The dispute over a new shift system in the fire department may be headed back to Superior Court, as the firefighters union has renewed its request that the court find the new system illegal and stop the city from using it.
In a new filing Thursday, the union not only renewed its request for an injunction against the department’s new three-platoon system, it also argued that the city has failed to include longevity pay in its calculations for overtime, an oversight that Local 799 President Paul Doughty could “significantly” increase the city’s possible damage costs if the union wins the case.
Doughty said he expected the union’s lawyers to bring the injunction request up at a scheduled case conference next week.
The fight is over Mayor Jorge O. Elorza’s Aug. 2 decision to abolish the department’s four-platoon system and replace it with three platoons. The change had the effect of increasing the average firefighter’s base work week from 42 to 56 hours. The administration has estimated that the longer week and consolidation of platoons could save the city $5 million a year in avoided overtime and call-back pay.
The union argues that the firefighter contract requires any changes in pay or work week have to be negotiated, and if those negotiations fail, submitted to arbitration.
The linchpin of the city’s argument is a state Supreme Court decision from earlier this year in which the court upheld North Kingstown’s decision to impose a three-platoon system on its fire department. The court ruled that the power to set platoon structure was an inherent management right that could not be challenged by the union.