IAFF Resolution

[mfc2257 464]

Who really benefits from this? I can think of so many scenerios where an IAFF member can make extra money for their family AND help their community but this resolution (the language has been around for years) seems punitive. Who the hell is the IAFF to tell a member who needs to make additional dollars to support their family that they can't work a side job, public safety oriented or not.

To me this sounds like a waste of energy. Unions were originally formed to protect their members while they were doing their jobs and to get fair pay for fair work. Now we live in a world where unions are telling members how to live their lives when their off the job. Big brother at it's worst.

Resolution No. 2

COMMITTEE ASSIGNMENT: Constitution & By-Laws

Re: Secondary Employment

WHEREAS, Article XV, Section 3 of the IAFF Constitution and By-Laws states: "Any member of the Association found working a secondary job as a paid-on-call firefighter or an employee of a public employer, nonprofit corporation, or a private contracting firm providing fire protection or emergency medical services to a city, county, municipality, or a fire protection district as a volunteer, reserve, part-time, part-paid, police officer, police reserve, or public safety officer may be subject to charges being filed against that member"; and

WHEREAS, delegates to the 2006 IAFF Convention adopted Resolution 9, which, as revised and amended, called upon the IAFF to establish a committee comprised of IAFF Executive Board members to review the history associated with Article XV, Section 3 of the IAFF Constitution and By-Laws and its current impact, including enforcement, on our locals and our union as a whole, and directed this Committee to prepare a report complete with recommendations to be presented at the 2008 IAFF Convention; and

WHEREAS, in accordance with this resolution, General President Schaitberger appointed five IAFF Executive Board members to the Secondary Employment Committee; and

WHEREAS, over the last two years, this Committee has undertaken extensive measures to fulfill its mandate, including researching, assembling and reviewing the history of Article XV, Section 3 of the IAFF Constitution and By-Laws, which was inserted in our Constitution at the 1998 IAFF Convention; analyzing previous interpretations of this provision; collecting and reviewing misconduct charges, trial board decisions and appeals enforcing this provision; and assessing the political impact that enforcement of this provision has had on our affiliates; and

WHEREAS, the Committee also issued a survey to IAFF affiliates which asked them to provide information regarding the prevalence of secondary employment among their membership, the type of secondary work being performed, whether misconduct charges had been filed on this basis, the outcome of those charges, and their views on whether the current Constitutional provision should be changed; and

WHEREAS, the Committee also received testimony from affiliate leaders regarding the issues covered in the survey; and

WHEREAS, a number of affiliates informed the Committee that the current language has been interpreted by its members as being less binding or enforceable than other constitutional misconduct provisions because it is not listed in Article XV, Section 1, which sets forth the definition of misconduct, and because it states that a member engaging in secondary employment "may" be subject to charges; and

WHEREAS, a number of affiliates also informed the Committee that their efforts to enforce the current provision have been hampered because it is poorly drafted and does not clearly set forth the type of conduct being prohibited, and because it has been unevenly enforced through misconduct charges, causing members who are engaging in such misconduct to allege they are the victims of selective enforcement; and

WHEREAS, numerous affiliates expressed strong feelings that the language of this provision should be amended to ensure clarity of intent and consistency of enforcement and to clearly prohibit IAFF members from working secondary employment as a firefighter, emergency medical services worker, public safety or law enforcement officer, or as a worker in a related service, where such job is within the work jurisdiction of any IAFF affiliate or materially erodes the conditions of work of any affiliate; and

WHEREAS, as one of its recommendations, the Committee concluded that the current constitutional provision on secondary employment should be revised to remove the word "may" from its current language; to reclassify it as a form of prohibited misconduct listed under Article XV, Section 1; and to clarify its purpose and include recommended penalties for its violation, with the intent of ensuring that it is better understood, more easily enforced, and more uniformly applied; and

WHEREAS, the Committee has reported its findings and the basis for its recommendations in a report which shall be submitted to the 2008 IAFF Convention; and

WHEREAS, upon reviewing the Committee's findings, the IAFF Executive Board believes that the Committee's recommendations should be enacted; therefore be it

RESOLVED, That Article XV, Section 3 of the IAFF Constitution and By-Laws shall be deleted, and that Article XV, Section 1, which sets forth misconduct prohibited by the IAFF Constitution and By-Laws, shall be amended by adding the following new subsection to the list of defined misconduct:

"(N) Working a secondary job part-time, paid on call, volunteer or otherwise as a firefighter, emergency medical services worker, public safety or law enforcement officer, or as a worker in a related service, whether in the public or private sector, where such job is within the work jurisdiction of any affiliate or which materially erodes the conditions of work of any affiliate. Upon a finding of guilt of working a secondary job in violation of this subsection, it is recommended that the penalty include disqualification from holding office in any affiliate and/or expulsion from membership for the period that the misconduct persists. Charges filed for the misconduct described in this subsection shall be preferred by a member of the charged party's local and/or a member of an adversely affected affiliate." and be it further

RESOLVED, That the IAFF shall create and maintain a database to track the experience of secondary employment among our affiliates, including the prevalence and type of such employment, the filing of charges related to such employment, and the outcome of trial boards and appeals deciding those charges; and be it further

RESOLVED, That the IAFF shall create and distribute educational materials to IAFF affiliates regarding the constitutional prohibition on secondary employment, including the basis for this prohibition, and the experience of our affiliates in dealing with this issue.

Submitted by: IAFF Executive Board

Cost Estimate: 1 cent

[Guest]

Are you a member of the IAFF?

Why do they want to know what our secondary employment is?

[FFPCogs 863]

I know the career/volunteer debate is a "touchy" issue so please realize that the following question is in NO way meant to be facetious or malicious...so to anyone who chooses to respond don't take it personally.

How does allowing IAFF members to volunteer in a 100% volunteer jurisdiction hurt or compromise their local affiliate or the IAFF in general?

Cogs

[crcocr1 8]

I think the issue arises where the IAFF member is volunteering in a fire district neighboring the paid district. If this occurs, technically, the volunteer would have to get paid if called to a mutual aid call where they work as a FF in a paid district/area.

[Guest Photounit]

I know the career/volunteer debate is a "touchy" issue so please realize that the following question is in NO way meant to be facetious or malicious...so to anyone who chooses to respond don't take it personally.

How does allowing IAFF members to volunteer in a 100% volunteer jurisdiction hurt or compromise their local affiliate or the IAFF in general?

Cogs

In my opinion, the IAFF feels that by having their members volunteer, they are in effect reducing the possibility of obtaining new members..... Ie - if the volunteer fire service fails, someone will have to do the job and that someone will be a paid IAFF member....... I personally think they should have no right to tell a FF what they do during their time off unless it is a direct conflict of interest or some other legitimate reason...... I truly hope that this get challenged but I doubt it ...................... Bill

[NWFDMedic 58]

In my opinion, the IAFF feels that by having their members volunteer, they are in effect reducing the possibility of obtaining new members..... Ie - if the volunteer fire service fails, someone will have to do the job and that someone will be a paid IAFF member....... I personally think they should have no right to tell a FF what they do during their time off unless it is a direct conflict of interest or some other legitimate reason...... I truly hope that this get challenged but I doubt it ...................... Bill

I actually see their point here and I don't have a problem with it, at least for firefighting. Volunteering in another jurisdiction is effectively helping to keep union firefighters out of that jurisdiction. However, I don't see why it would matter for police officers. Most police officers are union and I don't see the conflict. EMS is a middle ground, because there are many IAFF shops that want to keep or bring the EMS work into their shop.

[LTNRFD 266]

RESOLVED, That Article XV, Section 3 of the IAFF Constitution and By-Laws shall be deleted, and that Article XV, Section 1, which sets forth misconduct prohibited by the IAFF Constitution and By-Laws, shall be amended by adding the following new subsection to the list of defined misconduct:

"(N) Working a secondary job part-time, paid on call, volunteer or otherwise as a firefighter, emergency medical services worker, public safety or law enforcement officer, or as a worker in a related service, whether in the public or private sector, where such job is within the work jurisdiction of any affiliate or which materially erodes the conditions of work of any affiliate. Upon a finding of guilt of working a secondary job in violation of this subsection, it is recommended that the penalty include disqualification from holding office in any affiliate and/or expulsion from membership for the period that the misconduct persists. Charges filed for the misconduct described in this subsection shall be preferred by a member of the charged party's local and/or a member of an adversely affected affiliate." and be it further

RESOLVED, That the IAFF shall create and maintain a database to track the experience of secondary employment among our affiliates, including the prevalence and type of such employment, the filing of charges related to such employment, and the outcome of trial boards and appeals deciding those charges; and be it further

RESOLVED, That the IAFF shall create and distribute educational materials to IAFF affiliates regarding the constitutional prohibition on secondary employment, including the basis for this prohibition, and the experience of our affiliates in dealing with this issue.

Submitted by: IAFF Executive Board

Cost Estimate: 1 cent

I guess all the IAFF members that volunteer for the County's Arson Task Force and C & O Team will have to quit. Along with the IAFF members that teach classes at the Fire Training Center and at local fire departments will have to stop. Can't have an IAFF member teaching volunteers. This could 'erode the conditions of work of any affiliate' Also, all of the IAFF members that work for commercial, private or municipal EMS services as EMT's or Paramedics will have to give up their "B" jobs.

Any IAFF member that is a volunteer anywhere within the metro N.Y. area will have to quit. Any volunteer department at any time can be requested to any part of the state or to another state. Even to another country as NRFD and others were called to help out in Canada after the major ice storm about 10-12 years ago.

In a fantasy world this might be accomplished, in the real world I can't se it happening.

The one thing I do see as missing is the IAFF members that work there "B" jobs where there are other trade unions. If you claim to be union and proud of it, you have to respect ALL unions. Not just the ones that suit the members.

[antiquefirelt 994]

In my opinion, the IAFF feels that by having their members volunteer, they are in effect reducing the possibility of obtaining new members..... Ie - if the volunteer fire service fails, someone will have to do the job and that someone will be a paid IAFF member....... I personally think they should have no right to tell a FF what they do during their time off unless it is a direct conflict of interest or some other legitimate reason...... I truly hope that this get challenged but I doubt it ...................... Bill

I think you're right on the money why the IAFF cares. It's all about money. More unionized firefighters equals more money of the IAFF. Other than those who work in big shops (Boston, FDNY etc.) most of us can't get jack out of the IAFF come contract time. Then the back only democrats even though more than half of their membership are registered Republicans.

Of course one can find the logic in their argument even if the true reason is masked. If it wasn't for our IAFF members running per diem EMS on their days off, we'd be doing a lot more mutual aid for paramedics, which would lead to more personnel who would be in the Union. Even if we got EMS only positions that would take a firefighter off the bus and put them on the on the engine.

[antiquefirelt 994]

RESOLVED, That Article XV, Section 3 of the IAFF Constitution and By-Laws shall be deleted, and that Article XV, Section 1, which sets forth misconduct prohibited by the IAFF Constitution and By-Laws, shall be amended by adding the following new subsection to the list of defined misconduct:

"(N) Working a secondary job part-time, paid on call, volunteer or otherwise as a firefighter, emergency medical services worker, public safety or law enforcement officer, or as a worker in a related service, whether in the public or private sector, where such job is within the work jurisdiction of any affiliate or which materially erodes the conditions of work of any affiliate.

This is the line makes me think this whole thing is about a few specific places (PG, Montgomery Co. etc.) Basically it only applies to members who volunteer or work in a jurisdiction covered by another IAFF shop or one that takes calls away or otherwise might cause staff reductions of an affiliate shop. These are hardly the case of most IAFF members who volunteer in a vollie or POC FD. Now if you live in PG and work for DCFD you will not be allowed to volunteer in any PG station as they are in a combo system that is represented by the IAFF. Clear as mud? Yup, just the way they want it!

Edited August 15, 2008 by antiquefirelt

[LTNRFD 266]

This is the line makes me think this whole thing is about a few specific places (PG, Montgomery Co. etc.) Basically it only applies to members who volunteer or work in a jurisdiction covered by another IAFF shop or one that takes calls away or otherwise might cause staff reductions of an affiliate shop. These are hardly the case of most IAFF members who volunteer in a vollie or POC FD. Now if you live in PG and work for DCFD you will not be allowed to volunteer in any PG station as they are in a combo system that is represented by the IAFF. Clear as mud? Yup, just the way they want it!

And that brings up the phrase 'Selective enforcement'.

[gamewell45 258]

I guess all the IAFF members that volunteer for the County's Arson Task Force and C & O Team will have to quit. Along with the IAFF members that teach classes at the Fire Training Center and at local fire departments will have to stop. Can't have an IAFF member teaching volunteers. This could 'erode the conditions of work of any affiliate' Also, all of the IAFF members that work for commercial, private or municipal EMS services as EMT's or Paramedics will have to give up their "B" jobs.

Any IAFF member that is a volunteer anywhere within the metro N.Y. area will have to quit. Any volunteer department at any time can be requested to any part of the state or to another state. Even to another country as NRFD and others were called to help out in Canada after the major ice storm about 10-12 years ago.

In a fantasy world this might be accomplished, in the real world I can't se it happening.

The one thing I do see as missing is the IAFF members that work there "B" jobs where there are other trade unions. If you claim to be union and proud of it, you have to respect ALL unions. Not just the ones that suit the members.

Amazingly, the IAFF has shown, once again, poor judgement. How many of its members will now apply for CORE membership due to this onerous resolution. I honestly wonder how much thought they gave to the possible negative ramifications it might cause before passing it. For those of you who are non-union, New York is an Agency Fee Payer State, which means they can't compell you to be a member of a labor union as a condition of employment; rather you pay a fee that would be equal to what your union dues would be and this satisfies your obligation.

Many of these so-called union Brothers & Sisters, are the same people who undercut the housing trades unions when they work non-union off the job thus taking money out of the pockets of Trades Union Members. They are the same ones who do their shopping at Wal Mart which has the distinction of being classified as one of the most anti-worker/anti-union outfits in the United States. Not surprisingly, many unionists view both the IAFF and PBA as a bunch of opportunists, who only become "union" when its contract time or impending cuts in service/layoffs.

If the IAFF and their affiliates are smart, they'll repeal this ridiculous resolution from their constitution/bylaws/policies. Trying to dictate to people what to do in their spare time doesn't flow well with people in general.

[FFPCogs 863]

I may be wrong on this but if I remember correctly the ban on career/union FFs volunteering in Maryland in general and PG in particular was declared unconstitutional and lifted. That's why places like Kentland have so many DC FFs as active volunteer members. My understanding is that all the county union FFs ARE prohibited from volunteering within the counties where they work, but can volunteer in any other jurisdiction if they so choose. To me this makes perfect sense, although I'm sure many union FFs would disagree and see it as undercutting union brothers in those areas where they volunteer.

To me if certain condition exist a union FF volunteering in another combination jurisdiction does not negatively impact that local. Let me clarify, if a combination department has X number of union employees and those employees are receiving all that is their due per their contract (salary, overtime, pension, benefits ect), then it should not matter what the profession is of the volunteer members. Actually I believe union FFs should be able to volunteer anywhere they choose, so long as any contractual obligations are met for those union FFs "on duty". I have seen the argument that union members volunteering undermines the bargaining process..but does it really? The needs of any given department in terms of staffing are what they are. To ensure that coverage City officials will have to bargain in good faith with any given local. The fact that there are adequate volunteers (including IAFF members) to cover a jurisdiction above and beyond those needs does not undermine a local's ability to bargain for what is rightfully theirs.

I guess I just don't see how volunteering hurts other union members other than in the growth of their local. (Union members of combination departments will still be paid their salary, receive their overtime, benefits and pension ect, and meet their minimum staffing requirements as determined by their contract and the actual needs of the community).

I've been accused elsewhere of being anti career and anti union...I am not. I have the utmost respect for career/union firefighters because I have that same respect for ALL firefighters. I feel that union firefighters have generally gotten what they have earned and deserve through their collective efforts., I do NOT believe or advocate that they should lose or be deprived of anything called for in their existing contracts or gained through the bargaining process.

So I am not anti union, but I am pro volunteer. If the necessary coverage can be and IS provided by volunteers alone or in conjunction with union FFs in a combination type department, then by virtue of this the community is well served.

Cogs

[ex-commish 490]

I think the issue arises where the IAFF member is volunteering in a fire district neighboring the paid district. If this occurs, technically, the volunteer would have to get paid if called to a mutual aid call where they work as a FF in a paid district/area.

If I read correctly the language of this bill doesn't specify neighboring districts or not. I can't see where a union can tell what it's members can or can't do on thier off duty time especialy when it comes to making a second living.

[antiquefirelt 994]

If I read correctly the language of this bill doesn't specify neighboring districts or not. I can't see where a union can tell what it's members can or can't do on thier off duty time especialy when it comes to making a second living.

While I don't agree with this specific rule, most voluntary membership organizations can impose rules upon their members at will. The IAFF is saying to be a member in good standing you must meet these rules. The issue is it seems that in some places a career member must be an IAFF member? I know our guys can choose not to join if they desire but if they want representation at a later date they have to pay back dues (though not much).

When I spoke of PG and Montgomery Co. MD I was not intending that these were the only places the IAFF was trying to enforce this, yet two hotbeds of this type of activity in recent years. It would seem to cover any County type combo depts or other combo depts where FFers from other locals live and volunteer.

[lad12derff 283]

The one thing I do see as missing is the IAFF members that work there "B" jobs where there are other trade unions. If you claim to be union and proud of it, you have to respect ALL unions. Not just the ones that suit the members.

When those unions respect my union I might oblige. Member of L273 and dang proud of it.

[Guest alsfirefighter]

When those unions respect my union I might oblige.

Ditto here. Ld12derff beat me to the punch. Lets not bring up issues that are a 2 way street.