 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State2/25/2005
BA in such a way that it contravenes state law or other public policies that are not subject to alteration by arbitration. See State Department of Mental Health, Retardation, and Hospitals v. Rhode Island Council 94, A.F.S.C.M.E., AFL-CIO, 692 A.2d 318, 321-22 (R.I. 1997) (vacating arbitration award when arbitrator exceeded his powers because the dispute was nonarbitrable and the submission of the dispute to arbitration constituted an unlawful usurpation of statutory authority).
Recognizing that "the role of the judiciary in the arbitration process is 'extremely limited,'" Purvis Systems, Inc. v. American Systems Corp., 788 A.2d 1112, 1114 (R.I. 2002), we are nevertheless of the opinion that in this case the arbitrator reached an irrational result, and impermissibly substituted his judgment for that of the director for reasons hereinafter set forth.
"Bootlegged" Towels
At the commencement of the arbitration hearings RIBCO filed a motion in limine to prohibit introduction of any evidence that had been suppressed in the criminal proceedings. The arbitrator properly denied the motion and permitted the state to submit evidence of the items seized in February 1993. Among the items seized was a large garbage bag containing fourteen towels marked "Prop. of MHRH" and a plastic bag containing bedspreads or blankets, also signifying MHRH's proprietary interest.
At the arbitration hearing George H. Truman, Jr., the former associate director of Food Services at the DOC, testified that Mr. Algasso was assigned to the Center Kitchen Facility at the ACI complex. He indicated that a corridor led from the kitchen building to the MHRH laundry room. The corridor had been blocked off, but the boards "were basically loose, and we would routinely go in there * * * o borrow towels and things they use for cleaning in the kitchen." He further testified that although DOC personnel never were given permission to take the towels, they would "barter" with nurses for them "because nothing cleans up better in a kitchen than terry cloth." Consequently, kitchen personnel would "bootleg" them from the laundry. However, he said, "there is no established procedure that would entitle employees to take them home for personal use; because there's not even a policy or an entitlement to use them in the kitchen, never mind take them home."
Michael P. Rigney, the DOC supervisor for Food Services and Mr. Algasso's immediate supervisor, explained that the towels were used for rags and potholders. They were often used when stewards were required to use their own vehicles to transport food to various DOC facilities. Dampened towels also were used to keep certain foods, such as cooked turkeys, moist during transportation.
Mr. Algasso's testimony was consistent with that of his supervisors. Although denying that he ever procured towels directly from the MHRH laundry, he acknowledged that they were available in the kitchen facility and used for food preparation, carrying pans, and washing cars. He also testified that he used the MHRH blankets when he would spend the night on ACI grounds because of snowstorms. On such occasions he would sleep in his van "because there was the rats in there, the mice, the cats and cockroaches."
In his award, the arbitrator said, "it is reasonable to conclude that employees engaged in extensive and long-term 'bootlegging' of what was property belonging to another State department." Yet he went on to determine that, although " n an ideal world," Mr. Algasso should have returned the towels, his acquisition of the items fell short of theft. The arbitrator reasoned that even though Mr. Algasso clearly possessed state property, this did not amount
Page 1 2 3 4 5 6 7 8 9 10 11 Rhode Island DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|