DIA REPORTDETECTIVE INVESTIGATORS’ ASSOCIATION of the District Attorneys’ Offices, City of New York Vol. 1 Issue 2 Summer 2010 DIA LAUNCHES NEW WEBSITE As a means of keeping in better touch with the membership in a more timely fashion, the DIA has launched a new and improved web- site. President John Fleming said he is hopeful that the easy-to- maneuver site becomes a regular tool for members to stay on top of what’s happening both within the Union and throughout the District Attorneys offices. “We spent a lot of time on the design making sure ours is an easy site on which to find information,” Fleming said. “Since our newsletters come out only a few times each year, we are counting on the website to keep members as up to date as possible.” Visit www.nycdia.com to see the new website PRESidENTS MESSagE JOHN FLEMING DETECTIVE INVESTIGATORS’ A ASSOCIATION new unions DISTRICT ATTORNEYS’ battleground OFFICES – CITY OF against understand NEW YORK, INC. unionized the importance of working together. It is government that fails PO Box 130405 public sector New York, NY 10013 employees to understand the concept of sacrifice. 646.533.1341 is erupting On June 16, more than a dozen DIA 800.88.DEA.88 throughout the members joined with 20,000 other State of New www.nycdia.com union members at a Save Our City York. Public rally outside City Hall Park to send a JOHN M. FLEMING sector workers are being blamed for message to Mayor Michael Bloomberg President higher taxes, municipal insolvency, and the City Council that we are all and the proliferation of unending ANTHONY P. FRANZOLIN willing to do our part, but no more. Vice President government regulation. Amidst shouts of “We Are New York,” some of New York City’s biggest labor JACK FRECK Labor finds itself at war. There is Secretary-Treasurer intimidation from all sides and the leaders addressed the overflow crowd direct result is we are portrayed that spilled out onto Broadway. The Board of Trustees message being sent was “enough is as the “evil” that brings down our Doris Amador society. Gone are the days when union enough”. We’ve done what we needed Citywide Supervising Trustee representation in the public sector to in order to Save Our City; now it’s time for others to step up to the plate. Ron Hickman opened up great opportunity and a Queens County respect for what this country believes New York City has a budget surplus of in — a good day’s work and a dream $3.5 billion — more than enough to Juan Crosas-Medina Bronx County to achieve. We must remember that keep this City running without layoffs our unions have done a very good job and cutbacks. Frank Connelly protecting us from the intimidation, New York County We are a small union compared to 2 threats, and coercion that are others, but we will be fighting with Anabell Talavera commonplace in the private sector. Kings County AGE unions of all sizes in the months to P Today, it is easier to point a finger at come. As a unified front, labor’s voice Juan Parra the union man who has a pension, good will be heard. New York City is a labor Special Narcotics Prosecutor city and the Mayor and City Council health care coverage, and a stable job Gary Mercer environment and say, “Look, he’s the need to remember that. Richmond County problem!” At the same time, we are The Detective Investigators’ supposed to ignore the greed on Wall Delegate Association will continue to fight to Street that brought down our economy Nicholas P. Vessio preserve the benefits we fought hard to and the dysfunction that engulfs our Retired Members achieve. The sacrifices of the men and political system. women who keep our communities safe Michael Nied Retired Members, Alternate As a union leader, it pains me to cannot be ignored. The DIA, like every other union, faces great challenges but read story after story depicting union THE DIA REporT is published by the members as greedy and selfish. No one also great opportunity. Detective Investigators’ Association of the mentions that to achieve the benefits District Attorneys’ Offices, City of New We’re facing many uphill battles in the we now have, we had to make plenty York. Please send press releases, news, or months to come. Please check out our photographs to the DIA, PO Box 130405 of sacrifices. Unions have always new web site for all the latest updates New York, NY 10013. ©2010 Detective looked to join into a partnership with Investigators’ Association. All rights DETECTIVE INVESTIGATORS’ ASSOCIATION DETECTIVE INVESTIGATORS’ on our contract battle. You will always government to solve financial crises. reserved. find the most up-to-date information DIA History has shown time and again that NEWSLETTER DESIGN/PRODUCTION on our new site. RWD Group (845) 364-0222 l [email protected] DIA AT IMPASSE OVER COLLECTIVE BARGAINING AGREEMENT After six months of attempting to bargain with City negotiators for a successor agreement to our recently expired contract, the DIA again finds itself in the familiar position of needing outside assistance to settle our contract. At our final meeting on March 19, the City presented a proposal that provides us with no raises for two years unless the raises are totally funded by givebacks. On April 5, the union petitioned PERB for a Declaration of Impasse. On April 16, mediator Phil Maier was assigned by PERB to assist in bringing closure to our negotiations and a meeting was scheduled for May 20. The DIA was notified on May 19 that the meeting was canceled because the City was never properly notified. Since that time the City refused to return the mediator’s calls for a follow-up date. In light of this and the fact that the law states that “if the mediator is unable to effect a settlement of the controversy within fifteen days after his appointment, either side may petition the board to refer the matter to a state arbitrator,” I directed our lawyers to file for arbitration immediately. On June 10, there was an emergency meeting of the Executive Board 9 for the purpose of meeting with our lawyers to discuss the lack of progress in our impasse proceeding. WTC “This humiliating proposal was presented with all the arrogance City negotiators are known for,” said DIA President John Fleming. Disability Law “No other City union was asked to fund any part of their contract. Filing Deadline Fast It is clear the City had no intention of bargaining with us and as Approaching a result, I have asked our lawyers to file for impasse.” The World Trade Center Disability Law DIA Fleming said this dejavu scenario is quite frustrating. creates a presumptive eligibility for ASSOCIATION DETECTIVE INVESTIGATORS’ However, it’s important for everyone to know that from this accident disability retirement for certain point going forward the City is no longer in control. As a qualifying conditions if such disability result of Governor Spitzer signing the DIA’s PERB bill in occurred as a result of participation in the 2008, the union is now under the control of the State World Trade Center Rescue, Recovery, or Public Employees Relations Board (PERB). This is a Clean-up operations from September 11, 2001 major difference from our last contract when the City – September 12, 2002. To preserve your right Office of Collective Bargaining (OCB) took control of to the WTC presumption, members MUST FILE Impasse Resolution. a “Notice of Participation.” The Notice is not an “I have always felt that PERB provides a more application for disability Retirement benefits; rather appropriate forum for us to argue our case. All it is a necessary prerequisite for eligibility under D.A. Investigators fall under PERB and there is the law. Chapter 489 of the Laws of 2008 extended a long-standing recognition by the State that the deadline to file a “Notice of Participation” to our job shares a community of interest with September 11, 2010. File now if you haven’t already the local police,” Fleming said. done so in order to preserve your right to benefits later on should you need them. This important filing affects The next step will be the assigning of a ALL investigators who were on duty September 11-12, State arbitrator whose decision will be P 2001. The DIA urges all members to check that they have AGE binding on both parties. The DIA is completed this form. always willing to negotiate for a fair 3 contract, but will not accept anything continued on back page TIME IS RUNNING OUT! About OUR MEMBERS THANKS FOR YOUR SERVICE JOE Det. Joseph Iodice, a 19-year veteran of the Bronx District VISIT FROM SWEDEN Attorney’s Office was recog- DIA President John M. Fleming (right) was asked by the nized for his service to our President of the NYS FOP to speak to Karin Wickberg, country at a party in his hon- President of the Swedish Federation of Police Association, or earlier this year at Empire in April. Mike Nied, Retired DIA Secretary/Treasurer, who Post 375 Veterans of Foreign is now FOP Statewide Trustee, also attended. The two Wars in Yonkers, NY. showed Wickberg the Police Museum and South Street Seaport. Petty Officer 1st Class Iodice served a combat tour of duty in the North East areas of Af- 4 4 ghanistan as a member of the AGE AGE U.S. Navy. P P “The DIA is proud to salute the sacrifice and courage of Detective Iodice and all our members who have fought overseas to protect our country,” said Presi- dent John Fleming.