200 A.3d 1074
R.I.2019Background
- Sean Gannon, a Pawtucket firefighter and member of IAFF Local 1261, was terminated in November 2013; the union filed a grievance and pursued arbitration on his behalf.
- An arbitrator ruled for the City on March 2, 2016; the statutory three-month period to move to vacate expired on June 2, 2016.
- Gannon filed a timely pro se motion to vacate the award on May 13, 2016 in Superior Court, but the union declined to pursue judicial relief.
- The City moved to dismiss Gannon’s motion for lack of standing; Gannon sought to join or substitute the union as plaintiff via Rule 19 and later Rule 15.
- The trial justice denied joinder/substitution (finding no mistake that would permit relation back), granted the City’s 12(b)(6) motion, and ordered Gannon to pay the City’s attorneys’ fees under § 28-9-18(c). Gannon appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to move to vacate arbitration award | Gannon argued he was the true party-in-interest because his termination was at issue and thus could challenge the award individually | City argued only the union (the exclusive bargaining agent and the actual party to arbitration) had standing | Held: Gannon lacked standing absent an allegation that the union breached its duty of fair representation; dismissal affirmed |
| Rule 15 relation-back to substitute union as plaintiff after statute expired | Gannon argued substituting the union should relate back to his timely May 13 filing, rescuing timeliness | City argued substitution occurred after the statutory period and there was no mistake, only a change of heart by the union; prejudice and futility concerns | Held: Denial of amendment was not an abuse of discretion; change of heart is not a "mistake" under Rule 15(c); no relation back |
| Rule 19 joinder request | Gannon initially sought to involuntarily join the union as necessary party | Union objected and the City opposed; union argued it should not be compelled to litigate and feared fee exposure | Held: Joinder was denied (later the union voluntarily agreed to join, but too late to relate back) |
| Entitlement to attorneys’ fees under statutory provision | Gannon argued dismissal on procedural/jurisdictional grounds was not a denial on the merits and he was not a proper "moving party" under the fee statute | City argued statute unambiguously obligates the moving party (Gannon) to pay prevailing party’s fees when a petition to vacate is denied | Held: Gannon must pay the City’s costs and reasonable attorneys’ fees under § 28-9-18(c) because his motion was denied and he was the moving party |
Key Cases Cited
- DiGuilio v. Rhode Island Brotherhood of Correctional Officers, 819 A.2d 1271 (R.I. 2003) (employee lacks standing to challenge arbitration award unless union breached duty of fair representation)
- Nugent v. State Public Defender’s Office, 184 A.3d 703 (R.I. 2018) (applies DiGuilio rule; employee failed to show breach and lacked standing)
- Hines v. Anchor Motor Freight, Inc., 424 U.S. 554 (U.S. 1976) (federal precedent on limits to employee challenges where union represents employee)
- Early v. Eastern Transfer, 699 F.2d 552 (1st Cir. 1983) (union representation/standing principles)
- Harris v. Chemical Leaman Tank Lines, Inc., 437 F.2d 167 (5th Cir. 1971) (union representation/standing principles)
- Foman v. Davis, 371 U.S. 178 (U.S. 1962) (leave to amend pleadings and factors permitting denial)