Stern to hear
SLRB Petition, NKFFA cases consolidated
North Kingstown Firefighters reported to work on Sunday morning only to be told the 3-platoon structure would remain in place. |
Providence
– The Rhode Island Superior Court today filed an Administrative Order
consolidating 7 labor cases involving the North Kingstown Fire Department, all
actions to be heard before Judge Brian J. Stern.
The order signed by Presiding
Justice Alice Gibney, assigns all matters in the ongoing dispute between Town
and Union to Stern who is familiar with the underlying matters.
“We
are due in Kent County Superior Court at 3:30 pm today,” said Raymond Furtado,
President NKFFA IAFF Local 1651. “Judge Stern will be hearing the cases. That
is the information I have.”
The Rhode Island State Labor Board (SLRB) on Monday, filed a petition in Washington County Superior Court against the Town of North Kingstown seeking enforcement of the board’s recent decision in favor of the town’s firefighters union.
“There
are actions taking in place in two counties right now,” said Elizabeth Weins,
attorney for the Union on Monday. “The SLRB filed a petition in Washington
County to enforce their order because of the requirement to file in the
jurisdiction of the action. The Town filed a Motion to Stay the SLRB order in
Providence County.”
The
SLRB restoration order returns the North Kingstown FIrefighters Association
(NKFFA) IAFF Local 1651 to its regular schedule as known at the end of their
2010-2011 contract and prior to the Town’s March 11, 2012 implementation of
unilateral changes to the fire department structure.
The
SLRB further ordered the town on Friday, to pay the firefighters all “wages
that should have been paid” including regular, overtime and holiday pay
that would have been required had the unilateral changes not been made. The
restitution includes a 12% annual interest rate accrual for the period June 14,
2012 through date of payment.
On
Monday, the Town’s legal counsel filed a Motion to Stay the Labor Board’s
order, in addition to an Amended Complaint in a parallel action in Providence
County Superior Court alleging open meetings violations on behalf of the SLRB.
While
the court actions were being filed, the Town Council was convening an emergency
Executive Session at town hall to ”hold an emergency meeting to address an
unexpected occurrence that requires immediate action to protect the
public.”
“I
don’t know how the town council could say that it was an unexpected occurrence
when Liz Dolan has been saying all along that they expected the Labor Board to
rule as they did,” said Raymond Furtado, Union President.
Dolan,
sitting as council president, made a brief statement regarding the dual actions
before adjourning the Council Session with a motion to reconvene at 6:00 pm on
Monday evening. She and council member Carol Hueston, remained at the council
table to answer questions, although Dolan was the only party to speak.
“Is
there a possibility at the end of the day that there will be some tax
consequences for taxpayers,” said Dolan. ” Perhaps, but the savings may wash
out. That’s not what we want. We believe what we’ve done was legal under our
charter. We strongly believe that as a council that if we don’t have the right
to do what we did, then it is not the elected body that can represent the
taxpayers.”
When
asked what the current payout to firefighters would be should the SLRB order
take effect, Dolan was unclear. Referring to the Union’s estimate of $2.5
million before interest calculations, Dolan would not commit.
“Roughly.
That’s what I’ve seen,” she said. “Their figure, I don’t have any confirmation
of that.”
Another
figure that is unclear is the amount of legal fees paid to the Town’s legal
counsel since the implementation scenario was set forth. The Union (NKFFA IAFF
Local 1651), according to Furtado, requested the information several weeks ago.
with the town asking for an extension to produce the final numbers. The
information has not been received as yet.
Rep.
Doreen Costa (R- Dist. 31) disagreed with the Town’s decision.
“We
need to stop it now because unfortunately the taxpayers are on the hook for the
legal fees. Whether you like the decision or you don’t like the decision
isn’t the point,” said Costa. “It is just going to cost taxpayers money.”
“We
need to put a stop to this and it needs to be now,” she said. “The taxpayers –
how much more are you going to put on the taxpayers? How much more expense are
they going to incur. Whether you like the decision or not, it is the decision.
Do what the court and the labor board told you to do.”
It
is unclear as to who will be representing the town as Attorney Kinder is court
excused.