City of East Providence v. International Ass'n of Firefighters Local 850

982 A.2d 1281, 2009 R.I. LEXIS 130, 2009 WL 4016505
CourtSupreme Court of Rhode Island
DecidedNovember 20, 2009
Docket2007-277-Appeal
StatusPublished
Cited by20 cases

This text of 982 A.2d 1281 (City of East Providence v. International Ass'n of Firefighters Local 850) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of East Providence v. International Ass'n of Firefighters Local 850, 982 A.2d 1281, 2009 R.I. LEXIS 130, 2009 WL 4016505 (R.I. 2009).

Opinion

*1283 OPINION

Chief Justice WILLIAMS (ret.),

for the Court.

After successfully undergoing treatment for prostate cancer, East Providence Fire Department Battalion Chief, James Moniz (Chief Moniz), requested that his sick leave be restored and that he be given the full benefits pursuant to G.L. 1956 chapter 19.1 of title 45, entitled “Cancer Benefits for Fire Fighters.” After his request was denied by the City of East Providence (the city), the International Association of Firefighters, Local 850 (Local 850), filed a grievance on his behalf alleging that the denial of the request to restore Chief Mon-iz’s sick time violated the parties’ collective-bargaining agreement. The parties submitted to arbitration, and the arbitrator issued a decision granting the restoration of Chief Moniz’s forty-four days of sick time. The Superior Court confirmed the award, and the city timely appealed. In this case we are called upon to determine whether the arbitrator exceeded his authority in determining that East Providence firefighters are entitled to injured on-duty benefits through the application of the “Cancer Benefits for Fire Fighters” statute. For the reasons set forth in this opinion, we conclude that the “Cancer Benefits for Fire Fighters” statute does indeed provide injured on-duty benefits to East Providence firefighters.

I

Facts and Travel

The facts in this case are largely undisputed. Chief Moniz, a thirty-year veteran of the East Providence Fire Department, was diagnosed with prostate cancer in August 2002. As a result of his diagnosis, Chief Moniz underwent surgery and treatment while on sick leave from August 22, 2002, until November 18, 2002, after which he returned to active duty. Upon returning to active duty, Chief Moniz wrote to the chief of the East Providence Fire Department requesting that the forty-four duty days of which he was absent receiving cancer treatment be converted to “injured on duty” time. By requesting that his sick leave be converted to injured on-duty time, Chief Moniz sought to have the forty-four days of sick leave credited back to his sick leave reserve. 1 Under Article X, Section 10.02 of the collective-bargaining agreement between the City of East Providence and Local 850, “In-line-of-duty illness” time shall be in conformity with G.L. 1956 § 45-19-1 (IOD statute). The relevant provisions of the parties’ collective-bargaining agreement are as follows:

“10.03 IN-LINE-OF-DUTY INJURY

“(A) Members of the fire department, covered by this contract who are injured in the line of duty including non-civic details to which they are assigned, shall receive full salary while their incapacity exists or until they are placed on a disability retirement (This section is in conformance with General Laws of Rhode Island, 1956, as amended, Section 45-19-1).”

In his request letter to the chief of the department, Chief Moniz referenced two other firefighters who had also been diagnosed with cancer and “had their sick leave time converted to injured on-duty time prior to their retirement from active duty.” Those two firefighters, however, did not return to active duty following *1284 their cancer diagnoses, and both retired from the East Providence Fire Department while on sick leave. The department chief denied Chief Moniz’s request, and the union filed a grievance pursuant to the collective-bargaining agreement. The human resources director denied Chief Mon-iz’s grievance, in part because he was able to return to active duty, whereas other firefighters’ cancer diagnoses resulted in their disability retirements. 2 In his letter denying Chief Moniz’s request, the human resources director acknowledged that:

“It is the City’s policy to evaluate each request that cancer be presumed to be work related on a case-by-case basis. In the past, the City has ruled in two cases, based on the type of cancer and the fact that the cancer led directly to disability retirements, that the sick leave taken immediately prior to the disability pension should be converted to injury on duty leave. In your case, based on the type of cancer and the fact that you have recovered sufficiently to return to active duty, it is the City’s position that your sick leave not be converted to injured on duty status.”

After the city denied Chief Moniz’s grievance, Local 850 submitted the grievance to arbitration on Chief Moniz’s behalf pursuant to Article XVI of the parties’ collective-bargaining agreement. At the arbitration hearing, the city argued that its firefighters were not entitled to benefits under the “Cancer Benefits for Fire Fighters” statute because it applied only to municipalities participating in the optional retirement plan under G.L. 1956 chapter 21 of title 45. Local 850 argued that the “Cancer Benefits for Fire Fighters” statute was incorporated into the parties’ collective-bargaining agreement through the adoption of § 45-19-1. 3 Local 850 argues, in the alternative, that the city’s previous grant of the cancer benefit to two of its firefighters constituted a past practice, entitling Chief Moniz to benefits under the “Cancer Benefits for Fire Fighters” statute.

On December 9, 2004, the arbitrator issued a decision in favor of Local 850, and awarded Chief Moniz forty-four days of sick leave back to his reserve. In his decision, the arbitrator concluded that the parties had incorporated the IOD statute into the collective-bargaining agreement. He further found that, by enacting the “Cancer Benefits for Fire Fighters” statute, the General Assembly amended the IOD statute to include cancer as an occupational injury for Rhode Island firefighters. In the alternative, the arbitrator found that any ambiguity regarding the applicability of the “Cancer Benefits for Fire Fighters” statute to the collective-bargaining agreement should be resolved by looking at the parties’ prior application of the contract language. In doing so, the arbitrator found that the city had provided benefits through the “Cancer Benefits for Fire Fighters” statute to two other fire *1285 fighters. The arbitrator used these two prior applications to determine that the parties had intended to incorporate the “Cancer Benefits for Fire Fighters” statute into the agreement.

After the arbitrator filed his award, the city filed a motion to vacate the award in Superior Court. The hearing justice determined that the arbitrator had “appropriately assessed the collective-bargaining agreement and state statutes and made appropriate findings of fact and conclusions of law.” Accordingly, on May 12, 2006, the hearing justice denied the City’s motion to vacate, from which it timely appealed.

II

Analysis

On appeal, the city argues that the arbitrator exceeded his authority by finding that the “Cancer Benefits for Fire Fighters” statute applied to its firefighters because (1) the city had established its own retirement system pursuant to P.L. 1925, eh.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Berkshire Wilton Partners, LLC v. Bilray Demolition Co., Inc.
91 A.3d 830 (Supreme Court of Rhode Island, 2014)
Cumberland Teachers Ass'n v. Cumberland School Committee
45 A.3d 1188 (Supreme Court of Rhode Island, 2012)
Town of North Prov. v. North Prov. Fire
Superior Court of Rhode Island, 2011
Rivera v. Employees' Retirement System
Superior Court of Rhode Island, 2011
State v. R.I. Laborers' Dist. Council
Superior Court of Rhode Island, 2011
Mielke v. South County Post Beam
Superior Court of Rhode Island, 2010
Ri Airport Corp. v. Ri Council 94
Superior Court of Rhode Island, 2010
Dep. of Corr. v. Brotherhood of Corr.
Superior Court of Rhode Island, 2010
School Committee v. Rhode Island Laborers'
Superior Court of Rhode Island, 2010
Cumb. Teachers' Asso. v. Cumb. School
Superior Court of Rhode Island, 2010
State v. Ri Probation Parole
Superior Court of Rhode Island, 2010
Warwick Sch. v. Warwick Independent Sch.
Superior Court of Rhode Island, 2010
Town of Johnston v. Inter. Brotherhood
Superior Court of Rhode Island, 2010

Cite This Page — Counsel Stack

Bluebook (online)
982 A.2d 1281, 2009 R.I. LEXIS 130, 2009 WL 4016505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-east-providence-v-international-assn-of-firefighters-local-850-ri-2009.