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Temper Temper!

Downfalls associated with Temper Tantrum Legislation.

The ill effects imposed on the majority when political temper tantrums are legislated on behalf of the 1% – at any cost- in a continuing degradation of the American political process.

This just in…

Union-busting at Forefront in Town’s Labor Actions

Prior "Unring the Bell" order spurs Town's Motion for Recusal from Judge Brian P. Stern. (Photo by Tracey C. O'Neill)


Prior “Unring the Bell” order spurs Town’s Motion for Recusal from Judge Brian P. Stern. (Photo by Tracey C. O’Neill)

North Kingstown – As all parties head back to court today to present oral arguments in the Town of North Kingstown’s case against the State Labor Relations Board (SLRB), its firefighters union NKFFA International Association of Firefighters (IAFF) Local 1651  (Union) and now the assigned Judge Brian P. Stern, the unmistakable, obvious and spoken motive in carrying the relentlessness litigation forward is union-busting.

“What was surprising was the Board’s undisguised, partisan pro-union rhetoric,” said Town Manager, Michael Embury in a  September 29 memo.

Responding to the September 27, SLRB Unfair Labor Practices (ULP) decision to immediately return the firefighters to their previous known platoon and shift structure, Embury was dug in against any Union prevalence in the long, volatile battle.

“The Rhode Island Fire Fighters are the strongest union in the State. Change will not come easily,” he said in the statement.

Earlier that day, Embury successfully blocked an attempt by Union members to implement the SLRB order, when firefighters reported for duty under both the 3-platoon and 4-platoon structures. In a memo sent on the 29th one hour prior to the scheduled 7:30 am shift change, Embury wrote:

“If any employee or employees fail to abide by this order and/or participate in the Union’s job action, referenced above, the employee (s) will be subject to discipline up to and including termination of employment.”

The 7-case scenario, condensed in an court administrative action last week, is rooted in the Town’s implementation of unilateral changes to the department structure.   The Town, in March 2012, outside the realm of collective bargaining, moved its firefighters from  4 to 3 platoons, implementing 24 hour shifts and a 56 hour a week structure.

When Stern takes the bench later this morning, he will hear the Town’s Motion for Recusal, an attempt to remove him from the proceedings, alleging bias on the part of the court, as well as oral arguments for and against the SLRB Petition for enforcement of their Unfair Labor Practices order.

Stern in a parallel action in December 2012 ordered the Town to “Unring the Bell” and restore the firefighters to the 4-platoon structure, awarding them all back pay and benefits as would have been paid at the end of the 2010-2011 contract. The SLRB’s decision and order is in agreement with Stern’s decision, now on appeal to the Supreme Court.

The Town’s unilateral changes were later deemed by both the courts and SLRB to be contrary to collective and good faith bargaining practices.

Embury and Liz Dolan, Town Council President disagree averring that the Town Charter bestows managerial rights upon them that take precedence over rights of employees – even those who have collective bargaining as their sole labor negotiation pathway.

“Under the Town Charter we can make necessary managerial decisions and changes,” says Embury in a recent interview. “We feel strongly that the Charter supports our position here. If the Union doesn’t have to abide by the decisions that we make under the Charter, where are we?”

Collective bargaining, however, is the only protection afforded the Town’s firefighters, who also serve as their emergency services personnel. In Rhode Island, public safety personnel are prohibited by law from normal course union labor actions such as work stoppage, striking and sick-outs.

Both Judge Stern, in his December order and the SLRB held that the ordinance enacted by the town implementing the structure changes “on its face affects subjects which are very clearly items which must be bargained for pursuant to the FFAA (Firefighter’s Arbitration Act).”

The SLRB further noted that the Town did not assert their management right argument “until sometime in December 2012, well after the issuance of the interest arbitration award from the preceding year and after the exchange of initial proposals for the 2011-2012 year.” The Board also averred that the Town did not during submission of any of its contract proposals state the management right.

The State Labor Relations Board through their Unfair Labor Practices actions against the Town along with the  Judge Stern’s Supreme Court “Unring the Bell” order concur that the Town did not bargain collectively and in fact operated in “bad faith.”

In it’s September 27 order the SLRB called the Town out on its attempt to change  the parameters of the collective bargaining process.

“We believe the Employer (Town) knew full well that it was engaging in an unlawful practice when it unilaterally changed the terms and conditions of employment and did so in an effort to ‘push the envelope’ within the labor relations community.”

The parties are due before Judge Stern in Kent County Superior Court this morning at 11 a.m.

Town’s Motion for Recusal

DecisionULP6088

Embury’s Disciplinary Letter

Ltr. to Embury 9-28

Ltr to Embury 9-27

Stern Unring the Bell Order 12-12

Firefighter’s Arbitration, Title 28

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Town requests recusal due to Stern’s “Unring the Bell” order

Prior "Unring the Bell" order spurs Town's Motion for Recusal from Judge Brian P. Stern. (Photo by Tracey C. O'Neill)


Prior “Unring the Bell” order spurs Town’s Motion for Recusal from Judge Brian P. Stern. Oral arguments and briefing schedule set. (Photo by Tracey C. O’Neill)

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.

Town’s Motion to Recuse

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Stern Orders Town to “Unring the Bell”

nkffa honor guardNorth Kingstown, RI.  Superior Court Judge Brian J. Stern, in a 28 page decision, ordered the Town of North Kingstown to “unring the bell” on unilateral changes made to platoon structure, wages, shifts  and hours for members of its paid firefighters union, Local 1651.

In a decision rendered on Friday, the Judge ordered the Town to return its firefighters and fire department to the state that existed prior to the March 4, 2012 implementation that saw platoon structure cut, 56 hour shift configurations and wage changes imposed outside the realm of collective bargaining.

“The Town now will be required to ―unring the bell and—as to wages, hours, and other terms and conditions of employment—go back to the state that existed pre-unilateral implementation,” wrote Stern in his decision.

Under the decision, the Town will also be required to compensate employees for wages lost during the time period extending from March through the return to their original schedule.

Hanging a price tag of nearly $1.3 million in damages on the Town’s actions, in addition to legal fees incurred by the taxpayers, NKFFA President Ray Furtado, was pleased with the decision that would end the “unsustainable working conditions” in effect for almost a year’s time.

“The latest Superior Court ruling clearly and emphatically reinforces our contention that the action taken by the Town was and remains illegal, and needs to be reversed immediately,” said Furtado in a statement over the weekend.  “The safety, financial, and legal consequences of this horrible policy decision are staggering, and have continued for nearly a year.”

Noting that the Town’s implementation of unilateral changes and the decision were one of “first impression” the Judge allowed a 30 day stay of decision, affording the Town and North Kingstown Firefighter’s Association (NKFFA) the ability to work together towards a smooth transition, or in the alternative request further judicial remedy.

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One comment on “Temper Temper!

  1. […] agreement, returning the town’s fire personnel to their previous shift structure as ordered by Superior Court Judge Brian J. Stern on December 14, 2012. After deliberating and consideration, the membership ratified a temporary […]

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