City of Cranston v. International Brotherhood of Police Officers, Local 301Annotate this Case
The Supreme Court affirmed the judgment of the superior court in favor of Defendants, including a Union and an Employee, and ordering the City of Cranston to arbitrate the Union's grievance filed on behalf of Employee after the trial justice found that Employee, a police officer, remained a member of the bargaining unit, holding that the trial justice did not err.
After ending Employee's injured-on-duty benefits, the City terminated his employment. The Union filed a grievance alleging that the City's actions violated the collective bargaining agreement between the Union and the City. The City denied the grievance, and the Union filed a demand for arbitration under the collective bargaining agreement. When a dispute arose about whether an arbitrator should make the determination of whether the dispute was arbitrable the trial justice decided that he should decide that issue because, if a determination was made that Employee was retired, then the Union's grievance would not be arbitrable. The trial justice ruled that Employee had not retired. The Supreme Court affirmed, holding (1) Employee did not retire, and therefore, the Union had standing to pursue a grievance on his behalf and its grievance was substantively arbitrable; and (2) therefore, the trial justice did not err in granting the Union's motion to compel arbitration.