Town of Barrington v. State

• Decision Date: 25 March 2022
• Docket Number: C. A. PC-2019-10870
• Parties: TOWN OF BARRINGTON; TOWN OF BRISTOL; TOWN OF BURRILLVILLE; TOWN OF CHARLESTOWN; CITY OF CRANSTON; TOWN OF EAST GREENWICH; TOWN OF LINCOLN; TOWN OF LITTLE COMPTON; TOWN OF NORTH KINGSTOWN; TOWN OF NORTH PROVIDENCE; TOWN OF NORTH SMITHFIELD; CITY OF PAWTUCKET; CITY OF PROVIDENCE; TOWN OF SMITHFIELD; CITY OF WOONSOCKET; TOWN OF COVENTRY; TOWN OF CUMBERLAND; TOWN OF GLOCESTER; and TOWN OF WEST GREENWICH, Plaintiffs, v. STATE OF RHODE ISLAND; GINA M. RAIMONDO, IN HER OFFICIAL CAPACITY AS GOVERNOR OF THE STATE OF RHODE ISLAND; NICHOLAS A. MATTIELLO, IN HIS OFFICIAL CAPACITY AS SPEAKER OF THE RHODE ISLAND HOUSE OF REPRESENTATIVES; DOMINICK J. RUGGERIO, IN HIS OFFICIAL CAPACITY AS PRESIDENT OF THE RHODE ISLAND SENATE, Defendants, v. BARRINGTON SCHOOL COMMITTEE; IBPO, LOCAL #555; USW, AFL-CIO-CLC, LOCAL #14845; USW, AFL-CIO-CLC, LOCAL #14845-01; NEARI, LOCAL #868; NEARI, LOCAL #801; BRISTOL WARREN REGIONAL SCHOOL COMMITTEE; SCHOOL COMMITTEE; UNITED STEELWORKERS, AFL-CIO, CLC ON BEHALF OF LOCAL UNION #14845; RI COUNCIL 94, AFSCME, AFL-CIO ON BEHALF OF THE BRISTOL SEWER EMPLOYEES, LOCAL 1853; BRISTOL WARREN EDUCATIONAL ASSOCIATION LOCAL 802/NEARI/NEA; BURRILLVILLE SCHOOL COMMITTEE; RI COUNCIL 94, AFCSME, AFL-CIO ON BEHALF OF BURRILLVILLE TOWN EMPLOYEES, LOCAL 186; BURRILLVILLE TEACHERS' ASSOCIATION; RI COUNCIL 94, AFSCME, AFL-CIO LOCAL 1627; CHARIHO REGIONAL SCHOOL DISTRICT; TEAMSTERS LOCAL 251; CHARLESTOWN PROFESSIONAL MANAGEMENT ASSOCIATION; RI LABORERS' DISTRICT COUNCIL, LOCAL UNION 808; NEA CHARIHO; NEA CHARIHO EDUCATIONAL SUPPORT PROFESSIONALS; CRANSTON SCHOOL BOARD; CRANSTON TEACHERS' ALLIANCE LOCAL 1704, AFT; THE CRANSTON TEACHERS' ALLIANCE LOCAL 1704, AFT PARAPROFESSIONAL UNIT; LOCAL UNION 1322 BUS DRIVERS UNIT, TRADESPEOPLE AND MECHANIC UNITS OF THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA AFL-CIO; RI COUNCIL 94, AFSCME, AFL-CIO ON BEHALF OF THE CRANSTON PUBLIC SCHOOL EMPLOYEES, LOCAL 2044; NAGE LOCAL RI 153 CUSTODIAN UNIT; LABORERS INTERNATIONAL LOCAL 1322; TEAMSTERS LOCAL 251; EAST GREENWICH SCHOOL COMMITTEE; EAST GREENWICH MUNICIPAL EMPLOYEE'S ASSOCIATION NEARI; RI LABORERS' DISTRICT COUNCIL ON BEHALF OF LOCAL UNION 1322 OF THE LABORER' S INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO; EAST GREENWICH EDUCATION ASSOCIATION/NEARI/NEA; LINCOLN SCHOOL COMMITTEE; RHODE ISLAND LABORERS' DISTRICT COUNCIL ON BEHALF OF LOCAL UNION 1033; RHODE ISLAND LABORERS' DISTRICT COUNCIL ON BEHALF OF PUBLIC EMPLOYEES' LOCAL UNION 1033; LINCOLN TEACHERS' ASSOCIATION, LOCAL 1461, AMERICAN FEDERATION OF TEACHERS, AFL-CIO; RI COUNCIL 94, AFSCME, AFL-CIO, ON BEHALF OF LOCAL 2671; LITTLE COMPTON SCHOOL COMMITTEE; MUNI EMPLOYEES ASSN NEARI 860; EDUCATION SUPPORT PERSONNEL NEARI; LITTLE COMPTON TEACHERS' ASSOCIATION NEARI; NORTH KINGSTOWN SCHOOL COMMITTEE; RI LABORERS' DISTRICT COUNCIL ON BEHALF OF PUBLIC SERVICE EMPLOYEES' LOCAL UNION 1033 OF THE LABORER'S INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO; NATIONAL EDUCATION ASSOCIATION OF NORTH KINGSTOWN; NORTH PROVIDENCE SCHOOL COMMITTEE; RI COUNCIL 94, AFSCME, AFL-CIO; RI LABORERS' DISTRICT COUNCIL ON BEHALF OF PUBLIC EMPLOYEES' LOCAL UNION 1033 AFFILIATE OF THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA; LOCAL 920 AMERICAN FEDERATION OF TEACHERS; LOCAL 2435 NORTH PROVIDENCE EDUCATIONAL WORKERS; LOCAL 1033 PARAPROFESSIONALS; NORTH SMITHFIELD SCHOOL COMMITTEE; RI COUNCIL 94, AFCSME, AFL-CIO ON BEHALF OF THE NORTH SMITHFIELD TOWN EMPLOYEES LOCAL 937; NORTH SMITHFIELD TEACHER'S ASSOCIATION; PAWTUCKET SCHOOL COMMITTEE; RI COUNCIL 94, AFSCME, AFL-CIO LOCAL 1012; PAWTUCKET TEACHERS ALLIANCE, LOCAL 930, AFT, AFL-CIO; PROVIDENCE SCHOOL BOARD; RI LABORERS' DISTRICT COUNCIL ON BEHALF OF THE PUBLIC SERVICE EMPLOYEES, LOCAL UNION 1033; PROVIDENCE TEACHER'S UNION, AFT LOCAL 958; RI LABORERS' DISTRICT COUNCIL; RI COUNCIL 94, AFSCME, LOCAL 1339; SMITHFIELD SCHOOL COMMITTEE; RI LABORERS' DISTRICT COUNCIL ON BEHALF OF LOCAL UNION 1217 AFFILIATE OF THE LABORER'S INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO; NEA SMITHFIELD; WOONSOCKET SCHOOL COMMITTEE; RI COUNCIL 94, AFSCME, AFL-CIO LOCAL 670; WOONSOCKET TEACHERS GUILD, LOCAL 951, AFT, AFL-CIO; COVENTRY SCHOOL COMMITTEE; RI COUNCIL 94, AFSCME, LOCAL 3484; COVENTRY TEACHERS' ALLIANCE, LOCAL 1075, AMERICAN FEDERATION OF TEACHERS, AFL-CIO; CUMBERLAND SCHOOL COMMITTEE; CUMBERLAND TOWN EMPLOYEES UNION; CUMBERLAND TEACHERS' ASSOCIATION; GLOCESTER SCHOOL COMMITTEE; FOSTER-GLOCESTER REGIONAL SCHOOL DISTRICT SCHOOL COMMITTEE; RI LABORERS' DISTRICT COUNCIL ON BEHALF OF LOCAL UNION 1322 OF THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO; GLOCESTER TEACHERS' ASSOCIATION LOCAL 813 NEARI/NEA; NEA-PONAGANSET; EXETER-WEST GREENWICH REGIONAL SCHOOL DISTRICT SCHOOL COMMITTEE; EXETER-WEST GREENWICH TEACHERS' ASSOCIATION, NEARI/NEA; and RI LABORERS' DISTRICT COUNCIL ON BEHALF OF LOCAL UNION 1322 OF THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO, Defendants.
• Court: Rhode Island Superior Court

TOWN OF BARRINGTON; TOWN OF BRISTOL; TOWN OF BURRILLVILLE; TOWN OF CHARLESTOWN; CITY OF CRANSTON; TOWN OF EAST GREENWICH; TOWN OF LINCOLN; TOWN OF LITTLE COMPTON; TOWN OF NORTH KINGSTOWN; TOWN OF NORTH PROVIDENCE; TOWN OF NORTH SMITHFIELD; CITY OF PAWTUCKET; CITY OF PROVIDENCE; TOWN OF SMITHFIELD; CITY OF WOONSOCKET; TOWN OF COVENTRY; TOWN OF CUMBERLAND; TOWN OF GLOCESTER; and TOWN OF WEST GREENWICH, Plaintiffs, v. STATE OF RHODE ISLAND; GINA M. RAIMONDO, IN HER OFFICIAL CAPACITY AS GOVERNOR OF THE STATE OF RHODE ISLAND; NICHOLAS A. MATTIELLO, IN HIS OFFICIAL CAPACITY AS SPEAKER OF THE RHODE ISLAND HOUSE OF REPRESENTATIVES; DOMINICK J. RUGGERIO, IN HIS OFFICIAL CAPACITY AS PRESIDENT OF THE RHODE ISLAND SENATE, Defendants, v. BARRINGTON SCHOOL COMMITTEE; IBPO, LOCAL #555; USW, AFL-CIO-CLC, LOCAL #14845; USW, AFL-CIO-CLC, LOCAL #14845-01; NEARI, LOCAL #868; NEARI, LOCAL #801; BRISTOL WARREN REGIONAL SCHOOL COMMITTEE; SCHOOL COMMITTEE; UNITED STEELWORKERS, AFL-CIO, CLC ON BEHALF OF LOCAL UNION #14845; RI COUNCIL 94, AFSCME, AFL-CIO ON BEHALF OF THE BRISTOL SEWER EMPLOYEES, LOCAL 1853; BRISTOL WARREN EDUCATIONAL ASSOCIATION LOCAL 802/NEARI/NEA; BURRILLVILLE SCHOOL COMMITTEE; RI COUNCIL 94, AFCSME, AFL-CIO ON BEHALF OF BURRILLVILLE TOWN EMPLOYEES, LOCAL 186; BURRILLVILLE TEACHERS' ASSOCIATION; RI COUNCIL 94, AFSCME, AFL-CIO LOCAL 1627; CHARIHO REGIONAL SCHOOL DISTRICT; TEAMSTERS LOCAL 251; CHARLESTOWN PROFESSIONAL MANAGEMENT ASSOCIATION; RI LABORERS' DISTRICT COUNCIL, LOCAL UNION 808; NEA CHARIHO; NEA CHARIHO EDUCATIONAL SUPPORT PROFESSIONALS; CRANSTON SCHOOL BOARD; CRANSTON TEACHERS' ALLIANCE LOCAL 1704, AFT; THE CRANSTON TEACHERS' ALLIANCE LOCAL 1704, AFT PARAPROFESSIONAL UNIT; LOCAL UNION 1322 BUS DRIVERS UNIT, TRADESPEOPLE AND MECHANIC UNITS OF THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA AFL-CIO; RI COUNCIL 94, AFSCME, AFL-CIO ON BEHALF OF THE CRANSTON PUBLIC SCHOOL EMPLOYEES, LOCAL 2044; NAGE LOCAL RI 153 CUSTODIAN UNIT; LABORERS INTERNATIONAL LOCAL 1322; TEAMSTERS LOCAL 251; EAST GREENWICH SCHOOL COMMITTEE; EAST GREENWICH MUNICIPAL EMPLOYEE'S ASSOCIATION NEARI; RI LABORERS' DISTRICT COUNCIL ON BEHALF OF LOCAL UNION 1322 OF THE LABORER' S INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO; EAST GREENWICH EDUCATION ASSOCIATION/NEARI/NEA; LINCOLN SCHOOL COMMITTEE; RHODE ISLAND LABORERS' DISTRICT COUNCIL ON BEHALF OF LOCAL UNION 1033; RHODE ISLAND LABORERS' DISTRICT COUNCIL ON BEHALF OF PUBLIC EMPLOYEES' LOCAL UNION 1033; LINCOLN TEACHERS' ASSOCIATION, LOCAL 1461, AMERICAN FEDERATION OF TEACHERS, AFL-CIO; RI COUNCIL 94, AFSCME, AFL-CIO, ON BEHALF OF LOCAL 2671; LITTLE COMPTON SCHOOL COMMITTEE; MUNI EMPLOYEES ASSN NEARI 860; EDUCATION SUPPORT PERSONNEL NEARI; LITTLE COMPTON TEACHERS' ASSOCIATION NEARI; NORTH KINGSTOWN SCHOOL COMMITTEE; RI LABORERS' DISTRICT COUNCIL ON BEHALF OF PUBLIC SERVICE EMPLOYEES' LOCAL UNION 1033 OF THE LABORER'S INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO; NATIONAL EDUCATION ASSOCIATION OF NORTH KINGSTOWN; NORTH PROVIDENCE SCHOOL COMMITTEE; RI COUNCIL 94, AFSCME, AFL-CIO; RI LABORERS' DISTRICT COUNCIL ON BEHALF OF PUBLIC EMPLOYEES' LOCAL UNION 1033 AFFILIATE OF THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA; LOCAL 920 AMERICAN FEDERATION OF TEACHERS; LOCAL 2435 NORTH PROVIDENCE EDUCATIONAL WORKERS; LOCAL 1033 PARAPROFESSIONALS; NORTH SMITHFIELD SCHOOL COMMITTEE; RI COUNCIL 94, AFCSME, AFL-CIO ON BEHALF OF THE NORTH SMITHFIELD TOWN EMPLOYEES LOCAL 937; NORTH SMITHFIELD TEACHER'S ASSOCIATION; PAWTUCKET SCHOOL COMMITTEE; RI COUNCIL 94, AFSCME, AFL-CIO LOCAL 1012; PAWTUCKET TEACHERS ALLIANCE, LOCAL 930, AFT, AFL-CIO; PROVIDENCE SCHOOL BOARD; RI LABORERS' DISTRICT COUNCIL ON BEHALF OF THE PUBLIC SERVICE EMPLOYEES, LOCAL UNION 1033; PROVIDENCE TEACHER'S UNION, AFT LOCAL 958; RI LABORERS' DISTRICT COUNCIL; RI COUNCIL 94, AFSCME, LOCAL 1339; SMITHFIELD SCHOOL COMMITTEE; RI LABORERS' DISTRICT COUNCIL ON BEHALF OF LOCAL UNION 1217 AFFILIATE OF THE LABORER'S INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO; NEA SMITHFIELD; WOONSOCKET SCHOOL COMMITTEE; RI COUNCIL 94, AFSCME, AFL-CIO LOCAL 670; WOONSOCKET TEACHERS GUILD, LOCAL 951, AFT, AFL-CIO; COVENTRY SCHOOL COMMITTEE; RI COUNCIL 94, AFSCME, LOCAL 3484; COVENTRY TEACHERS' ALLIANCE, LOCAL 1075, AMERICAN FEDERATION OF TEACHERS, AFL-CIO; CUMBERLAND SCHOOL COMMITTEE; CUMBERLAND TOWN EMPLOYEES UNION; CUMBERLAND TEACHERS' ASSOCIATION; GLOCESTER SCHOOL COMMITTEE; FOSTER-GLOCESTER REGIONAL SCHOOL DISTRICT SCHOOL COMMITTEE; RI LABORERS' DISTRICT COUNCIL ON BEHALF OF LOCAL UNION 1322 OF THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO; GLOCESTER TEACHERS' ASSOCIATION LOCAL 813 NEARI/NEA; NEA-PONAGANSET; EXETER-WEST GREENWICH REGIONAL SCHOOL DISTRICT SCHOOL COMMITTEE; EXETER-WEST GREENWICH TEACHERS' ASSOCIATION, NEARI/NEA; and RI LABORERS' DISTRICT COUNCIL ON BEHALF OF LOCAL UNION 1322 OF THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO, Defendants.

C. A. No. PC-2019-10870

Superior Court of Rhode Island, Providence

March 25, 2022

For Plaintiff: Angel Taveras, Esq.

For Defendant: Sara Rapport, Esq.; Elizabeth A. Wiens, Esq. Kevin McAllister, Esq.; Stephen Adams, Esq.; Gregory Piccirilli, Esq.; Gary T. Gentile, Esq.; William J. Conley Jr., Esq.; Carly B. Iafrate, Esq.; Darren F. Corrente, Esq. Kayla E. O'Rourke, Esq.; James Musgrave, Esq.

DECISION

LANPHEAR, J.

Before this Court are seven Motions to Dismiss and one Motion for Entry of Judgment on the Pleadings by Defendants. This Court heard all motions on November 16, 2021. Defendants consist of ninety-six parties, including school committees, school boards, teachers' associations, teachers' unions, municipal employees' unions, and the State of Rhode Island. Plaintiffs consist of nineteen parties, all of which are municipalities of the State of Rhode Island. Plaintiffs object to the Motions to Dismiss and Motion for Entry of Judgment on the Pleadings. This Court has jurisdiction pursuant to G.L. 1956 §§ 8-2-13, 8-2-14, and 9-30-1, as well as Rules 12(b)(1), 12(b)(6), and 12(c) of the Superior Court Rules of Civil Procedure.

I Facts and Travel

In 2019, five Representatives of the House proposed bill H 5437A, which provided that all terms and conditions in schoolteachers' and municipal employees' collective bargaining agreements (CBAs) shall remain in effect after expiration while the parties are engaged in negotiations until a successor agreement is reached. (Am. Compl. ¶ 117.) A similar bill, S 0512A, originated in the Senate. Id. ¶ 118. On May 14, 2019, Governor Raimondo signed both H 5437A and S 0512A into law as P.L. 2019, ch. 15 and ch. 16. Id. ¶ 131. Public Law 2019 chapters 15 and 16 effectively amended G.L. 1956 §§ 28-9.3-12 and 28-9.4-13. Section 28-9.3-12 follows:

"While the parties are engaged in negotiations and/or utilizing the dispute resolution process as required in § 28-9.3-9, all terms and conditions in the collective bargaining agreement shall remain in effect. The decision of the arbitrators shall be made public and shall be binding on the certified public school teachers and their representative and the school committee on all matters not involving the expenditure of money. Should either party reject the non-binding matters in the decision of the arbitrators, the binding matters shall be implemented. Following the conclusion of the dispute resolution process as required in § 28-9.3-9, should the parties still be unable to reach agreement, all contractual provisions related to wages and benefits contained in the collective bargaining agreement, except for any contractual provisions that limit layoffs, shall continue as agreed to in the expired collective bargaining agreement until such time as a successor agreement has been reached between the parties." Section 28-9.3-12 (new language in italics).

Section 28-9.4-13(a) states:

"(a) While the parties are engaged in negotiations and/or utilizing the dispute resolution process as required in § 28-9.4-10, all terms and conditions in the collective bargaining agreement shall remain in effect. The decision of the arbitrators shall be made public and shall be binding upon the municipal employees in the appropriate bargaining unit and their representative and the municipal employer on all matters not involving the expenditure of money. Should either party reject the nonbinding matters in the decision of the arbitrators, the binding matters shall be implemented. Following the conclusion of the dispute resolution process as required in § 28-9.4-10, should the parties still be unable to reach agreement, all contractual provisions related to wages and benefits contained in the collective bargaining agreement, except for any contractual provisions that limit layoffs, shall continue as agreed to in the expired collective bargaining agreement until such time as a successor agreement has been reached between the parties." Section 28-9.4-13 (new language in italics).

Section 28-9.3-12 and 28-9.4-13 are commonly known as the "Lifetime Contracts Law," as the amended language dictates that the terms and conditions, including wages and benefits, of CBAs with teachers' unions and municipal employees' unions shall remain in effect after the expiration of a contract while the parties are engaged in negotiations. See §§ 28-9.3-12, 28-9.4-13. If the parties are unable to reach an agreement following the dispute resolution process outlined in §§ 28-9.3-9 and 28-9.4-10, ^[1] only the wage and benefit terms (but not the layoff provisions) of the expired CBAs will continue until a successor agreement is reached. See §§ 28-9.3-12, 28-9.4-13.

The original Plaintiffs are nineteen municipal corporations^[2] organized under article 13 of the Rhode Island Constitution and claim that §§ 28-9.3-12 and 28-9.4-13 unconstitutionally provide for the extension of two types of contracts after such contracts have expired; namely CBAs with...