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     Ron DeLord

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United Federation of Special
Police and Security Officers, Inc.

Legal Services Plan

Table of Contents

Page 1 - Employment-Related Legal
Services Plan
    
 
Page 3 - Personal Legal Services Plan
    
Personal Finance and Estates
Business and Commercial
Real Estate
Negligence, Personal Injury and Damage Claims
Family-Related Matters
 
Page 5 - Procedures for Obtaining Services
 
Page 6 - Legal and Labor-Relations Service Providers

Ralph M. Purdy - Labor Contract Preparation & Negotiations

Randall G. Lawrence & Associates PC - Personal Services
Peter T. Goodrich, Esq. - Personal Services
Lisa Goodrich - Personal Real Estate
Frank Pellegrini -Workers' Compensation

John A. Sarcone, III, Esq. - General 
John P. Farrauto, Esq. - General 
Aleksandra Magdziak Lopes, Esq.- Workers' Compensation

Employment-Related Legal Services Plan

ELIGIBILITY

     Eligibility for employment-related legal services in the Federation Plan requires compliance in the following areas:

a) 100% participation by members of the member local. 

       Authorization for Representation form - Authorizes the Federation to represent you in  collective  bargaining.  Groups of officers interested in becoming a local bargaining unit of the Federation must submit Authorization for Representation forms for at least 2/3 of the employees in the group in order for the Federation to apply to the NLRB or PERB for certification as the exclusive collective bargaining representative for the employees in the group. 

b) Federation dues must be paid within thirty (30) days of receipt of billing invoice submitted by the Federation.

c) Dues must be received by the Federation at the mailing address shown on the invoice.

d) Locals must continue to pay dues to the Federation, for labor and legal related services, for the length of the labor contract negotiated by the Federation with the bargaining unit.

     Billings shall be done by the Federation on a weekly, bi-weekly or monthly basis. Bills outstanding for more than thirty (30) days shall result in suspension of the Plan services. If the bill remains outstanding for sixty (60) days, the Federation Legal Services Plan may be terminated. The local will remain liable for payment of all outstanding bills, including collection costs, if any.

     The cost of any other litigation or procedure not specifically set forth herein shall be subject to retainer fees agreed to by the member and the attorney, with a copy of the retainer agreement to be provided to the member. Please note that the Federation Legal Services Plan WILL NOT be responsible for payment of attorney fees, filing fees, arbitration fees and/or any other costs or expenses if any individual member or bargaining unit chooses to use the services of any attorney or firm that does not have an agreement with the Plan to handle any matter covered by the Plan.

     The Federation Employment-Related Legal Services Plan will provide to participating bargaining units, free of additional charges, the following services by attorneys, and other professionals, who have retainer agreements with the Plan:

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LABOR NEGOTIATION

1. Preparation of labor contract demands
2. Negotiations
3. Mediation
4. Fact-finding or arbitration
5. Super-mediation
6. Legislative hearing conducted as a result of fact-finding
7. Meritorious grievances under the collective bargaining  agreement
8. Labor contract preparation
9. Disciplinary hearings
10. Improper practice charges
11. Workers' compensation claims
12. Initial disability retirement

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ARBITRATION

The Federation will:

1. Prepare the presentation to be introduced to the arbitration panel,    with the assistance of the local;

2. Provide testimony on "ability to pay";

3. Provide the employee panel member on the arbitration panel;

4. Provide copies of all exhibits required to be presented to the arbitration panel;

 

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DISCIPLINARY CHARGES

     Initial hearings by an attorney (before a hearing officer) are provided with no charge for services of attorney. If an initial hearing is before a neutral arbitrator, the Legal Services Plan will provide the services of an attorney at no cost, and pay the cost of the neutral arbitrator.

     Court appeal of disciplinary hearings shall be provided through an attorney. There is no charge for the services and expenses of the attorneys. The Legal Services Plan will, if permitted by the court to photocopy, provide the required copies of the transcript, record and brief.

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WORKERS' COMPENSATION

     Workers' compensation shall be handled solely, by the firms listed as workers' compensation attorneys, with fee entitlement of the attorney as set by Workers' Compensation Law.

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MERITORIOUS GRIEVANCE

     The Federation Legal Services Plan shall provide the services of an attorney for the pursuit of meritorious grievances before a neutral arbitrator. The fees and expenses of the arbitrator shall be paid by the Plan. The Federation shall pay the cost of any filing fees incurred in the selection of the neutral arbitrator. Federation review panel must approve the request for arbitration.

NOTE: Frivolous Litigation will be presented to the courts and the courts will rule on monetary settlements and damages as it pertains to court fees, attorney fees, damages, etc.


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Personal Legal Services Plan

     The Personal Legal Services Plan is intended to provide members with a full range of legal services at reduced rates.  The plan has been expanded to include certain commercial and business-related services not previously covered.

     Members shall be entitled to free telephone or personal consultation on any legal matter involving, but not necessarily limited to, the areas of law referred to below.

     When required, additional attorney's services shall be offered to members at a reduced rate.  Where otherwise not specified in this schedule, the attorney's fee arrangement for additional services shall be pursuant to a written retainer agreement between the attorney and the member, one copy of which shall be provided to the member.

     Any legal matters not designated with a specific fee, shall be at a discounted per hour rate or whichever amount (flat fee or contingency fee) as may be agreed to between the member and the attorney.  A copy of said agreement shall be furnished to the member and, unless otherwise stated in the agreement, all disbursements shall be paid by the member.

Note: Disbursements shall include, but not be limited to, all filing fees, index numbers, requests for judicial intervention, transcripts of hearings and/or trials, expert fees and photocopying.

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WHAT IS COVERED:

Personal Finance and Estates

1. Simple wills
2. Complex wills and trusts
3. Estate planning
4. Probate and administration
5. Contested wills
6. Personal bankruptcy
7. Attachments and garnishments

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Business and Commercial

1. Purchase and sale of small business
2. Partnership, shareholder and joint-venture agreements
3. Business corporations and unincorporated businesses
4. Preparation and review of commercial leases
5. Commercial financing
6. State and federal licensing and departmental hearings
7. Preparation and review of commercial contracts
8. Commercial litigation
9. Litigation
10. Preparation and review of employment agreements
11. Commercial bankruptcy and reorganization
12. Mechanical and professional liens

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Real Estate

1. Purchase and sale of one- and two-family primary residences
2. Purchase and sale of secondary residences and investment properties
3. Purchase and sale of cooperatives and condominium properties
4. Mortgages and refinance
5. Certioraris and condemnation
6. Land use, developing and zoning
7. Co-op and condominium conversions
8. Preparation and review of residential leases
9. Eviction proceedings

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Negligence, Personal Injury and Damage Claims

1. Automobile and motorcycle liability
2. Homeowners and premise liability
3. Municipal liability
4. Street and highway liability
5. Manufacturer's product liability
6. Medical and dental malpractice
7. Property damage claims
8. Civil assault
9. False arrest and malicious prosecution
10. Libel and slander
11. Civil rights and human rights violations

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Family-Related Matters

1. Adoptions
2. Custody
3. Divorce, separation and annulment
4. Child support
5. Paternity
6. Pre-nuptial agreements
7. Protective orders
8. Family court proceedings

NOTE: Appearances as a witness by a member and/or eligible dependant in civil court, criminal court, grand jury or administrative hearing(s) are excluded from personal and employment-related services provided by the Plan.

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PROCEDURES FOR OBTAINING SERVICE

     Before contacting any member of the legal staff, all members must call the Federation Offices. At this time, if you are unsure of who will be assisting you, or have a problem with the staff member assigned to your local, arrangements will be made to direct you to another person.

1. Negotiations

     Each local is assigned to a labor-relations consultant who will assist the local in preparing the list of demands, make the initial contact with the employer and attend all negotiation sessions.  If an impasse is declared, the Federation office will prepare the 'Declaration of Impasse' and file it with the National Labor Relations Board (NLRB), or the Public Employment Relations Board (PERB), as appropriate.  The labor-relations consultant will assist in the mediation session.  If mediation does not produce an agreement, the Federation will file the request for arbitration.  The local will assist in preparing the case for arbitration and assist, if necessary, in presenting the case.

2. Grievances

     If the Federation is the bargaining representative, they will file the grievance and follow through on each step of the procedure.  If the local is its own bargaining representative, the labor-relations consultant will assist in the informal stages, if requested.  If the grievance must go to arbitration, the Federation will file the required documents with the appropriate agency.  Again, the member and/or local will assist in preparing and, if necessary, presenting the case. The Federation arbitration review panel must approve all requests for arbitration.

3. Disciplinaries

     Disciplinaries will be directly assigned to the participating attorney.

4. Improper Practice

     All improper practice charges will be filed by the Federation.  The member and/or local will assist in preparing for the hearing on the charges filed.

5. Workers' Compensation

     These cases will be directly assigned to the participating attorney.

6. Disability Retirement

     These cases will be directly assigned to the participating attorney.

7. Personal Legal Services

     These cases will be directly handled by the participating attorney.

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LEGAL & LABOR RELATIONS STAFF

 

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RALPH M. PURDY, President
540 North State Road
Briarcliff Manor, New York 10510
 
Tel: (914) 941-4103       FAX: (914) 941-4472
E-mail: rmpurdy@msn.com

Services Provided: Labor Contract Preparation & Negotiations

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RANDALL G. LAWRENCE & ASSOCIATES, P.C.
135 Bedford Road
Katonah, New York 10536
Tel: (914) 232-1100       FAX: (914) 232-2150

Services Provided: Personal Legal Services

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PETER T. GOODRICH, ESQ.
Goodrich and Bendish, Attorneys at Law
501 Old Road
Elmsford, New York 10523
Tel: (914) 683-8484        FAX: (914) 683-6770

Services Provided: Personal Legal Services

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LISA GOODRICH

7 Larch Road

Briarcliff Manor, New York 10510

Tel: (917) 856-3525

Services Provided: Personal Real Estate

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FRANK PELLEGRINI 
336 West 37th Street
New York, New York 10018
Tel: (212) 219-8312        FAX: (212) 925-1702

Services Provided: Worker's Compensation

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JOHN A. SARCONE, III, ESQ. 
222 Bloomingdale Road, Suite 308
White Plains, New York 10605
Tel: (914) 686-8200        FAX: (914) 686-8988
E-mail: jasesq@mindspring.com

Services Provided: General

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JOHN P. Farrauto, ESQ. 
  1250 Central Park Avenue 
  Yonkers, New York 10704
Tel: (914) 423-8880        FAX: (914) 423-8964
E-mail: jfarrauto@aol.com

Services Provided: General

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Aleksandra Magdziak Lopes, ESQ.
Babanikas Ziedman & King, P.C.
1247 Belmont Street 
Brockton, MA 02301
Tel: (508) 588-7000        FAX: (508) 559-2775

E-mail: aml@bzklaw.com 

Services Provided: Workers' Compensation, Personal Injury,Probate Matters & Estate Planning, Social Security Disability and Criminal Law

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LABOR RELATIONS CONSULTANTS

Christopher Roach, formerly with the National Labor Relation Board.

Charles Strebeck, formerly with GARDA Atlantic LTC.

Daniel Nulton, Retired Police Sergeant, Norwich, NY PD

     To Contact, please call the Federation office at 1-800-227-4291

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*Presently on Retainer by Federation

**Fees are Covered by Workers' Compensation