Association of Novi Firefighters
Wins Act 312 Award

Firefighter Jerry Holtzman, President of the Association of Novi Firefighters, reports that MAFF and Fred Timpner presented their case to the Arbitrator who recently came down with an award for the Paid on Call Firefighters. The Arbitrator ordered the City of Novi to pay retroactive wage increases in the amounts of 3.25% for 2005, 3% for 2006, and 3% for 2007. The city wanted an increase in the attendance for required response to alarms to be 55%, however the Arbitrator agreed with MAFF in that the status quo of 40% response to alarms remains intact. A $200 per year allowance to pay for required EMT training was previously agreed upon.

Concerning Fred Timpner, Executive Director of MAFF, and his staff, Jerry said: "I think they did an excellent job. Everyone was happy...that is except for the city!"

Flashpoint
Summer/Fall 2007

Legal News
MAFF Files Unfair Labor Practice Charge Against
Macomb Township for Refusal to Bargain

The Michigan Association of Fire Fighters filed an unfair labor practice (ULP) charge with the Michigan Employment Relations Commission (MERC) on July 17, 2007 for their refusal to bargain over the issue of fitness-for-duty evaluations, specifically psychological evaluations. The Township wants the unilateral right to force individual Fire Fighters to submit to psychological evaluations without negotiating with regard to the issue. MAFF believes this to be a mandatory subject of collective bargaining.

On June 20, 2007, MAFF advised Macomb Township the issue was a mandatory subject of negotiations and provided the respective case law. On July 9, 2007, Macomb Township responded by stating, "Macomb Township finds the Union's handling of this matter inconsistent with past practice, and therefore, the Union has waived any rights it might have over fitness for duty evaluations." Interestingly, no past practice exists with regard to psychological evaluations in Macomb Township.

In response to the unfair labor practice filed by MAFF, Larry Dloski, attorney for Macomb Township filed an unfair labor practice against MAFF. The charge filed by the Township claims MAFF committed an unfair labor practice by demanding to negotiate with regard to the issue.

The Township believes they have the inherent right to demand a fitness for duty psychological because of the Management Rights clause in the contract.

The MAFF labor and legal staff cannot recall a time when an unfair labor practice was filed against them for a demand to negotiate with regard to an issue. According to Troy Scott, Labor Relations Specialist, this is a matter of the Township wanting to unilaterally change the terms and conditions of the collective bargaining agreement without negotiating over a mandatory subject.

"This is a matter of the Township wanting to impose their will upon the employees without bargaining. This organization is confident we will prevail with regard to the unfair labor practice charge requiring the Township to negotiate labor over the issue of psychological evaluations," said Troy Scott. As for the charge filed by the Township, MAFF does not believe any basis for it exists within the meaning of the Public Employment Relations Act and well-established case law.

The unfair labor practice charges are scheduled to be heard on October 10, 2007 by Administrative Law Judge Doyle O'Connor at the MERC offices in Detroit.

Flashpoint
Summer/Fall 2007

4th Year Wage Agreement Reached in Macomb Township

The Macomb Township Fire Fighters Association (MTFFA), represented by MAFF, negotiated wages for the fourth year of their agreement, which is due to expire on June 30, 2008. Jeff Craig, MTFFA President and MAFF President, along with Troy Scott, MAFF Labor Relations Specialist, ensured minimum increases of three percent (3%).

Seniority Fire Fighters with EMT certification received a four percent (4%) increase to their Alarm rate, making their pay $25.00 per hour. Seniority Fire Fighters without EMT certification received a three percent (3%) increase to their Alarm rate, making their pay $24.72 per hour. All Seniority Fire Fighters received a three percent (3%) increase to their Stand-By, Meeting, and Truck Check rates, making the pay $17.30 per hour for each category. Instructor pay was also increased by three percent (3%), making the pay rate $19.00 per hour. The wages listed above became effective July 1, 2007.

The parties also agreed to create a new classification, titled, "Recruit Fire Fighter." This classification was created for individuals whom, at time of hire, do not possess Fire Fighter I and II and/or Basic EMT Certification. Recruit Fire Fighters will have eighteen (18) months to obtain all three (3) certifications. Upon obtaining all three (3), the individual will be made a Probationary Fire Fighter.

Recruit Fire Fighters with no certifications will be paid $10.00 per hour. If one certification is held, the pay rate will be $12.50 per hour. If two certifications are held, the pay rate will be $15.00 per hour. Upon obtaining all three certifications and becoming Probationary, the pay rate will be $18.75 per hour for less than six (6) months of probation. Upon reaching six (6) months of probationary service, individuals will be paid at the rate of a Seniority Fire Fighter with EMT certification.

Flashpoint
Summer/Fall 2007

MAFF Legislative Report

Federal

Additional Funding Authorized for USFA

On May 11, the U.S. House of Representatives approved the reauthorization of the United States Fire Administration. The vote was approved under suspension, a time-saving procedure which requires a favorable vote from two-thirds of those members present. Congressman Nick Smith (MI-R), Chairman of the House Basic Research Subcommittee and sponsor of the bill, hailed the authorization measure as one of his "proudest achievements" in Congress.

Most significantly, the measure grants Congress authority to appropriate $46 million to the Fire Administration in Fiscal Year 2000, and $49 million in Fiscal Year 2001. (For fiscal year 1999, USFA received approximately $30 million.) The vote was seen by many as a declaration of support for the Blue Ribbon Panel's recommendation to increase USFA's budget. During floor debate, both Republicans and Democrats praised the work of the Panel and the many achievements of the Fire Administration throughout.

The legislation will require USFA to prepare a five-year plan of program activities including those conducted by the National Institute of Standards and Technology (NIST), the Department of Defense, and other federal agencies, and discuss how these activities can be coordinated among the respective federal agencies. It will require the Fire Administrator, in consultation with the Director of the Federal Emergency Management Agency, the Director of NIST and appropriate fire organizations, to submit a report to Congress on USFA's research agenda identifying research priorities, potential roles for academic and other research institutions, and ways to leverage resources through partnerships, cooperative agreements and other means.

Recognizing the need for additional anti-terrorism training for first responders, Congress authorized $14 million (FY 2000 - $6 million, FY 2001 - $8 million) for the National Fire Academy to augment its programs in this area. It will also require the Fire Academy to conduct a review of all courses and make recommendations for improving the delivery of its services.

"This (measure) will have the potential of saving countless numbers of lives, significantly reducing physical injuries, and decreasing the dollar amount of damages caused by fire and other forms of disasters," said Smith shortly before the vote. "I would personally like to thank everyone from the fire service who offered their support to me throughout this entire reauthorization process."

Next, the focus turns towards the Senate which must consider its own reauthorization measure. A point worth mentioning is that an authorization measure grants Congress the authority to spend money. The actual outlay of funds is considered in appropriation measures which Congress must approve prior to October 1, 1999, the start of Fiscal Year 2000.

Congress Approves Public Safety Medal of Valor
On May 18, the Public Safety Medal of Valor Act cleared its final hurdle in Congress when the Senate approved the measure by unanimous consent. The Senate action follows a favorable vote in the House of Representatives that occurred on April 13. The President is expected to sign the measure to establish the medal that will become the highest national award for valor by a public safety officer.

The sponsors of the House and Senate measures, Congressman Bill McCollum (FL) and Senator Ted Stevens (AK), both members of the Congressional Fire Services Caucus, deserve credit for guiding the legislation through their respective chambers. The act grants authority to the Attorney General to cite the recipient(s) of the award on the advice of the Medal of Valor Review Board, an eleven member panel appointed by Congress and the President. The panel will select a recipient for the award from the submitted nominations. All panel members are expected to have backgrounds in the fire service, law enforcement or emergency response.

"This award is an honor truly deserving of the men and women of our public safety communities," said CFSI Executive Director Bill Webb." It will elevate the outstanding work of all public safety officials whose brave actions often go unnoticed by the public. I applaud the Congress for passing this legislation and most importantly the two leading advocates, Congressman McCollum and Senator Stevens, for their leadership."

InterFIRE VR Ready for Fall Release
In 1996, the United States Congress approved federal funds for the development of new training programs to increase the baseline level of skills for fire investigators. Since then, a partnership comprised of American Re-Insurance, the National Fire Protection Association, the Bureau of Alcohol, Tobacco and Firearms, and the United States Fire Administration has worked together to develop a unique new training program, utilizing the talents and resources of their respective organizations. This Fall, the group is expected to complete work on the project and have it available for distribution.

InterFIRE VR is a revolutionary new fire investigation training program, available on CD-ROM, that incorporates "best practices" from the fire service, law enforcement and the insurance industry. Divided into three components, InterFIRE VR includes a scenario of an actual fire scene, a tutorial featuring step-by-step process that can be applied to any fire investigation and a resource file for researching information on a wide variety of fire-related topics. According to George Miller, President of National Fire Protection Association, InterFire will place us at "the beginning of a new era in fire investigation, one which promises more safety for America."

The Congressional Fire Services Institute (CFSI) has worked extensively on the promotional campaign for InterFIRE VR. At the National Fire and Emergency Services Dinner, CFSI arranged for the Honorable John Magaw, Director of the Bureau of Alcohol, Tobacco and Firearms, to deliver a presentation on the innovative technology. In addition, CFSI coordinated a special preview for many of the publishers and editors of the fire publications that attended the dinner. Unfortunately, a national press conference scheduled on the day of the dinner to formally announce InterFIRE VR was canceled because of a conflict with the NATO 50th Anniversary Conference that brought Washington, DC to a standstill.

The United States Fire Administration is the primary distributor of InterFIRE VR for the fire service. For information on how to order a copy, visit the USFA web site at www.usfa.fema.gov/napi/vrcdrom.htm In addition, a special web site was established to provide information on InterFIRE VR. That address is www.interfire.org

NATIONAL FIRE ORGANIZATIONS URGE HEARINGS ON FIRE ACT:
Issue Joint Letter to Speaker Hastert

Responding to Congress's reluctance to consider the FIRE Act (HR1168), the seven major fire organizations issued a joint letter to House Speaker J. Dennis Hastert urging his support for a congressional hearing on the legislation. The letter was signed by the International Association of Arson Investigators, International Association of Fire Chiefs, International Association of Fire Fighters, International Society of Fire Service Instructors, National Association of State Fire Marshals, National Fire Protection Association and National Volunteer Fire Council.

In the letter, the group pointed out the disparity between the federal government's support for law enforcement and the fire service citing that former received $11 billion compared to only $32 million in federal funds this fiscal year. "The letter declares rather emphatically the growing disappointment the fire groups are experiencing regarding the status quo of the FIRE Act, said Bill Webb, Executive Director of the Congressional Fire Services Institute. "For over two years, they have worked with Congressman Bill Pascrell (NJ-08) and Congressman Curt Weldon (PA-07) in generating support for the legislation and their patience is wearing thin."

The FIRE Act currently has 175 co-sponsors, enough support to attract the attention of the House leadership. However, the fire service should continue to work at the grassroots level in garnering additional co-sponsors for the measure. The Michigan Association of Fire Fighters wrote a letter to the Speaker of the House, The Honorable J. Dennis Hastert, urging him to call for hearings on this important bill.

FIRE CAUCUS MEMBERS REVIVE CARDIAC ARREST LEGISLATION:
On June 29, Senator Slade Gorton and Representative Cliff Stearns announced legislation they will introduce to increase the survival rate of cardiac arrest victims. The Cardiac Arrest Survival Act of 1999 is aimed at providing greater access to Automatic External Defibrillators (AEDs) in federal buildings and removing civil liability from use of the devices. Cardiac arrests claim the lives of 250,000 individuals, annually. The survival rate for victims in the out-of-hospital setting is approximately five percent. By making AEDs more accessible to the general public, AED proponents estimate that as many as 50,000 lives can be saved.

Last, year, the two Fire Caucus members introduced a similar measure in their respective chambers. Despite no action by Congress, their legislation generated interest at the state level prompting 39 state to act on measures that would advance public access to defibrillation technology. An August 17, the Congressional Fire Services Institute conducted a CPR Training Program for Congressional staff that highlighted the Cardiac Arrest Survival Act, while training participants how to perform life saving procedures. The annual program attracts approximately 200 participants from Capitol Hill.

CONGRESS AND WHITE HOUSE AGREE ON WITHHOLDING OFF-SITE CONSEQUENCE DATA:
New Public Law Places One Year Moratorium on Releasing Information to Public

On August 5, President Clinton signed into law the Chemical Safety Information, Site Security and Fuels Regulatory Relief Act (Public Law: 106-40) delaying for one year the release of sensitive information contained in Risk Management Plans submitted by certain facilities to the Environmental Protection Agency. This culminates a bipartisan effort in both the House and Senate to enact the legislation. Both chambers approved nearly identical measures without opposition.

For their part, covered facilities are required to conduct public meetings to share information about the local implication of their RMP's, including an abridged version of their OCA's. They have until 180 days after the date of enactment of the Act to conduct the required meetings and ten months after enactment to notify the Federal Bureau of Investigation that such meetings took place. Small businesses can satisfy these requirements by publicly posting the OCA summaries.

"This is one of those rare instances where national security outweighs the merits of the Freedom of Information Act," said Bill Webb, CFSI Executive Director. "The consequences of exposing OCA's to the wrong elements of our society would be devastating. I applaud the bipartisan ship demonstrated by Congress and White House in enacting this legislation into law."

The new law also removes flammable fuels used as fuel or held for sale as fuel at a retail facility from coverage by the Risk Management Plan program. However, EPA and the propane industry will work with the National Fire Protection Association's Propane Gas Code Committee to ensure that local responders receive information on the potential off-site effects of accidents involving flammable fuels.

BILL TO PROVIDE TAX CREDIT FOR VOLUNTEER FIREFIGHTERS
Would Create Special IRA Account

The Volunteer Firefighter Relief Act (HR 1870) was recently introduced by Representatives John B. Larson and Curt Weldon as a bill that would create a special tax-deferred savings account for volunteer firefighters where they could invest up to $500 per year, and deduct the contributions from their income tax. Contributions to the account could be made in addition to the maximum contribution limits of any other tax-deferred investment accounts an individual might hold. It is intended to assist with the retention of volunteer firefighters, and provide an incentive for citizens who volunteer their time and risk their lives to protect the community. Recent statistics have shown that the ranks of volunteer firefighters have declined 5 to 10 percent since 1980.

The legislation follows another proposal to assist firefighters that Representative Larson had included in H.R. 1550, the Fire Administration Authorization Act of 1999, passed by the House on May 11, 1999. His amendment, which was offered during the Science Committee's consideration of the bill, requires the United States Fire Administration to make an assessment of how the Internet is currently used, and how it could be used, to deliver fire education training courses to local fire departments through distance learning.

MICHIGAN LEGISLATION
House Bill No. 4158

Introduced February 3, 1999 by Reps. Cherry, Spade, Julian, DeHart and Schermesser and referred to the Committee on Employment Relations, Training and Safety. A bill to amend 1931 PA 328 by adding section 355b.

"An employer shall not discharge or discipline a volunteer firefighter for being late for or absent from work because he or she was responding to an emergency call. An employer who violates this section is guilty of a misdemeanor.

House bill No. 4468
Introduced April 14, 1999, by Reps. DeHart and Schermesser and referred to the Committee on Senior Health, Security and Retirement. A bill to amend 1937 PA 345 addresses disability pensions.

House Bill No. 4608
Introduced April 29, 1999 by Reps. Cherry, Hale, Jacobs, Pestka, Martinez, Schauer, Bovin, Julian, Mortimer, Bogardus, Scott, Godchaux, LaSata, Green Brewer, Schermesser, DeHart, Daniels, Caul, Frank, Neumann, Bob Brown, Toy, Pumford, Minore and Scranton and referred to the Committee on Appropriations. A bill to amend 1996 PA 195, "Police officer's and fire fighter's (FIREFIGHTER'S) survivor tuition act." The amendments are designed to eliminate the student's financial need provision, and to require that education institutions participating in the program be reimbursed each term or semester rather than annually. Finally, the bill would expand the definition of "Michigan firefighter" to mean those paid or volunteering to provide fire suppression and other fire-related services of the state of a city, township, village, county, authority or other governmental unit.

Senate Bill No. 198
Introduced February 2, 999 by Senators Bennett, Steill, Miller, McCotter, Dingell, Dunaskiss, Goschka and Jaye and referred to the Committee on Local, Urban and State Affairs. A bill to prohibit governmental entities from requiring individuals to reside within certain geographic areas of specified distances or travel times from their place of employment as a condition of employment or promotion. SB 198 passed the Senate on a vote of 23-14.

House Bill No. 4329
Introduced February 24, 1999 by Reps. Garcia, Patterson, Howell, Neumann, Raczkowski, Wojno, Geiger, Kukuk, Julian and Toy. A similar bill to SB 198.

House Bill No. 4423
Introduced by Rep. S. Ehardt to amend 6a of 1951 PA 33 (MCL 41.806a) Local government financing; police fire and ambulance service charges; authorize placement on tax roll. Referred to Committee on

Transportation 3/18/1999.
HOUSE APPROPRIATORS GIVE VOLUNTEER FIRE ASSISTANCE PROGRAM MAJOR VOTE OF CONFIDENCE:

Approve to Double Size of Program
On June 29, the House Appropriations Subcommittee on Interior and Related Agencies approved an increase in funding for the Volunteer Fire Assistance Program from its current level of $2 million to $4 million for Fiscal Year 2000. Following the Subcommittee's approval, Chairman Ralph Regula declared it "a victory for our nation's rural fire services, the brave men and women responsible for protecting rural communities against fires and other dangers."

The VFAP is a matching grant program that provides technical, financial and related assistance to rural fire departments for organizing, training and equipping firefighters. The program is aimed at assisting rural communities with populations of 10,000 or less in establishing new fire departments and upgrading fire suppression capabilities of existing departments.

Before the $4 million is released for VFAP, it must first clear additional hurdles. The first is full approval from the House of Representatives. Then members of the House and Senate must agree upon a final amount. So it is imperative for fire service leaders to avoid becoming complacent. Not until the appropriations measure containing the $4 million is approved by both the chambers and signed by the President cant the fire service declare victory.