State of Rhode Island, Department of Corrections v. Rhode Island Brotherhood of Correctional Officers
2013 R.I. LEXIS 63
| R.I. | 2013Background
- DOC and the Rhode Island Brotherhood of Correctional Officers (union) dispute changes to the correctional officers' weapons-qualification component under the parties' CBA.
- CBA Article XXXI requires 40 hours of annual training; Section 31.2 creates a training committee with two DOC and two union members.
- Section 31.3 provides that weapons qualification shall occur on state time and sets a one-year frame from last qualification.
- Rhode Island amended § 11-47-17 in 2007 to require biennial weapons qualification for correctional officers, contradicting prior annual qualification practice.
- DOC proposed live biennial qualification and used Prism (simulation) in off years; union opposed Prism; training committee deadlock led to arbitration.
- Arbitrator ruled changes to training require majority committee approval and that annual on-range qualification could continue despite the statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Arbitrability of the dispute | DOC: dispute not arbitrable (statutory duty non-arbitrable). | Union: dispute arbitrable under contract; statutes do not bar arbitration. | Dispute is arbitrable; contract governs. |
| Whether the arbitrator correctly interpreted § 11-47-17 and contract | DOC: statute precludes annual qualification; contract would be overridden. | Union: statute allows annual qualification or at least does not preclude it; contract requires it. | Arbitrator's interpretation is passably plausible and not manifestly disregardful; award stands. |
Key Cases Cited
- Hart Eng'g Co. v. Pawtucket Water Supply Bd., 560 A.2d 329 (R.I. 1989) (arb. award draws its essence from contract; review limited)
- Cumberland Teachers Association v. Cumberland School Committee, 45 A.3d 1188 (R.I. 2012) (manifest disregard and deference to arbitral results; limited review)
- North Providence School Committee v. North Providence Federation of Teachers, Local 920, 945 A.2d 339 (R.I. 2008) (budgetary/terms-and-conditions of employment arbitrable)
- City of East Providence v. International Association of Firefighters Local 850, 982 A.2d 1281 (R.I. 2009) (arbitration review: 'passably plausible' contract interpretation)
- Such v. State, 950 A.2d 1150 (R.I. 2008) (no legislative history for intent; boundaries of arbitral review)
- State (Department of Administration) v. Rhode Island Council 94, AFSCME, AFL-CIO, Local 2409, 925 A.2d 939 (R.I. 2007) (valid employment requirement cannot be negotiated if directly conflicts with law)
- North Providence School Committee v. North Providence Federation of Teachers, Local 920, American Federation of Teachers, 945 A.2d 339 (R.I. 2008) (arbitrability of budget-related disputes)