MacQuattie v. Malafronte

• Decision Date: 14 June 2001
• Docket Number: No. 99-278-Appeal.,99-278-Appeal.
• Citation: 779 A.2d 633
• Parties: Alan MacQUATTIE et al. v. Ralph A. MALAFRONTE et al.
• Court: Rhode Island Supreme Court

779 A.2d 633

Alan MacQUATTIE et al. v. Ralph A. MALAFRONTE et al.

No. 99-278-Appeal.

Supreme Court of Rhode Island.

June 14, 2001.

Present WILLIAMS, C.J., LEDERBERG, BOURCIER, FLANDERS, and GOLDBERG, JJ.

Mark B. Morse, Providence, for Plaintiff.

Richard M. Peirce, Rosemary Healey, Providence, for Defendant.

OPINION

PER CURIAM.

The plaintiffs, Alan MacQuattie and Robert Sousa, have appealed the entry of summary judgment in favor of the defendants, who included the superintendent of schools in the town of Barrington, Rhode Island, and members of the Town of Barrington School Committee (collectively, school defendants), and officers of the United Steelworkers of America (union). This case came before the Supreme Court for oral argument on May 8, 2001, pursuant to an order directing the parties to show cause why the issues raised in this appeal should not be summarily decided. After hearing the arguments of counsel and examining the memoranda filed by the parties, we are of the opinion that cause has not been shown and that the issues raised by this appeal should be decided at this time.

The plaintiffs were members of the union, working as janitors from 3 to 11 p.m. at Barrington Middle School. Beginning in September or October 1994, officials from the Barrington School Department required plaintiffs and a third custodian on the same night shift to complete daily checklists designed to monitor job performance. The plaintiffs filed a grievance with the union, challenging the use of the performance checklists. The union declined to pursuethe grievance with the committee after concluding that the use of the performance checklists was a fair method of evaluating the evening custodians' work, given that no supervisor worked on the evening shift.

In March 1995, Barrington School Superintendent Ralph A. Malafronte informed plaintiffs that the school committee would consider their termination at an April 6, 1995 hearing because of their poor job performance and their "failure to respond to repeated warnings and counselling." After learning this, plaintiffs filed the instant action in Superior Court. The complaint alleged unfair labor practices by the school committee in violation of G.L. 1956 § 28-7-13,¹ unfair representation by the union, failure to properly administer the overtime eligibility of plaintiffs, failure of the superintendent to respond in a timely manner to plaintiffs' grievances on overtime policy, and it protested the use of checklists. The plaintiffs sought a restraining order to prevent the hearing from going forward, but the restraining order was denied, and plaintiffs' employment was terminated effective April 10, 1995. The union then filed a grievance on plaintiffs' behalf, contesting the termination. The grievance went to arbitration, where it was denied. In the Superior Court action, the union's attorney stated that "the arbitrator noted the complaints of both parents and teachers with respect to the work performance of both of the plaintiffs." The union and the school defendants filed motions for summary judgment that were granted in favor of both defendants. The plaintiffs appealed.² "This Court reviews the granting of a motion for summary judgment on a de novo basis, applying the same criteria as the trial court. * * * Only when a review of the admissible evidence viewed in the light most favorable to the nonmoving party reveals no genuine issues of material fact, and the moving party is entitled to judgment as a matter of law, will this Court uphold the trial justice's grant of summary judgment." Carlson v. Town of Smithfield, 723 A.2d 1129, 1131 (R.I.1999) (per curiam).

The plaintiffs contended on appeal that summary judgment was improper because material issues of fact remained on the issue of whether the school committee terminated plaintiffs' employment because they attempted to grieve the use of the checklists. Such a termination would constitute an unfair labor practice, plaintiffs alleged. The plaintiffs, however, have presented no evidence that would support this contention. Mere allegations to the contrary contained in plaintiffs' pleadings are insufficient to defeat a motion for summary judgment. Bourg v. Bristol Boat Co., 705 A.2d 969, 971 (R.I.1998). Therefore, the grant of summary judgment on the allegation of unfair labor practices was proper.

The plaintiffs also contended on appeal that material issues of fact existed on whether the union discharged its duty to fairly represent plaintiffs in their grievances over the checklists. Although a union has the duty to fairly represent its members, Belanger v. Matteson, 115 R.I. 332, 337-38, 346 A.2d 124, 129 (1975), this controversy represents a "hybrid" case in which plaintiffs asserted both a violation of the collective bargaining agreement and unfair union representation. DelCostello v. International Brotherhood of Teamsters, 462 U.S. 151, 163-65, 103 S.Ct. 2281, 2290-91, 76 L.Ed.2d 476, 488-89 (1983).³ In such case...