualifying reasons. These leave laws are intended to promote the stability and economic security of families as well as the County’s interest in preserving the integrity of families.

The Family and Medical Leave Act (FMLA) is a federal law that can be of assistance if you need to take time off from work because of family responsibilities. Enacted in 1993, FMLA requires certain companies to provide employees unpaid leave for issues related to family (such as caring for a newborn or adopted child) or health issues (your own or a family member's). Additionally, California has implemented a Paid Family Leave (PFL) insurance program, which when taken in conjunction with FMLA and California Family Rights Act (CFRA) leave, provides up to six weeks paid leave.

REMEMBER: You can use FMLA for baby bonding or for other issues. i.e. personnel medical issue, sick family member, taking care of elderly family member To qualify for FMLA, an employee must have: 1) an aggregate of 12 months of County service, which need not be consecutive; 2) worked at least 1,250 hours during the 12-month period immediately preceding the first day of leave; and 3) a qualifying leave reason.

Follow the Department staffing procedures for requesting time off File for baby bonding 30 days out before event Baby bonding is up to 12 weeks and can be continuous or intermittent. If it is taken intermittently, it is taken in 2-week blocks, with some exceptions Any benefit time may be used except for sick time To ensure compliance with the FMLA policy be sure the proper IPFIRS code is imputed into the payroll system Event code 078 with reason code 157 (FMLA Intermittent Bonding) must be if the employee uses accrued available leave time for the FMLA reason indicated above; OR Event code 076 with reason code 157 (FMLA Intermittent Bonding) must be used if the employee is on a no pay status (AWOP Authorized) for the FMLA reason indicated above

Ideas and norms about raising children are always changing and evolving but one thing never changes, the belief that the most important thing in our lives is our family. It is what bonds us together as union members and what makes us stronger. We have a stressful and dangerous job and while we are often pushed to our limits to care for other’s family members, we also need to be cognizant of our own family’s needs.

Please contact the Lisa Maldonado Sr. DPA at the Los Angeles County Fire Department’s Personnel Division at 323-881-2431 or lisa.maldonado@fire.lacounty.gov to start the process.

If you have questions on this program, please contact me at 805-798-3580 or via email at jgreen@local1014.org.

LEGISLATIVE CONFERENCE

THE ANNUAL IAFF ALFRED K. WHITEHEAD LEGISLATIVE CONFERENCE

THE LEGISLATIVE AGENDA INCLUDED: Public Safety Collective Bargaining Rights - The Public Safety Employer-Employee Cooperation Act of 2019 Supporting Fire Fighter Mental Health - The Helping Emergency Responders Overcome Act of 2019 Early Medicare Buy-In for Public Safety Workers -Expanding Health Care Options for Early Retirees Act

In March, your Local 1014 Executive Board was hard at work lobbying our federal representatives on legislation that impacts not only our LA County Firefighters but Firefighters across the nation.

The Annual Alfred K. Whitehead Legislative Conference, has long been the cornerstone of the IAFF’s legislative efforts. Firefighters have won many significant victories over the years - from the Staffing for Adequate Fire and Emergency Response (SAFER) program, to defeating legislation designed to undermine our members’ defined benefit pensions - due in large measure to the work of union leaders at this conference.

Extending the 9/11 Victim Compensation Fund - Never Forget the Heroes: Permanent Authorization of the September 11th Victim Compensation Fund Act Reclassifying 9-1-1 call-takers and dispatchers – 911 Supporting the Accurate Views of Emergency Services Act (911 SAVES Act) Testing DoD Fire Fighters for PFAS Funding for Urban Search and Rescue Response Teams Funding for SAFER and FIRE Act Grants

Named after Alfred K. Whitehead former Local 1014 President and President Emeritus of the IAFF, this conference provides our Union the opportunity to advocate directly with our local federal legislators on key issues, including legislation impacting your jobs, health, safety, and economic security.

Thank you to all our local congressional representatives who met with us including: Congressman Adam Schiff, Congresswoman Nanette Diaz Barragán, Congresswoman Katie Hill, Congressman Ted Lieu, Congresswoman Linda Sánchez and U.S. Senators Kamala Harris and Dianne Feinstein.

Political action is one of the most important things we do as a Union to effect change for our member’s wages, benefits and working conditions. No matter what your political views, there is no question that as a Union we need to be active with all our elected representatives at every level of government to ensure we continue to have the health and safety protections and economic security we need and deserve as we sacrifice to keep our communities safe.

MUSCULAR DYSTROPHY

LOCAL 1014 JOINS THE FIGHT AGAINST MUSCULAR DYSTROPHY Each year Firefighters across the nation take to the streets, including Firefighters from the Los Angeles County Fire Department, for the Muscular Dystrophy Association’s (MDA) “Fill the Boot” events across the country to help kids and adults with muscular dystrophy live longer and grow stronger.

Over the past three years LA County Fire alone has raised over $360,000 in support of MDA, through participation in our annual Fill the Boot campaign. We are the second largest fundraiser in the state for the MDA—this year, we want to be #1!

With our collective strength, we are helping to free individuals and the families that love and care for those affected from the challenges of these devastating diseases that take away physical strength, independence and possibly lives. MDA, with the support of the International Association of Fire Fighters (IAFF), is actively promoting the scientific breakthroughs that will drive progress and has produced results in this year and for the future.

MDA maintains a nationwide network of 200 clinics, six of which are located in the Greater Los Angeles District. Funds raised by our Firefighters each year go directly towards helping these kids get lifechanging medicines and therapy treatments.

EVERY DONATION MAKES A DIFFERENCE! $75/minute – Spent on MDA research programs, supporting over 300 projects.

MAY 22-24, 2019 Los Angeles County Fire and Local 1014 will be engaging in a countywide Fill the Boot campaign.

We will begin asking our members to volunteer their time to walk the streets and ask the residents of Los Angeles County to “Fill the Boot.”

$3,500 – Cost to sponsor one child for camp $500 – Cost to replace the batteries for a power wheelchair For more information on how you can help, please contact Director Jason Cervantes.

LOS ANGELES COUNTY FIREFIGHTERS LOCAL 1014 3460 FLETCHER AVE., El MONTE, CA 91731 LOCAL1014.ORG