Using UFA Pattern: LBA Head:
Contract Before Labor Day

By REUVEN BLAU

Lieutenants' Benevolent Association President Anthony Garvey said he plans to have a new contract in place before his current deal expires in two months, despite a recent administrative decision that could limit his ability to negotiate more extended tours.

ANTHONY GARVEY: Says deal's on the way.

"We think our talks are going to go fairly swiftly," said Mr. Garvey, who predicted a new wage accord would be finalized by Aug. 31. "The successor contract is going to be a contract of no givebacks, and the overall value of the package will equal 9.75 percent."

Pegged to UFA Deal

The pattern, he said, was set by the Uniformed Firefighters' Association's recent two-year contract, which raised starting pay for new hires by nearly $10,000 in exchange for cuts in their paid holidays and other benefit cuts, and provided compounded wage hikes to incumbent Firefighters of 8.16 percent over two years.

The deal also included increases in annuity benefits and night differentials and gave approximately 500 firefighters in HazMat and Rescue units a 12-percent "specialty pay" increase. In addition, the contract raised longevity differentials by $1,000 and ended the requirement that Firefighters get FDNY approval before taking second jobs.

JAMES F. HANLEY: Garvey's friendly adversary.

"There are not fundamental roadblocks in our way," Mr. Garvey said. "We feel the pattern is established and set for this round, and it's a matter of application."

Labor leaders have speculated that the UFA deal could cause some problems for the LBA and other smaller unions. Specifically, they have wondered how those unions would replicate the 12-percent specialty pay that UFA President Stephen J. Cassidy secured for firefighters who have Haz-Mat training or are assigned to Rescue companies.

Called 'Free Money'

The city did not include the specialty pay as part of the basic package, leading Mr. Cassidy to describe it as "free money." Fire Department officials had urged that the differential be granted to place Firefighters in special assignments on the same financial footing as Police Officers assigned to the Emergency Services Unit.

But while the city is not "charging" the UFA for that gain, it is not clear that it will make an equivalent offer to the unions representing cops, correction officers and sanitation workers.

Mr. Garvey said that he will urge city negotiators to give the specialty bonus to his roughly 150 officers in special assignments and squads. "I think the negotiations will help determine what happens, along with the Police Commissioner's assistance," he remarked. "I certainly hope that we will be treated similarly."

Mr. Garvey has close ties with Labor Commissioner James F. Hanley, leading several union leaders to speculate that will help speed the negotiations along. Mr. Garvey, however, downplayed that connection.

'Respectful Adversaries'

"We do have an adversarial relationship," he said. "We have a respectful adversarial relationship that's built on respect and one's word - his word is his bond."

The union president noted that the current LBA contract did not stretch the starting pay for newly promoted Lieutenants, as practically all the other uniformed deals did during the first part of the bargaining round covering 2003 through 2004. "So we don't need to address the pay-stretch issue," Mr. Garvey noted.

But the 17-percent raises over 50 months and 16 days included in the present deal were partly financed by requiring newly promoted Lieutenants to work 13 additional tours and extending shifts for incumbent supervisors.

"We will attempt to ameliorate the pain on new Lieutenants with chart days," Mr. Garvey said. The new contract may include expanding the pilot voluntary 12-hour tour for platoon commanders in eight specified precincts, which has yet to kick off. The delay, Mr. Garvey said, was in part due to complications tied to setting up Harvard Medical School's role in analyzing officer-fatigue data.

Predicts Summer Launch

"So we can find out the pros and cons of 12-hour tours," he said. "It will start before the expiration of this contract, maybe by the end of July."

The longer tours are expected to enable Lieutenants to make more than 60 fewer appearances each year. The LBA had been seeking to establish extended tours for years but could never agree with the city on the ground rules of the program. Under the current plan, after six months, factors such as fatigue, use of leave, effect on overtime costs, and supervision will be evaluated by the NYPD and a labor-management committee.

The program has been jeopardized by a recent ruling by an Administrative Law Judge that extending officers' tours beyond eight hours is a prohibited subject of collective bargaining and violates state law, a decision that could require cops to work more tours.

The PBA has appealed the decision, arguing that ALJ Philip L. Maier's ruling directly contradicts prior case law on the issue. The PBA's appeal also pointed out that the city itself wasn't seeking to have the issue declared a prohibited subject of collective bargaining.

No One Thrilled

The LBA and several other unions have filed amicus briefs in support of the PBA's appeal. Previously, Mr. Garvey, who has clashed on bargaining strategy in the past with PBA President Patrick J. Lynch, had questioned his decision to seek the arbitration process that produced the ruling.

In a surprising move, the city has also appealed Mr. Maier's ruling, arguing that the city should be allowed to negotiate tour schedules.

Mr. Garvey, who initially said the ruling would delay his contract negotiations, cited the city's appeal in explaining his decision to move forward. "I think there's a willingness on the city's part by the fact that they are appealing Phil Maier's decision," he remarked.