Supreme Court Just Says No,
Consolidates Firefighters’ Appeals
Providence
– The State Supreme Court just said “no” on Thursday to the North Kingstown
Firefighters’ request to the High Court to vacate, modify or clarify the
terms of its May 10, 2013 order. Denying the Union’s motion and consolidating
the appellate cases, the Supreme Court held the town’s firefighters at status
quo.
The
Union, in an emergency motion on October 11, requested action by the Supreme
Court to allow proceedings to move forward in the lower court and to allow for
employment of the State Labor Relations Board (SLRB) decision returning the
Town’s firefighters to their previous schedule and platoon structure.
The SLRB order resulted from the Town of North Kingstown’s March 2012 unilateral implementation of structure, shift and wage changes outside of the parameters of collective bargaining and in violation of Rhode Island laws establishing firefighter’s labor action rights and procedures. The state labor board found the Town acted in “bad faith” when it implemented the changes and failed to employ “good faith bargaining practices” throughout a lengthy and unsuccessful bargaining process.
The
latest Supreme Court order, addressed its May decision, staying (effecting a
delay in proceedings of) a December 2012 lower court order in favor of
reinstatement of the prior departmental structure and award of back pay and
damages.
“The emergency motion of the
International Association of Firefighters Local 1651, to vacate, modify or
clarify the stay issued by this Court in its Order of May 10, 2013, as prayed,
is denied. These appeals are hereby consolidated with the Town of North
Kingstown v. North Kingstown Firefighters, Local 1651, et al., No. 13-96-A, for
further proceedings before this court.”
The Union request was predicated on the fact that the Supreme Court had not specifically addressed any subsequent action of the SLRB as to its pending Unfair Labor Practices complaints against the Town.
Union
firefighters, having received two favorable decisions, first from Superior
Court Judge Brian J. Stern in his “Unring the Bell” order and then the most
recent State Labor Relations Board, hoped the high court would provide an actuated
end to the lengthy court and administrative process.
“It
was our effort toward expediting the process of implementing the State Labor
Relations Board order,” said Union President, Raymond Furtado regarding the
Union motion. “Their (SLRB) determinations were based on findings of fact.
Findings of fact are conclusive. The board determined that the Town acted in
bad faith.”
