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STATE OF RHODE ISLAND KENT, SC.

Girard Bouchard, in his capacity as President of the Board of Directors of The Central Coventry Fire District, : : : : Plaintiff, : : v. : : Central Coventry Fire District, : : Defendant, : __________________________________________:

SUPERIOR COURT

K.B. No. 12-1150

COVENTRY FIREFIGHTERS RESPONSE TO SPECIAL MASTERS OBJECTION TO RENEWED AND AMENDED MOTION FOR PAYMENT OF POST-PETITION WAGES AND BENEFITS Now come Coventry Professional Firefighters, Local 3372 (Firefighters) and hereby respond to the Special Masters Objection to Motion for Reverse Boys Market Injunction Requiring the District to Comply with the CBA. As reasons therefore, the Firefighters state: An Injunction Based on the CBA is Not Premature 1. As the Firefighters stated in their Reply to the Special Masters Objection to

Payment of Post-Petition Wages, no legitimate objection to the validity of the CBA has been proffered. On the contrary, the evidence is overwhelming that the CBA is valid. Consequently, the Special Master and the District should be ordered to comply with it. The Firefighters Can Easily Demonstrate a Probability of Success on the Merits 2. The Special Master does not dispute that he and the District have violated the

CBA. His only argument against the Firefighters ability to succeed on the merits is that this Court has not affirmatively ruled that the CBA is valid. However, as stated above, the CBA is clearly valid, or, at the very least, the Firefighters have demonstrated a probability of success in

proving the validity of the CBA. Consequently, they have satisfied the first requirement for injunctive relief. The Firefighters Have Demonstrated Irreparable Harm 3. The Special Master claims that the Firefighters have an adequate remedy at law in

that they can arbitrate the contract violations. However, he has filed a Motion to Enforce the Automatic Stay to prevent the Firefighters from arbitrating. 4. Further, the Special Master misses the point of the Reverse Boys Market

Injunction,1 which is to prevent arbitration from becoming meaningless. So, the fact that the Firefighters may eventually be permitted to arbitrate the contract violations do not necessarily provide them with an adequate remedy. As the Firefighters explained in their Motion, even if they are ultimately successful at arbitration, if the District no longer exists, or has insufficient assets to satisfy any judgment, arbitration will have been meaningless. 5. Further, the reason monetary claims do not normally invite injunctive relief is

because the movant can be adequately compensated at the conclusion of the case. If the District no longer exists or has insufficient assets to compensate its employees upon the conclusion of arbitration, they will obviously have been irreparably harmed. 6. While the Firefighters hope that there will be adequate funds available to remedy

the Districts contract violations, there is a possibility that there will not be. Further, although the Court has ruled that the Districts residents are liable for the Districts MERS obligations, it

The Special Master cites other cases involving Firefighters Unions to question the applicability of the Reverse Boys Market test. Simply because an IAFF local was a named party, however, does not mean that the cited cases are applicable to the instant case. As this Court knows, the Court did not apply the Reverse Boys Market test in Local 1651 v. Town of North Kingstown because the issue there involved the legality of an Ordinance. Likewise, in Local 2334 v. Town of North Providence, this Court held that the Towns decision to close a fire station was a management right. Consequently, the Reverse Boys Market test was inapplicable.

has not ruled with the respect to the Districts other liabilities. The Union believes that the same rationale applied to the MERS liabilities should apply to the Districts CBA obligations; however, it has filed the instant Motion to protect its members in the event taxpayers cannot be held responsible for the entire amount.

Respectfully submitted, Coventry Professional Firefighters, Local 3372, By its Attorneys,

/s/ Elizabeth Wiens______ Marc Gursky, Esq. (#2818) Elizabeth Wiens, Esq. (#6827) Gursky Law Associates 420 Scrabbletown Road North Kingstown, RI 02852 ewiens@rilaborlaw.com

CERTIFICATION A true copy of the foregoing was served on the following via email on December 13, 2013: kmiley@courts.ri.gov, bstern@courts.ri.gov, rland@crfllp.com, /s/ Elizabeth Wiens