PROVIDENCE -- A Superior Court judge has ruled that Cranston Mayor
Stephen P. Laffey can lay off the city's school crossing guard's to ease
the city's financial problems.
Judge Daniel Procaccini's decision, issued this morning, sets aside an
arbitrator's ruling that Laffey had violated a contract in laying off
the guards in the summer of 2003.
In moving to lay off the 39 crossing guards, Laffey squared off with the
guard's union and unleashed a controversy that still generates headlines.
Laffey complained that the city could not afford to keep the guards
because they made too much money and received full benefits despite
working only part time.
The contract, reached with a previous administration, pays the guards
$45 for an hour of work each day and gives them the option of full
health-care benefits for themselves and their families, dental
insurance, life insurance, paid holidays and paid snow days.
At the time, Laffey said the layoffs could save the city $600,000 per
year. He wanted to hire a private contractor to take over their duties.
But the guard's union -- Public Service Employees Local 1033, Laborers
International Union of North America -- challenged Laffey's move in
Superior Court.
Judge Stephen J. Fortunato Jr. concluded that the city could not
arbitrarily discard the guards' contract, which had had a no-layoffs
clause inserted into it covering the period July 1, 2002, to June 30,
2005.
Fortunato issued a temporary order barring the dismissals and sent the
dispute to binding arbitration. The city had to continue employing 39
guards, and even had to replace several who had retired after the city
announced the layoffs.
In April, an arbitrator ruled in favor of the union, saying the city had
violated the no-layoffs provision.
But Cranston appealed that decision, saying that the arbitrator had no
authority to make the decision, which it argued directly contradicted
city charter provisions allowing the mayor and city council to control
certain governmental processes.
Today, Procaccini ruled that Laffey's power under the charter allows him
to lay off the crossing guards. The judge said the issue should not have
gone to arbitration, and that the no-layoff provision was void because
it is against public policy.
Procaccini wrote, "The mayor and the city acted within the authority
conferred by the Cranston charter provisions in making the executive
decision to lay-off the crossing guards.
"Furthermore, it is apparent that under the charter, the mayor had a
duty to the city to recommend this change once he found out that
eliminating the crossing guards program would mitigate the city’s
financial crisis."
Laffey has scheduled a press conference for this afternoon at City Hall.
"This is an enormous victory for the taxpayers of Rhode Island," Laffey
said through a spokeswoman this afternoon.
The fate of the crossing guards, who have been working during the
dispute, was unclear early this afternoon. The mayor's spokeswoman said
the mayor was still reviewing the decision.
Laffey has scheduled a press conference on the decision for 2:30 p.m. at
City Hall.
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