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BREAKING: Providence Firefighters Score Court Victory Against Elorza’s Staffing Plan

Thursday, September 10, 2015

 

Firefighters demonstrated against Elorza earlier this week

The plan by Mayor Jorge Elorza to unilaterally change the staffing of the Providence Fire Department from four platoons to three platoons took a serious blow today when Superior Court Judge Jeffrey Lanphear ordered the issue be resolved through grievance arbitration.

In a ten page decision, Lanphear said the three platoon structure was a management right, but “The effects of the implementation of the three-platoon structure including wages, rates of pay, hours and other terms and conditions of employment shall be resolved pursuant to the grievance procedures set forth in Article XVI, Section 1 of the Collective Bargaining Agreement.”

"The only people who would be surprised by the Judge's decision today would be the city and the second-rate labor lawyer they're using," said Paul Doughty, President of the Firefighters Local 799. "It's important to note that the judge in this case didn't "split the baby."  Make no mistake, this was a victory for the firefighters."

"Of course we fully expect [Elorza] to spin it that he's still confident in his legal standing.  And the taxpayer needs to keep an eye on this," Doughty continued. "If we win in court, where his odds of winning are now lower -- if the bill comes due, it's going to be a hit to the city of $12 million to $20 million a year.  This was ill-thought out, ill-conceived, and illegal.  If he loses, he might was well hand the keys to the city over to a bankruptcy judge."

Elorza remained confident in the city's position on Thursday. 

"I am excited that the Judge affirmed the City's management right to restructure the fire department, an action that will reduce excessive overtime and save taxpayers $5-7 million annually. On the procedural question, the judge decided that both parties must go to arbitration. I am confident that going forward, an arbitrator or judge will also agree that the city has the management right to restructure the fire department," said Elorza in a statement. 

Thursday's Ruling

Moreover, Lanphear affirmed that, “If the grievance procedures do not resolve the disputes, grievance arbitration pursuant to Article  XVI,  Section  2  of  the  Collective  Bargaining  Agreement shall apply, and the decision of the Arbitrator shall be final and binding as the Collective Bargaining Agreement provides.”

The financial impact of the Lanphear decision is unknown.  What is known is that the dispute will continue and there is little motivation for the firefighter’s union to negotiate a resolution with the Elorza Administration

As GoLocal reported earlier: 

In May, Elorza announced that as part of addressing the city's structural deficit, he was reorganizing the Providence Fire Department from four platoons to three, which he said could save as much as $5 million annually -- and firefighters have been opposing since.

"I hope the auditor has done some models. It's our estimation that the best case scenario is $2 million in savings and worst case, a $12 million loss," said Local 799 President Paul Doughty on Friday. 

 

Related Slideshow: Active Fire Fighters Making Over $100K

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63.

Name: John Romano

Job Description: Fire Lieutenant

Total: $100,284.45

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62.

Name: Timothy Gingell

Job Description: Fire Lieutenant

Total: $100,310.16

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61.

Robert Barrett Jr.

Job Description: Fire Lieutenant

Total: $100,431.68

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60.

Name: Tim Whalen

Job Description: Air Supply Technician

Total: $100,459.35

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59.

Name: Rocco Sauro

Job Description: Fire Lieutenant

Total: $100,788.66

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58.

Name: Matthew Randall 

Job Description: Firefighter

Total: $101,257.61

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57.

Name: Robert Jackson 

Job Description: Fire Lieutenant 

Total: $101,533.24

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56.

Name: Garrison Roun 

Job Description: Fire Captain

Total: $103,287.08

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55.

Name: Jason White 

Job Description: Fire Rescue Lieutenant

Total: $103,451.16

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54.

Name: Robert Randle 

Job Description: Fire Lieutenant

Total: $104,221.73

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53.

Name: Joseph Vingi Jr. 

Job Description: Fire Lieutenant

Total: $104,299.27

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52.

Name: Stephen Capracotta 

Job Description: Fire Captain

Total: $104,762.46

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51.

Name: Jason Houle 

Job Description: Fire Captain

Total: $104,802.19

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50.

Name: Kevin Bross 

Job Description: Fire Lieutenant

Total: $105,201.83

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49.

Name: Joseph Dillon 

Job Description: Fire Lieutenant

Total: $105,294.56

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48.

Name: Michael Bates 

Job Description: Fire Captain

Total: $105,308.71

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47.

Name: Peter McMichael 

Job Description: Fire Prevention Captain

Total: $106,310.09

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46.

Name: Daniel Rinaldi 

Job Description: Firefighter 

Total: $106,665.69

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45.

Name: Kenneth Prew

Job Description: Fire Captain 

Total: $106,780.96

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44.

Name: James Taylor 

Job Description: Chief of Communications (Fire)

Total: $106,787.65

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43.

Name: Joseph Fontaine 

Job Description: Fire Captain

Total: $107,737.39

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42.

Name: Scott Shangraw 

Job Description: Fire Lieutenant

Total: $109,366.95

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41.

Name: Kenneth Cirelli 

Job Description: Acting Fire Battalion Chief

Total: $109,704.81

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40.

Name: Stephen Houle 

Job Description: Fire Captain

Total: $109,753.32

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39.

Name: Sean Reddy 

Job Description: Firefighter Car 79

Total: $109,873.05

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38.

Name: Heidi Rivard 

Job Description: Fire Rescue Captain

Total: $111,434.29

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37.

Name: Dennis Tucker 

Job Description: Fire Lieutenant 

Total: $111,456.06

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36.

Name: Vincent Clements 

Job Description: Dispatcher Lieutenant

Total: $111,497.41

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35.

Name: John Healey Jr.  

Job Description: Fire Battalion Chief

Total: $111,715.94

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34.

Name: Kevin Dolan

Job Description: Fire Captain

Total: $112,870.75

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33.

Name: David Plante 

Job Description: Fire Captain 

Total: $113,559.71

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32.

Name: Michael Peck Jr. 

Job Description: Fire Rescue Lieutenant

Total: $113,686.14

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31.

Name: John Hannon

Job Description: Fire Lieutenant 

Total: $113,746.06

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30.

Name: Stephen Siravo 

Job Description: Fire Captain 

Total: $114,029.68

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29.

Name: Kenneth Bager 

Job Description: Fire Lieutenant 

Total: $114,181.03

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28.

Name: Joseph Misto Jr.

Job Description: Dispatcher Lieutenant

Total: $114,469.25

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27.

Name: Dennis Vecchiarino 

Job Description: Fire Captain 

Total: $115,463.24

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26.

Name: Kristopher Wright 

Job Description: Firefighter 

Total: $115,583.06

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25.

Name: Jeffrey Gallo

Job Description: Acting Fire Battalion Chief

Total: $116,343.31

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24.

Name: Paul Picozzi 

Job Description: Fire Lieutenant 

Total: $117,054.02

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23.

Name: Michael O'Toole 

Job Description: Chief of Operations/Fire Dept

Total: $117,371.94

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22.

Name: Kenneth Rainone 

Job Description: Acting Fire Battalion Chief

Total: $118,216.87

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21.

Name: Paul Doughty

Job Description: Firefighter Car 79

Total: $119,162.01

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20.

Name: Thomas Miller 

Job Description: Fire Rescue Lieutenant

Total: $121,031.48

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19.

Name: Scott Mello 

Job Description: Assistant Fire Chief

Total: $122,100.94

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18.

Name: Kevin Jutras 

Job Description: Fire Captain 

Total: $122,219.25

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17.

Name: Brian Mahoney 

Job Description: Fire Captain 

Total: $122,257.14

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16.

Name: John Devlin Jr. 

Job Description: Fire Lieutenant 

Total: $122,648.91

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15.

Name: Antiliano Estrella

Job Description: Fire Lieutenant 

Total: $123,571.77

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14.

Name: Andrea Stukus 

Job Description: Fire Rescue Lieutenant

Total: $127,048.46

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13.

Name: David Palumbo 

Job Description: Fire Rescue Captain 

Total: $127,059.23

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12.

Name: J.J. Varone 

Job Description: Fire Battalion Chief

Total: $133,385.1

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11.

Name: David Soscia 

Job Description: Acting Deputy Asst. Chief

Total: $134,671

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10.

Name: William Kenyon 

Job Description: Acting Deputy Asst. Chief

Total: $134,914.97

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9.

Name: William Lynch

Job Description: Fire Rescue Captain

Total: $135,550.58

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8.

Name: Christopher Brochu 

Job Description: Fire Rescue Lieutenant 

Total: $137,698.67

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7.

Name: Peter Tagliaferri 

Job Description: Fire Rescue Lieutenant

Total: $138,730.29

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6.

Name: Thomas Cassin 

Job Description: Fire Captain 

Total: $139,499.51

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5.

Name: Joseph Desmarais 

Job Description: Deputy Ass'T Fire Chief

Total: $147,588.93

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4.

Name: James Mirza 

Job Description: Deputy Ass'T Fire Chief

Total: $153,163.4

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3.

Name: Clarence Cunha 

Job Description: Fire Chief 

Total: $154,609.65

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2.

Name: Zachariah Kenyon 

Job Description: Fire Rescue Captain

Total: $161,117.57

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1.

Name: Vincet D'Ambra 

Job Description: Fire Rescue Captain 

Total: $188,734.29

 
 

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