Labor Relations Board Sides With NK Firefighters

This story was revised Aug. 5, 7:45 a.m. 

North Kingstown Patch has learned the state Labor Relations Board ruled July 31 that the town did not bargain in good faith with the firefighters when it set new 24-hour shifts in March 2012.

The decision won’t be formalized until it is written up by the board’s lawyer and ratified by the board, typically at the next meeting.

Town Council President Liz Dolan is a member of the LRB, but did not attend the July 31 meeting. Dolan, who has served on the board for 13 years, said she routinely recuses herself when an issue comes before the board involving the town.

She said someone leaked the board’s vote since it does not become public until the written decision is signed. “I’m just curious that results of the vote were leaked out by someone,” she said Friday. 

According to the agenda, however, only one item regarding the NKFF and the Town of NK took place in closed session – an unfair labor practices complaint. The other two items concerning the two parties took place in open session. 

“From the town’s perspective, we were totally expecting this [decision] given the makeup of the board. We will appeal it and we will ask the District Court judge for a stay,” Dolan continued.

“We bargained in good faith for months,” she said. Then, the council imposed the 24-hour shift. Dolan said they had the power to do so under the town charter. While it is rare that the board is overturned, Dolan said, it is not unheard of. She cited a case in 2005 involving the unionization of daycare workers.

The council has repeatedly said the move to 24-hour shifts was necessary to cut spending.

Ray Furtado, president of the NK firefighters union, said the two parties had an agreement in December 2011 had that would have saved a lot of money, but the council instead moved to impose the 24-hour, or three-platoon, system.

“We had signed a tentative agreement with them to end all of this,” said Furtado Sunday. The Town Council decided to go with 24-hour shifts, which passed in a 3-2 vote.

For Furtado, this decision by the Labor Relations Board is just the latest decision in support of the firefighters.

"Every avenue, every environment that we have pursued, has ruled in our favor," said Furtado, citing a ruling in Superior Court (which has been stayed), an arbitration in 2010 and now this.

"Clearly, they’re rolling the dice with the legal system," he said. "Our last estimate in the end of July was $2.1 million in back pay owed."

Furtado said the department is losing valuable employees and having difficulty recruiting because of the ongoing fight. He cited the departure just last month of Capt. Greg Morash, just named Firefighter of the Year by the NK Rotary Club. Morash has moved to the Newport Fire Department, where he must start at the bottom, Furtado said. 

Dolan said the council will continue to look for savings in the fire department, noting it is the second-largest line item on the budget, behind schools. She said privatizing EMS service and bringing back some number of volunteer firefighters are also possibilities.