Town requests
recusal due to Stern's "Unring the Bell" order
By Tracey C. O'Neill
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Prior "Unring the Bell" order spurs
Town's Motion for
Recusal from Judge Brian P. Stern. (Photo by Tracey C.
O'Neill)
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North Kingstown, RI - The Town of North Kingstown, responding to
an administrative order signed October 1 by Presiding Justice Alice
B. Gibney, filed a motion for recusal of
Judge Brian P. Stern whose prior "Unring
the Bell" order found favorably for its firefighters
union, NKFFA (IAFF) Local 1651. The ongoing dispute between Town and
firefighters resulted from the Town's unilateral implementation of departmental
changes in March 2012, outside the boundaries of collective bargaining.
Assignment of cases to a single justice
The administrative order said in part, "The above causes of
action are assigned to the Honorable Brian P. Stern for the purpose of not only
presiding over the trials of said cases, but of managing, supervising,
scheduling and disposing of any and all pending motions and future motions
pertaining to such cases, as well as any other ancillary matters pertaining to
the same."
Upon the administrative order's effect, Stern brought all
parties together, assigning briefing schedules and oral arguments on a petition
filed by the State Labor Relations Board (SLRB) last Monday to enforce the
board's recent order -immediately restoring the fire department to its
previously 4 platoon structure, wage and shift schedules.
Town alleges bias
The Town's Motion to
Recuse alleges bias on the part of Stern who ruled in
favor of the Union in a parallel action.
"...it is clear that Judge Brian P. Stern has pre-judged
most of the issues in the ULP-6088 cases. The Labor Board's decision and order
is relying on Judge Stern's prior decision - which the Rhode Island Supreme
Court has stayed- in support of its decision in these matters."
The parties are due in Stern's courtroom at 11:00 am on Monday
morning in Kent County Superior Court.