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9 Rhode Island opinions name it 2 courts 2000–2018 0 in the last five years
The cases below were cited by Rhode Island courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Town of West Warwick v. LOCAL 2045, COUNCIL 94green2 sentences2018Moreover, we have declared that "a valid employment requirement prescribed by state law * * * is not a proper subject for arbitration." Id. (quoting Town of West Warwick v. Local 245, Council 94 , 714 A.2d 611 , 612 (R.I. 1998) (mem.) ). 2018The receipt of a waiver from the academy was "a valid employment requirement prescribed by state law[,]" and, as such, it was "not a proper subject for arbitration." State (Department of Administration) v. Rhode Island Council 94, A.F.S.C.M.E., AFL-CIO, Local 2409 , 925 A.2d 939 , 945 (R.I. 2007) (quoting Town of West Warwick v. Local 2045, Council 94 , 714 A.2d 611 , 612 (R.I. 1998) (mem.) ). | 3 | 5 |
Campbell v. Northeast Beverage Corp.green2 sentences2004See, e.g., Town of West Warwick, 714 A.2d at 612 (holding that where a town charter prohibited the town from employing convicted felons, and the town terminated two employees who were convicted of felonies, the employees' terminations were not arbitrable because "a valid employment requirement prescribed by state law cannot be negotiated and is not a proper subject for arbitration"). 2000In Local 2045, Council 94, 714 A.2d at 612, we specifically stated that “a valid employment requirement prescribed by state law cannot be negotiated and is not a proper subject for arbitration.” It is of no meaningful difference that, in this case, a town Home Rule Charter law is the controlling law. | 2 | 2 |
Pawtucket School Committee v. Pawtucket Teachers' Alliance, Local No. 930green2 sentences2001Here, too, neither the retirement counselor nor the board’s executive director possessed any actual or apparent authority to vary or contradict “a valid employment requirement prescribed by state law.” Rhode Island Alliance, 747 A.2d at 468 (quoting Pawtucket School Committee v. Pawtucket Teachers’ Alliance Local No. 930, 652 A.2d 970, 972 (R.I.1995)). 2001Here, too, neither the retirement counselor nor the board's executive director possessed any actual or apparent authority to vary or contradict "a valid employment requirement prescribed by state law." Rhode Island Alliance, 747 A.2d at 468 (quoting Pawtucket School Committee v. Pawtucket Teachers' Alliance Local No. 930, 652 A.2d 970, 972 (R.I.1995)). | 2 | 2 |
State, Department of Mental Health, Retardation, & Hospitals v. Rhode Island Council 94green2 sentences2018Moreover, we have declared that "a valid employment requirement prescribed by state law * * * is not a proper subject for arbitration." Id. (quoting Town of West Warwick v. Local 245, Council 94 , 714 A.2d 611 , 612 (R.I. 1998) (mem.) ). 2015This Court has declared that “a valid employment requirement prescribed by state law * * * is not a proper subject for arbitration.” Rhode Island Alliance of So *978 cial Services Employees, Local 580, SEIU, 747 A.2d at 468 (quoting Town of West Warwick v. Local 2015, Council 94, 714 A.2d 611, 612 (R.I.1998) (mem.)). “[A]n arbitrator cannot resolve a labor dispute by issuing a ruling that would conflict with or compromise the statutory authority or legal obligations of a department of state government.” Id. (citing State, Department of Mental Health, Retardation, and Hospitals v. Rhode Island | 1 | 2 |
Ferrelli v. Department of Employment Securitygreen2 sentences2001Although “in an appropriate factual context the doctrine of estoppel should be applied against public agencies to prevent injustice and fraud where the agency or officers thereof, acting within their authority, made representations to cause the party seeking to invoke the doctrine either to act or refrain from acting in a particular manner to his [, her, or its] detriment,” Ferrelli, 106 R.I. at 594 , 261 A.2d at 910 (emphasis added), neither a government entity nor any of its representatives has any implied or actual authority to modify, waive, or ignore applicable state law that conflicts wi 2001Although “in an appropriate factual context the doctrine of estoppel should be applied against public agencies to prevent injustice and fraud where the agency or officers thereof, acting within their authority, made representations to cause the party seeking to invoke the doctrine either to act or refrain from acting in a particular manner to his [, her, or its] detriment,” Ferrelli, 106 R.I. at 594 , 261 A.2d at 910 (emphasis added), neither a government entity nor any of its representatives has any implied or actual authority to modify, waive, or ignore applicable state law that conflicts wi | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Rhode Island. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Rhode Island Alliance of Social Services Employees, Local 580
green
2 sentences2015This Court has declared that “a valid employment requirement prescribed by state law * * * is not a proper subject for arbitration.” Rhode Island Alliance of So *978 cial Services Employees, Local 580, SEIU, 747 A.2d at 468 (quoting Town of West Warwick v. Local 2015, Council 94, 714 A.2d 611, 612 (R.I.1998) (mem.)). “[A]n arbitrator cannot resolve a labor dispute by issuing a ruling that would conflict with or compromise the statutory authority or legal obligations of a department of state government.” Id. (citing State, Department of Mental Health, Retardation, and Hospitals v. Rhode Island 2004The Court held that the prohibition constituted a "clear, non-modifiable-statutory mandate" that an arbitrator could not circumvent, and that "a valid employment requirement prescribed by state law cannot be negotiated and is not a proper subject for arbitration." Id. (citing Pawtucket School Comm. v. Pawtucket Teachers' Alliance Local No. 930, AFT, 652 a.2d 970, 972 (R.I. 1995)). | 5 | 2001–2018 |
State (Department of Administration) v. Rhode Island Council 94, A.F.S.C.M.E., AFL-CIO, Local 2409
green
1 sentence2018The receipt of a waiver from the academy was "a valid employment requirement prescribed by state law[,]" and, as such, it was "not a proper subject for arbitration." State (Department of Administration) v. Rhode Island Council 94, A.F.S.C.M.E., AFL-CIO, Local 2409 , 925 A.2d 939 , 945 (R.I. 2007) (quoting Town of West Warwick v. Local 2045, Council 94 , 714 A.2d 611 , 612 (R.I. 1998) (mem.) ). | 1 | 2018–2018 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.