North Kingstown defies Labor Board order
The chief gave all members a copy of a
memo from Town Manager, Michael Embury dated Sunday morning at
6:22 am and addressed to Raymond Furtado, President NKFFA stating that there
would be no return to the previous platoon structure due to a Supreme Court
order in a parallel action appealing the union favorable Superior Court
decision of Judge Brian J. Stern.
North Kingstown - North
Kingstown Firefighters were doled another serving of Town
hubris as they waited for shift assignments early this morning . Delivered by
Chief Fenwick R. Gardiner at headquarters, the message was received with glum
looks and intense frustration.
"The bottom line is the "A" platoon is on duty
this morning," said the Chief.
Members of multiple platoons were on site to commence the day's
work with hope for return to their regular shift, wage and platoon structures
as ordered by the Rhode Island State Labor Relations Board (RISLRB) on Friday.
"If you are here for coffee and donuts, that's
fantastic," said Gardiner. "Otherwise, "A" platoon is on
the accountability sheet today. There is no other shift. No other personnel was
requested by this office. You are not being ordered to work. You are free to
stay here, but you will not be on the accountability sheet and you will not be
paid for today."
The result of a polarized conflict between the Town of North
Kingstown and its firefighters' union, the meeting came after the State Labor
Relations Board, on Friday ordered the Town's fire department back to its
management structure held prior to March 11, 2012 when the municipality,
through its town council enacted an ordinance implementing unilateral
departmental changes.
"Please let this correspondence serve as a direct order,
pursuant to that Order of the Supreme Court that the current schedule and
conditions will continue until the courts have instructed the Town to the
contrary," Embury said.
The bottom
line on the memo was the veritable nail in the coffin in a
battle between the parties grown volatile since the Town's unilateral actions
in March of last year. The verbiage was clear as was Embury's message to
Union members in an "our way or the highway" declaration.
"If any employee or employees fail to abide by this order
and/or participate in the Union's threatened job action referenced above, the
employee(s) will be subject to discipline, up to and including termination of
employment."
The chief did not read from the memo, nor did he paraphrase its
message, sticking to the order of the day and ensuring his members knew what
work was to be done. In addressing the State Labor Relations Board decision Gardiner
presented the position of the Town and did not offer any personal perspective
to his department members.
"The structure of the fire department has not changed as a
result of the Labor Board Decision and I have not been given by my chain of
command any directive to change anything," he said. "So it's the
status quo of the 3-platoon system, 10 hour day - 14 hour night."
The chain of command placed Gardiner directly under Embury who
also serves as Director of Public Safety for the town.
Members gathered were silent as the Chief left to deliver the
message to each individual station.
Embury's memorandum, with a direct reference to retaliatory
action is indicative of aversions made by the State Labor Board in verifying
Friday's Unfair Labor Practices complaint and findings of bad faith on the part
of the Town.
In phone interview Sunday morning, Embury was critical of
Furtado, the SLRB and unions in general.
"Look," he said. "The Union President threatened
to implement a change when there is a Supreme Court order in effect. He told
the chief what to do. That's not how it works."
Referencing a memo sent by
Furtado asking the Chief to have the Deputy Chiefs make sure all positions were
covered, Embury considered Furtado's compliance with the SLRB order a threat by
the union.
Embury provided two lines of reasoning for the Town's refusal to
comply with the order. The first reason being the parallel Supreme Court Order
and the second being management rights given by the Town Charter.
"The fact of the matter is you have the labor board
intervening when there is an order that says nothing is to be done," he
said. "They are called the Labor Board for a reason."
"The Town Charter is clear on the town's right to
reorganize any department. If we can't reorganize, the unions will take over
everything."
As for the firefighters who were ready to resume their regular
schedule this morning, Embury had little to say.
"I give them credit that everybody showed up for
work," he said. "They did what they were supposed to do."
Furtado expressed the grim mood of the membership, already
making its appearance on social media feeds.
"We're incredibly disappointed that the town has decided to
willfully and knowingly ignore the law. Our members were present and
accountable to maintain either shift scenario," Furtado said. "I
received an email 45 minutes prior to the shift from the town manager, stating
that any members electing to work a shift other than the illegally implemented
24-hour action imposed would be disciplined or terminated."
Furtado, who met first with the Chief and Deputy Chiefs, was
supportive of his members and their efforts and professionalism under extremely
trying circumstances.
"The unpredictable and bizarre nature of the town's actions
to this point required that we have as many resources in place as necessary to
maintain our job function. Above all, protecting and defending our residents
has always been their top priority."
The next chapter in the battle is scheduled for 9:00 am tomorrow
morning with the Town Council convening an emergency session. Both Embury and
Town Council President, Liz Dolan have indicated that a Motion to Stay the SLRB
order will be filed.
Read the original referenced documents here:
