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City of Cranston v. International Brotherhood of Police Officers2/11/2005
rsue this grievance under the ." Finally, Denaco concluded that "the City violated the collective bargaining agreement . . . by enacting Ordinance 03-33 which, in turn, repealed Ordinance 96-54. As a remedy for the breach, Arbitrator Denaco ordered, "The City shall restore benefits to and make whole any employees or other persons who lost benefits as the result of the . . . repeal of Ordinance 96-54 . . . ."
The City proceeded to file a Complaint in the Nature of an Application pursuant to § 28-9-18 to Vacate and Stay Arbitrator Denaco's Award as well as a Motion to Stay the implementation of the Denaco Award until such time as this Court rules on the City's Complaint. On April 14, 2004, this Court entered an Order staying the implementation of the Denaco Award pending its ruling on the merits of the City's appeal.
STANDARD OF REVIEW
Judicial authority to review or vacate an arbitration award is limited. Rhode Island Council 94, AFSCME, AFL-CIO v. State, 714 A.2d 584, 587 (R.I. 1998). An arbitration award may be vacated when the arbitrator manifestly disregarded the law or the contract, or when the arbitration award was completely irrational. Prudential Property and Casualty Insurance Co. v. Flynn, 687 A.2d 440, 442 (1996). As long as the award "draws its essence" from the contract and is based upon a "passably plausible" interpretation of the contract, it is within the arbitrator's authority, and not subject to vacation by the Court. Jacinto v. Egan, 391 A.2d 1173 (R.I. 1978). Grounds for vacating an award are provided by statute in § 28-9-18.
"(a) In any of the following cases the court must make an order vacating the award, upon the application of any party to the controversy which was arbitrated:
(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.
(3) If there was no valid submission or contract, and the objection has been raised under the conditions set forth in § 28-9-13.
(b) A motion to vacate, modify, or correct an arbitrator's award shall not be entertained by the court unless the award is first implemented by the party seeking its vacation, modification, or correction; provided, the court, upon sufficient cause shown, may order the stay of the award or any part of it upon circumstances and conditions which it may prescribe.
(c) If the motion to vacate, modify, or correct an arbitrator's award is denied, the moving party shall pay the costs and reasonable attorneys' fees of the prevailing party."
An arbitrator may exceed his or her powers, thereby requiring a court to vacate an arbitration award that fails to "draw its essence" from the collective bargaining agreement or is not based upon a "passably plausible" interpretation of the same. R.I. Brotherhood of Correctional Officers, 707 A.2d 1229, 1234. Therefore, a court may vacate an award where the arbitrator manifestly disregarded a contractual provision, reached an irrational result, R.I. Council 94, AFSCME, AFL-CIO, 714 A.2d at 588, disregarded clear-cut contractual language, or attributed to the language "a meaning that is other than that which is plainly expressed." State v. R.I. Employment Security Alliance, Local 401, 840 A.2d 1093, 1096.
A party asserting that the arbitrator has exceeded his or her authority bears the burden of proving this contention. Coventry Teachers' Alliance v. Coventry Sch. Comm., 417 A.2d 886, 888 (R.I. 1980). In such a case, "every reasonable presumption in favor of the award will be made." Id. Furthermo
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