Court Ruling Aids Town's Position On 24-Hour Shifts For Firefighters

The Town Council has won the support of the state Supreme Court in its fight with the North Kingstown firefighters union over 24-hour shifts. The high court called the Superior Court's issuance of a injunction of imposition of 24-hour shifts "improper." 

In January 2012, the Council passed an ordinance requiring firefighters to work 24-hour shifts. They had been working two 10-hour shifts then two 14-hour night shifts, followed by four days. Superior Court Judge Brian Stern ruled in December 2012 the Town of North Kingstown did not have the right to implement the 24-hour work shift for its firefighters without first negotiating or winning in arbitration.

Stern told the town to restore the previous schedule by February, but instead town officials appealed his decision and asked for a delay in his ruling, which they got.

The high court Friday ruled that the town has “made a strong showing that it will prevail on the merits of its appeal.”

The Supreme Court upheld the a stay of the Superior Court order, stating that it believes the town has demonstrated that it will prevail in its appeal, and that the town has adequately demonstrated that it would be unable to recover the money it would need to pay out if the stay was not granted and it won on appeal. Additionally, the court decided that the firefighters were not faced with "substantial harm" if the stay was ordered because they are not in danger of losing their jobs, and they would keep a 10 percent salary raise that went into effect last March.

According to WPRI, firefighters' union president Ray Furtado said there are still multiple appeals from both sides under way and the legal fight was not over, although he acknowledged the upholding of the stay is a setback. He said his biggest concern was the longer shifts could affect public safety.

Complaints have also been filed against the town by the state Labor Relations Board.

Town Council President Liz Dolan released this commentary on the ruling:

"Friday's decision by the R.I. Supreme Court to permanently extend the stay of Judge Stern's order allows NK to continue to implement the three platoon shift within fire department which has been in place since March 2012.This reorganzation saves the taxpayers over a million dollars per year. The Supreme Court willl ultimately decide the case in the merits in its entirety, but Friday's decision explicitly states that the "there is a high likelihood of success (by the town) on appeal.

"We are very confident that the Supreme Court will make a final determination that is of utmost importance to all cities and towns in Rhode Island – when a municipality bargains in good faith to try to negotiate a contract with a public union, but reaches impasse, and prior contracts or arbitration rulings have expired, the terms, conditions and limitations of the expired contract/arb award DO NOT continue – it is lawful to unilaterally implement a reorganization of a town department where that reorganization is in the best interest of the taxpayers and the town's financial stability, AND where a town's own charter specifically reserves the right by the management of the town to reorganize departments as is needed and as efficiency dictates.

"Elected officials and their management staff always have the ethical and legal duty to bargain in good faith with our public employee unions and try to reach a mutually satisfactory contract.  Yet,there is also a fiduciary duty to the residents/taxpayers to make sound financial decisions, to make sure that the town does not lose its financial footing – this ruling, and the anticipated final ruling by the SC on the merits of this case, will re-affirm this "management right" and help clarify the rights, duties, and permissible actions by a munipality ... it will reaffirm the balance of power between the rights of public sector employees, and the management rights of a town whose elected and managerial officials have the utmost fiduciary duty to do what is in the best interest of their residents and taxpayers.

"Our doors have been, and will continue to be open, to the NKFFA to come back to the negotiating table and try to craft a contract that is mutually acceptable to them, and fair to the taxpayers as well."