West Warwick Housing Authority v. RI Council 94, AFSCME, AFL-CIO ( 2022 )


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  •                                                 Supreme Court
    No. 2020-21-Appeal.
    (KM 16-747)
    West Warwick Housing Authority     :
    v.                   :
    RI Council 94, AFSCME, AFL-CIO.     :
    NOTICE: This opinion is subject to formal revision
    before publication in the Rhode Island Reporter. Readers
    are requested to notify the Opinion Analyst, Supreme
    Court of Rhode Island, 250 Benefit Street, Providence,
    Rhode Island 02903, at Telephone (401) 222-3258 or
    Email opinionanalyst@courts.ri.gov, of any typographical
    or other formal errors in order that corrections may be
    made before the opinion is published.
    Supreme Court
    No. 2020-21-Appeal.
    (KM 16-747)
    West Warwick Housing Authority          :
    v.                     :
    RI Council 94, AFSCME, AFL-CIO.           :
    Present: Suttell, C.J., Goldberg, Robinson, Lynch Prata, and Long, JJ.
    OPINION
    Justice Long, for the Court.          The plaintiff, West Warwick Housing
    Authority (plaintiff or the housing authority), appeals from a Superior Court
    judgment in favor of the defendant, Rhode Island Council 94, AFSCME, AFL-CIO
    (defendant or the union), denying the plaintiff’s motion to vacate an arbitration
    award, granting the defendant’s motion to confirm the award, and awarding
    attorneys’ fees to the defendant as the prevailing party. On appeal, the plaintiff
    argues that the trial justice committed reversible error in denying its motion to vacate
    because, the plaintiff contends, the defendant failed to prove at arbitration that an
    enforceable agreement to arbitrate existed at the time of the termination that gave
    rise to the grievance at issue in this case. Conversely, the union maintains that,
    because the trial justice correctly denied the plaintiff’s motion to vacate, this Court
    -1-
    should deny the instant appeal and remand the matter to the Superior Court for
    determination of an award of attorneys’ fees and costs to the defendant relating to
    this appeal.
    For the reasons stated herein, we affirm the judgment of the Superior Court.
    Facts and Procedural History
    The housing authority is a governmental agency that operates public housing
    for the Town of West Warwick. The union represents certain municipal employees
    employed by the housing authority.
    On July 27, 2012, the housing authority and the union executed a collective
    bargaining agreement governing the terms of employment for certain housing
    authority employees (the CBA). The CBA’s effective dates were July 24, 2012,
    through December 31, 2014. By the terms of Section 40.1 of the CBA, the CBA
    would automatically renew every year thereafter for a one-year term, unless either
    party provided written notice prior to 120 days before the CBA’s expiration date of
    a desire to renegotiate the CBA. The CBA also contained a provision titled
    “Supplement” (the HUD ratification provision), which stated:
    “This agreement between the West Warwick Housing
    Authority and Rhode Island Council 94, AFSCME, AFL-
    CIO is conditional upon the approval of the U.S.
    Department of Housing and Urban Development. Should
    this contract not be approved by H.U.D., both parties will
    seek, in good faith, to have a determination in the
    appropriate forum.”
    -2-
    On April 29, 2015, the housing authority suspended the employment of
    Deborah Tellier (the grievant) as a Senior Housing Specialist, and the grievant was
    ultimately terminated. The union grieved her termination pursuant to the relevant
    provisions of the CBA. After the parties failed to resolve the grievance, the union
    duly requested arbitration on June 30, 2015, pursuant to a provision of the CBA that
    mandated arbitration if timely requested.
    Arbitration proceedings commenced on March 1, 2016. The parties submitted
    the CBA as a joint exhibit, but the housing authority challenged the substantive
    arbitrability of the grievance; according to the housing authority, the parties did not
    have a valid agreement to arbitrate. Specifically, the housing authority argued before
    the arbitrator that the CBA was invalid because it had not been ratified by the United
    States Department of Housing and Urban Development (HUD), pursuant to the HUD
    ratification provision of the CBA. The housing authority argued in the alternative
    that, assuming that a valid CBA between the parties had existed, it nevertheless
    expired before the union filed the grievance at issue in this case; therefore, the
    housing authority contended that the grievance was not substantively arbitrable due
    to the lack of a valid agreement by the parties to arbitrate. Importantly, there is no
    evidence in the record that the housing authority had, prior to the commencement of
    the arbitration, sought resolution of the issue of the existence of a valid agreement
    to arbitrate.
    -3-
    For its part, the union countered that there was no evidence in the record
    before the arbitrator that HUD was statutorily required to ratify the CBA. The union
    further argued that the housing authority had complied with the CBA both during
    the initial term of the contract and in the months after the last effective date of
    December 31, 2014. The union maintained that it had reasonably relied on the
    housing authority’s prior compliance with the CBA in support of the union’s belief
    that an enforceable contract indeed existed between the parties.
    In his written award and decision, the arbitrator made the following findings.
    On the issue of substantive arbitrability, he found that the CBA did not expressly
    allocate to either party the obligation to submit the CBA to HUD. However, he
    found that the evidence demonstrated that it was the housing authority that had a
    financial and operational relationship with HUD, and conversely that there was no
    evidence that the union had a relationship with HUD. Consequently, the arbitrator
    found that it was the housing authority that was responsible for submitting the CBA
    to HUD for approval.
    The arbitrator also found that the housing authority had acted as if the CBA
    was valid at least until May 26, 2015, when, in connection with this case, the housing
    authority notified the union of its repudiation of the grievance and arbitration
    provisions of the CBA.      In finding that the union had relied on the housing
    authority’s performance of its obligations under the CBA until that time, the
    -4-
    arbitrator acknowledged in particular that there was evidence that the housing
    authority had been paying contractually obligated salaries pursuant to the CBA.
    The arbitrator further found that there was no evidence that either party had
    sought modification of the CBA pursuant to the renewal provisions in Section 40.1
    and that, in fact, both parties had negotiated the renewal of the CBA after
    December 31, 2014, the expiration date for the contract’s initial term, as provided in
    Section 40.1. The arbitrator inferred from this evidence that the housing authority
    had believed that the CBA was viable until at least May 26, 2015, when the housing
    authority repudiated the grievance and arbitration provisions in connection with the
    grievance at issue in this case.
    As to the merits of the grievance, the arbitrator decided in the grievant’s favor,
    determining that the housing authority did not have just cause to terminate her.
    Thereafter, the housing authority filed a complaint in Kent County Superior
    Court seeking to vacate the arbitration award pursuant to G.L. 1956 § 28-9-18.
    Before the trial justice, the housing authority conceded that it had the responsibility
    to obtain HUD ratification of the CBA. However, the housing authority again
    maintained that the grievance was not substantively arbitrable because the CBA was
    invalid, and also argued that the arbitrator’s decision was irrational and exceeded the
    arbitrator’s authority. In response, the union moved to confirm the award.
    -5-
    After a hearing, the trial justice issued a written decision denying the housing
    authority’s motion to vacate the arbitration award and granting the union’s motion
    to confirm the award. First, the trial justice concluded that the CBA was valid and
    that therefore the grievance was substantively arbitrable. The trial justice also
    confirmed the arbitrator’s award on the merits of the grievance. The trial justice
    then awarded attorneys’ fees to the union, as the prevailing party, pursuant to
    § 28-9-18(c). The trial justice entered final judgment in favor of the union, and the
    housing authority timely appealed.
    Issues Presented
    Before this Court, the housing authority argues that the trial justice committed
    reversible error in denying the motion to vacate the arbitration award pursuant to
    § 28-9-18. The housing authority does not challenge the trial justice’s decision with
    respect to the merits of the arbitrator’s award in favor of the grievant. Rather, the
    housing authority assigns multiple errors to the trial justice’s determination that the
    CBA was an enforceable agreement and that the presumption of substantive
    arbitrability applied.
    For its part, the union maintains that the record establishes that the parties had
    a valid agreement to arbitrate and that, thus, the grievance was substantively
    arbitrable. The union highlights the procedural travel of the dispute in support of its
    argument that the trial justice correctly denied the housing authority’s motion to
    -6-
    vacate, granted the union’s motion to confirm, and awarded attorneys’ fees to the
    union as the prevailing party. The union asks us to affirm the judgment and remand
    the case to the Superior Court for the determination of an award of attorneys’ fees
    and costs to the union for defending this matter on appeal before this Court.
    Standard of Review
    “Public policy favors the finality of arbitration awards, and such awards enjoy
    a presumption of validity.” State, Department of Corrections v. Rhode Island
    Brotherhood of Correctional Officers, 
    64 A.3d 734
    , 739 (R.I. 2013) (quoting
    Cumberland Teachers Association v. Cumberland School Committee, 
    45 A.3d 1188
    ,
    1191 (R.I. 2012)); see School Committee of City of Pawtucket v. Pawtucket Teachers
    Alliance AFT Local 930, 
    120 R.I. 810
    , 815, 
    390 A.2d 386
    , 389 (1978); see also
    AT&T Technologies, Inc. v. Communications Workers of America, 
    475 U.S. 643
    ,
    650 (1986); United Steelworkers of America v. Warrior and Gulf Navigation
    Company, 
    363 U.S. 574
    , 582-83 (1960); School Committee of Town of North
    Kingstown v. Crouch, 
    808 A.2d 1074
    , 1078 (R.I. 2002). It is therefore “well settled
    that, in the typical case, the judiciary’s role in the arbitration process is limited.”
    Providence Teachers’ Union Local 958, AFT, AFL-CIO v. Hemond, 
    227 A.3d 486
    ,
    490 (R.I. 2020) (quoting Providence School Board v. Providence Teachers Union,
    Local 958, AFT, AFL-CIO, 
    68 A.3d 505
    , 508 (R.I. 2013)).
    -7-
    “Generally, ‘absent a manifest disregard of a contractual provision or a
    completely irrational result,’ the award of an arbitrator will be upheld.” State
    (Department of Administration) v. Rhode Island Council 94, A.F.S.C.M.E., AFL-
    CIO, Local 2409, 
    925 A.2d 939
    , 944 (R.I. 2007) (brackets omitted) (quoting
    Providence Teachers Union v. Providence School Board, 
    725 A.2d 282
    , 283 (R.I.
    1999)). “A court therefore may not reconsider the merits of an award despite
    allegations that it rests upon errors of fact or on a misinterpretation of the contract.”
    Rhode Island Council 94, AFSCME, AFL-CIO v. State, 
    714 A.2d 584
    , 588 (R.I.
    1998).
    However, this Court reviews de novo whether a dispute is arbitrable. E.g.,
    State, Department of Corrections v. Rhode Island Brotherhood of Correctional
    Officers, 
    866 A.2d 1241
    , 1247 (R.I. 2005). Any question about the meaning of a
    statute is also reviewed de novo. E.g., Olamuyiwa v. Zebra Atlantek, Inc., 
    45 A.3d 527
    , 533 (R.I. 2012).
    Analysis
    Section 28-9-18(a) provides the limited statutory grounds for vacating an
    arbitration award:
    “(1) When the award was procured by fraud.
    “(2) Where the arbitrator or arbitrators exceeded their
    powers, or so imperfectly executed them, that a mutual,
    final, and definite award upon the subject matter submitted
    was not made.
    -8-
    “(3) If there was no valid submission or contract, and the
    objection has been raised under the conditions set forth in
    § 28-9-13.”
    The housing authority does not allege that the arbitrator’s award was procured
    by fraud, nor does it dispute the arbitrator’s finding that the substance of the
    grievance is arbitrable according to the terms of the CBA. Rather, the housing
    authority asserts, as it did before both the arbitrator and the Superior Court, that the
    CBA was unenforceable at the time the union sought arbitration of the grievance
    because (1) HUD failed to ratify the CBA, or, alternatively, (2) the CBA expired
    prior to the grievant’s termination in May 2015. Thus, the gravamen of the housing
    authority’s arbitrability challenge is the assertion that the parties did not have a valid
    agreement to arbitrate the grievance.
    As this Court explained in Providence Teachers Union v. Providence School
    Committee, 
    440 A.2d 124
     (R.I. 1982), “[§] 28-9-18 requires the court to vacate
    arbitration awards * * * when the ‘submission or contract’ was not valid and an
    objection to the validity was timely made under § 28-9-13.” Providence Teachers
    Union, 
    440 A.2d at 126
     (emphasis added).
    Section 28-9-13, titled “Validity of arbitration without judicial order—
    Grounds for attack,” states, in pertinent part:
    “An award shall be valid and enforceable according to its
    terms and under the provisions of this chapter without
    previous adjudication of the existence of a submission or
    -9-
    contract to arbitrate, subject to the provisions of this
    section:
    “(1) A party who has participated in any of the
    proceedings before the arbitrator or arbitrators may
    object to the confirmation of the award only on one or
    more of the grounds specified in this section, provided that
    he or she did not continue with the arbitration with notice
    of the facts or defects on which his or her objection is
    based, because of a failure to comply with § 28-9-8 or with
    § 28-9-10, or because of the improper manner of the
    selection of the arbitrators.
    “(2) A party who has not participated in any of the
    proceedings before the arbitrator or arbitrators and who
    has not made or been served with an application to compel
    arbitration under § 28-9-5 may also put in issue the making
    of the contract or submission or the failure to comply with
    it, either by a motion for a stay of the arbitration or in
    opposition to the confirmation of the award. * * * The
    arbitration hearing shall be adjourned upon service of the
    notice pending the determination of the motion. Where the
    opposing party, either on a motion for a stay or in
    opposition to the confirmation of an award, sets forth
    evidentiary facts raising a substantial issue as to the
    making of the contract or submission or the failure to
    comply with it, an immediate trial of the issue shall be had.
    * * *.” (Emphasis added.)
    Section 28-9-13 establishes a presumption of validity of arbitration
    proceedings and the resulting awards, subject to certain limitations. In the absence
    of a prior adjudication of the existence of an agreement to arbitrate, § 28-9-13(1)
    authorizes a party who has participated in arbitration proceedings to raise the validity
    of the agreement and object to the award where (1) the arbitration was not conducted
    according to § 28-9-8, which prescribes requirements for providing a time and place
    - 10 -
    for the hearing, and notice thereof; (2) the arbitrator did not take the oath of
    arbitrators and the parties did not waive their objection pursuant to § 28-9-10; or
    (3) the arbitrator was improperly selected.
    Significantly, however, § 28-9-13(1) curtails the ability of a party who has
    participated in arbitration proceedings to object to the award in circumstances where
    the party “continue[d] with the arbitration with notice of the facts or defects on which
    [the party’s] objection is based[.]” See Providence Teachers Union v. Providence
    School Board, 
    689 A.2d 388
    , 391 (R.I. 1997) (examining § 28-9-13 and noting
    proviso that an objecting party “not continue with the arbitration with notice of the
    facts or defects upon which his or objection is based”) (quoting § 28-9-13(1)).
    By contrast, § 28-9-13(2) authorizes a party who has not participated in
    arbitration proceedings to challenge “the making of the contract” in circumstances
    where the party did not receive notice of a motion to compel arbitration pursuant to
    § 28-9-5 or otherwise submit to an adjudication of the existence of a contract to
    arbitrate. See Providence Teachers Union, 
    689 A.2d at 391
     (examining § 28-9-13(2)
    and explaining that it bars a party that did not participate in arbitration proceedings
    from contesting the validity of an agreement to arbitrate only if that party received
    notice of the arbitration proceedings as enumerated under that subsection). A party
    who meets these criteria retains the ability to pursue adjudication of that challenge
    through “an immediate trial of the issue[.]” Section 28-9-13(2).
    - 11 -
    In the instant case, despite the housing authority’s continued assertion that the
    parties’ agreement to arbitrate was invalid, there is no evidence that the housing
    authority sought adjudication of the issue of the validity of the CBA, by way of a
    motion to stay arbitration proceedings, before participating in the arbitration
    proceedings. Nor is there evidence in the record that the housing authority declined
    to participate in the arbitration proceedings, which would have allowed the union to
    seek an order compelling such participation pursuant to § 28-9-5. Cf. Operative
    Plasterers’ and Cement Masons’ International Association, Local 40 v. Contracting
    Plasterers of Rhode Island, 
    619 A.2d 838
    , 839 (R.I. 1993) (reversing the trial
    justice’s order compelling the defendants to participate in arbitration proceedings
    pursuant to a collective bargaining agreement because there was no agreement to
    arbitrate); Prima Paint Corporation v. Flood & Conklin Mfg. Co., 
    388 U.S. 395
    ,
    403-04 (1967) (reviewing the United States Arbitration Act of 1925 and explaining
    that an adjudication of the validity of an agreement to arbitrate occurs pursuant to a
    party’s motion to compel arbitration and before arbitration proceedings); Radiation
    Oncology Associates, Inc. v. Roger Williams Hospital, 
    899 A.2d 511
    , 513, 514-16
    (R.I. 2006) (affirming the trial justice’s order denying the plaintiffs’ motion to
    appoint an arbitrator pursuant to the Rhode Island Arbitration Act and granting the
    defendant’s motion to enjoin arbitration where “strong and specific language of [the
    contract’s] expiration provision limited the reach of * * * the arbitration clause”).
    - 12 -
    Instead, the housing authority appeared before the arbitrator, offered the CBA as a
    joint exhibit, and submitted the question of substantive arbitrability for the
    arbitrator’s consideration. One consequence of choosing this procedural path was
    to limit the grounds upon which the housing authority could rely when subsequently
    objecting to the validity of the CBA. See § 28-9-13(1) (limiting grounds for objection
    to confirmation of an arbitration award to the “failure to comply with § 28-9-8 or
    with § 28-9-10, or because of the improper manner of the selection of the
    arbitrators”).
    The housing authority seeks to divert attention from the consequence of this
    choice by focusing instead on principles of contract law and arguing that, because
    the union was the party seeking to enforce the CBA before the arbitrator, it was the
    union that had, and has, the burden of proving the existence of an enforceable
    contract.
    However, the housing authority’s reliance on principles of contract law is
    inapposite; the provisions of the arbitration statutes control this analysis. See
    Hemond, 227 A.3d at 490 (explaining that the provisions of chapter 9 of title 28 of
    the general laws govern judicial review of an arbitration provision contained in a
    contract between an employer and a labor union). Compare Radiation Oncology
    Associates, Inc., 
    899 A.2d at 514
     (stating, in the context of adjudicating the existence
    of an agreement to arbitrate, that general rules of contract construction apply to the
    - 13 -
    question of whether the parties agreed to arbitrate), with § 28-9-13 (“An award shall
    be valid and enforceable according to its terms and under the provisions of this
    chapter without previous adjudication of the existence of a submission or contract to
    arbitrate, subject to the provisions of this section[.]”). The language of § 28-9-13
    plainly provides that the party objecting to the validity of an agreement to arbitrate
    bears the burden of “set[ting] forth evidentiary facts raising a substantial issue as to
    the making of the contract or submission or the failure to comply with it[.]” Section
    28-9-13(2).
    A party who seeks an order vacating an arbitration award on the grounds that
    the arbitrator exceeded their powers, pursuant to § 28-9-18(a)(2), also bears the
    burden of demonstrating entitlement to relief. See Feibelman v. F.O., Inc., 
    604 A.2d 344
    , 345 (R.I. 1992) (“[W]hen a party claims that the arbitrators have exceeded their
    authority, the claimant bears the burden of proving this contention[.]”) (quoting
    Coventry Teachers’ Alliance v. Coventry School Committee, 
    417 A.2d 886
    , 888 (R.I.
    1980)).
    The housing authority has contested the validity of the agreement to arbitrate
    since March 1, 2016. Consequently, it was the housing authority that bore the burden
    of setting forth facts in support of its claim, either by developing a record before the
    arbitrator or by invoking the jurisdiction of the Superior Court and seeking
    adjudication of the validity of the agreement to arbitrate in a timely manner. See
    - 14 -
    § 28-9-13(2). It did not do so, and that failure limited not only the grounds upon
    which the housing authority may rely in seeking judicial review, but also the record
    on review as this Court evaluates whether the Superior Court erred in denying the
    housing authority’s motion to vacate the arbitration award. See § 28-9-13(1)
    (enumerating the three circumstances in which a party who has participated in
    arbitration may challenge the validity of an agreement to arbitrate); Rhode Island
    Council 94, AFSCME, AFL-CIO, 
    714 A.2d at 588
     (stating that, when reviewing a
    decision on a motion to confirm or to vacate an arbitration award, this Court defers
    to the arbitrator’s findings of fact). The housing authority may not now benefit from
    the absence of evidence that it created, particularly in light of the otherwise facial
    validity of the agreement to arbitrate.
    Mindful that “it is the arbitrator’s view of the facts and of the meaning of the
    contract that [the parties] have agreed to accept[,]” Rhode Island Council 94,
    AFSCME, AFL-CIO, 
    714 A.2d at 588
     (quoting United Paperworkers International
    Union, AFL-CIO v. Misco, Inc., 
    484 U.S. 29
    , 37-38 (1987)), this Court accepts the
    arbitrator’s findings and conclusions regarding the validity of the CBA, both with
    respect to which party had the obligation to secure ratification by HUD and whether
    the CBA had expired prior to the housing authority’s termination of the grievant in
    May 2015.
    - 15 -
    A review of the proceedings before the arbitrator reveals that the housing
    authority joined the union in submitting the CBA as a joint exhibit at the arbitration
    proceedings; the housing authority thereafter presented no evidence regarding
    ratification by HUD or the effect of the HUD ratification provision in the absence of
    such ratification. Again, the arbitrator nevertheless found evidentiary support for
    the proposition that the housing authority was in contact with HUD and, thus,
    inferred that the housing authority was in the position to obtain ratification. The
    arbitrator further found that the evidence demonstrated that the housing authority
    acted as though the CBA was indeed valid; the housing authority complied with the
    CBA’s terms and conditions at least until May 26, 2015, by paying contractually
    designated salaries to its employees pursuant to the CBA.
    Moreover, the arbitrator also found that the CBA was effective during the
    events of the grievant’s employment dispute because the CBA had automatically
    renewed for an additional year, until December 31, 2015, in accordance with the
    provisions of Section 40.1. The housing authority terminated the grievant in May
    2015, and the union timely requested arbitration on June 30, 2015; the grievant’s
    claim therefore arose well before the renewed expiration date of December 31, 2015.
    Before both this Court and the trial justice, the housing authority argued that
    Section 40.1 of the CBA is an indefinite renewal clause that violates the three-year
    term limit established by G.L. 1956 § 28-9.4-5; however, the housing authority did
    - 16 -
    not raise this contention before the arbitrator and therefore it has waived that
    argument. See Lemerise v. Commerce Insurance Company, 
    137 A.3d 696
    , 704 (R.I.
    2016) (holding that the defendant waived any argument concerning application of
    Massachusetts law because the question had not been submitted to the arbitrator).
    Furthermore, we unequivocally reject the housing authority’s attempt to
    introduce a letter that it characterizes as “indisputable evidence” that the union
    provided the 120-day written notice as required in Section 40.1 of the CBA, thus
    precluding automatic renewal. This Court is not a fact-finding body, and we review
    only the record that is certified pursuant to the Supreme Court Rules of Appellate
    Procedure. See Art. I, Rule 10 of the Supreme Court Rules (“Except as otherwise
    provided in subsection (c) [relating to proceedings pending in the Superior Court,
    Family Court, or District Court], the papers and exhibits filed in the trial court and
    the transcript of proceedings or electronic sound recordings thereof, if any, shall
    constitute the record on appeal in all cases.”). Additionally, the housing authority
    did not seek, nor did we grant, leave to present new evidence on appeal. Therefore,
    the proffered letter is not properly before us, and we will not consider it in our
    analysis. See G.L. 1956 § 9-24-10 (“No new testimony shall be presented to the
    [S]upreme [C]ourt on appeal, but in case of accident or mistake, or erroneous ruling
    excluding evidence in the [S]uperior [C]ourt, the [S]upreme [C]ourt may grant leave
    - 17 -
    to parties to present further evidence, and may provide by general rule or special
    order for the taking of such evidence.”).
    Applying §§ 28-9-13 and 28-9-18(a) to the facts at hand, as we must, it is clear
    to us that the housing authority severely limited the arguments it could bring and
    impacted its burden of proof by first challenging the validity of the CBA at
    arbitration. Thus, from the evidence and contentions that the housing authority
    submitted to the trial justice, we, on the record before us, perceive no error in the
    trial justice’s decision denying the housing authority’s motion to vacate the
    arbitration award. Additionally, because we accept the arbitrator’s findings that the
    parties had a valid agreement to arbitrate, we need not reach the housing authority’s
    remaining arguments on appeal.
    Attorneys’ Fees and Costs
    The union requests that this Court remand the case for determination of the
    attorneys’ fees and costs incurred in defending the housing authority’s appeal before
    this Court, citing to § 28-9-18(c) and this Court’s opinion in Gannon v. City of
    Pawtucket, 
    200 A.3d 1074
     (R.I. 2019) (affirming a trial justice’s award of attorneys’
    fees and costs pursuant to § 28-9-18(c)).
    The union has not provided meaningful briefing before this Court on the
    applicability of § 28-9-18(c). We therefore decline to reach the issue. See Wilkinson
    v. State Crime Laboratory Commission, 
    788 A.2d 1129
    , 1131 n.1 (R.I. 2002)
    - 18 -
    (“Simply stating an issue for appellate review, without a meaningful discussion
    thereof or legal briefing of the issues, does not assist the Court in focusing on the
    legal questions raised, and therefore constitutes a waiver of that issue.”).
    Conclusion
    For the foregoing reasons, we affirm the judgment of the Superior Court and
    remand the record to the Superior Court.
    - 19 -
    STATE OF RHODE ISLAND
    SUPREME COURT – CLERK’S OFFICE
    Licht Judicial Complex
    250 Benefit Street
    Providence, RI 02903
    OPINION COVER SHEET
    West Warwick Housing Authority v. RI Council 94,
    Title of Case
    AFSCME, AFL-CIO.
    No. 2020-21-Appeal.
    Case Number
    (KM 16-747)
    Date Opinion Filed                   July 1, 2022
    Suttell, C.J., Goldberg, Robinson, Lynch Prata, and
    Justices
    Long, JJ.
    Written By                           Associate Justice Melissa A. Long
    Source of Appeal                     Kent County Superior Court
    Judicial Officer from Lower Court    Associate Justice Richard A. Licht
    For Plaintiff:
    Timothy C. Cavazza, Esq.
    Attorney(s) on Appeal
    For Defendant:
    Carly Beauvais Iafrate, Esq.
    SU-CMS-02A (revised June 2020)
    

Document Info

Docket Number: 20-21

Filed Date: 7/1/2022

Precedential Status: Precedential

Modified Date: 7/1/2022

Authorities (17)

Olamuyiwa v. Zebra Atlantek, Inc. , 2012 R.I. LEXIS 80 ( 2012 )

United Steelworkers v. Warrior & Gulf Navigation Co. , 80 S. Ct. 1347 ( 1960 )

Cumberland Teachers Ass'n v. Cumberland School Committee , 2012 R.I. LEXIS 101 ( 2012 )

School Committee of North Kingstown v. Crouch , 2002 R.I. LEXIS 195 ( 2002 )

School Committee of Pawtucket v. Pawtucket Teachers ... , 120 R.I. 810 ( 1978 )

RI Council 94, Afscme, Afl-Cio v. State , 1998 R.I. LEXIS 223 ( 1998 )

Feibelman v. F.O., Inc. , 1992 R.I. LEXIS 73 ( 1992 )

Providence Teachers Union v. Providence School Board , 1999 R.I. LEXIS 42 ( 1999 )

Coventry Teachers' Alliance v. Coventry School Committee , 1980 R.I. LEXIS 1721 ( 1980 )

State (Department of Administration) v. Rhode Island ... , 2007 R.I. LEXIS 80 ( 2007 )

Providence Teachers Union v. Providence School Committee , 1982 R.I. LEXIS 785 ( 1982 )

Operative Plasterers'and Cement Masons'international Ass'n, ... , 1993 R.I. LEXIS 31 ( 1993 )

Providence Teachers Union v. Providence School Board , 1997 R.I. LEXIS 30 ( 1997 )

United Paperworkers International Union v. Misco, Inc. , 108 S. Ct. 364 ( 1987 )

State, Department of Corrections v. Rhode Island ... , 866 A.2d 1241 ( 2005 )

Wilkinson v. State Crime Laboratory Commission , 2002 R.I. LEXIS 20 ( 2002 )

Radiation Oncology Associates, Inc. v. Roger Williams ... , 2006 R.I. LEXIS 114 ( 2006 )

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