Warwick School Committee v. Warwick Teachers' Union, Local 915

• Decision Date: 02 October 1992
• Docket Number: No. 92-455-A,92-455-A
• Citation: 613 A.2d 1273
• Parties: 77 Ed. Law Rep. 861 WARWICK SCHOOL COMMITTEE v. WARWICK TEACHERS' UNION LOCAL 915, et al. ppeal.
• Court: Rhode Island Supreme Court

Page 1273

613 A.2d 1273

77 Ed. Law Rep. 861

WARWICK SCHOOL COMMITTEE v. WARWICK TEACHERS' UNION LOCAL 915, et al.

No. 92-455-Appeal.

Supreme Court of Rhode Island.

Oct. 2, 1992.

William R. Powers III and James M. Green, Powers, Kinder & Keeney, Inc., Providence, for plaintiff.

Richard A. Skolnik, Lipsey & Skolnik Esquires, Inc., Providence, for defendant.

Forrest L. Avila, Dept. of Educ., Providence, for Com'r of Educ., amicus curiae.

Thomas J. Liguori, Jr., Urso, Liguori & Urso, Westerly, for Nat. Educ. Ass'n, amicus curiae.

OPINION

PER CURIAM.

This case came before us on a motion for stay filed by the Warwick School Committee (committee) in aid of an appeal filed by the committee from an order of the Superior Court requiring the committee to reinstate and comply with the terms of a collective bargaining agreement entered into between the committee and the Warwick Teachers' Union, Local 915 (union) commencing in 1988 and expiring on August 31, 1991 (expired contract).

The committee and the union had engaged in negotiations intended to culminate in a new collective bargaining agreement which was scheduled to begin on September 1, 1991 and expire on August 31, 1994. The union's negotiators and the committee's negotiators reached an apparent agreement, but the committee later claimed that its negotiators were not authorized to agree to certain aspects of the 1991-1994 agreement (new agreement).

As a result of the dispute concerning the validity of the new agreement, the union in October 1991 filed an unfair labor practice charge with the State Labor Relations Board (board) against the committee by reason of its refusal to execute the new agreement. After a number of hearings the board sustained the union's position and ordered the committee to enter into a written collective bargaining agreement including the terms and conditions orally agreed upon during the negotiating period of March 1991 up to and including September 10, 1991.

The committee appealed the decision of the board to the Superior Court pursuant to G.L.1956 (1988 Reenactment) § 42-35-15. After consideration of this appeal a justice of the Superior Court reversed the decision of the State Labor Relations Board, holding that the members of the committee's negotiating team did not have the authority to agree to the terms and conditions of the new contract in respect to certain key issues. Indeed, the justice of the Superior Court found that the school committee negotiators lacked actual authority to enter into a binding agreement. Consequently, the justice held that the board's conclusion as to authority was erroneous as a matter of law. Therefore, she declined to order the committee to enter into a new collective bargaining agreement in accordance with the terms negotiated by the committee's representatives. This judgment of the Superior Court is currently pending before this court on petition for certiorari.

Meanwhile, negotiations between the committee and the union failed to reach a new agreement by the opening of school in September 1992. As a result of this failure, members of the union refused to report to work on the day scheduled for the beginning of school, and on September 2, 1992, the committee filed a complaint against the union and certain of its members seeking injunctive relief from the Superior Court to order the union and its members to cease to obstruct the committee from carrying out its governmental function of education and its statutory duties in respect to the operation of the Warwick school system. The committee requested that all members of the union, named or unnamed, be ordered and directed to rescind and recall any vote, resolution or order declaring a strike and to continue the performance of their duties as certified teachers in the Warwick school system.

After conducting an evidentiary hearing, a justice of the Superior Court on September 9, 1992, ordered the union, its officers, and teacher members to cease and desist from continuing with the illegal strike.

Pursuant to the issuance of this injunction, the Superior Court later held hearings on a motion to adjudge certain members of the union in contempt for failure to obey its order of September 9. After hearing, 18 members of the union were incarcerated for contempt.

On September 14, 1992, the committee and the union were again before the Superior Court for consideration of the imposition of further sanctions upon other members of the union for failure to cease and desist from further concerted action that constituted an illegal strike. At this hearing, the justice of the Superior Court announced that he would hear testimony of the Commissioner of Education, Peter McWalters. After hearing the testimony of Peter McWalters and conferring with the Superintendent of Schools of the City of Warwick, the justice inquired whether the striking teachers would return to work pursuant to the terms and conditions of the prior contract which had expired August 31, 1991. Counsel for the teachers, after consultation, replied that they would do so. The response of counsel for the committee was equivocal, but did not amount to an objection. The trial justice entered a written order September 15, 1992.

Thereafter, the committee filed a motion for rehearing...