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The Rhode Island Supreme Court affirmed dismissal of a terminated firefighter's motion to vacate an arbitration award, holding he lacked standing because the union was the exclusive bargaining agent and party to the arbitration, and affirmed the award of attorneys' fees to the city.
The plaintiff, Sean Gannon, appealed from orders of the Superior Court relating his motion to vacate an arbitration award issued in connection with the termination of his employment as a firefighter by the defendant, the City of Pawtucket, in November 2013. Following the termination, the local firefighters' union brought a grievance against the city on Gannon's behalf, which was arbitrated pursuant to the firefighters' collective bargaining agreement. An arbitrator found in favor of the city, and Gannon, on his own behalf, filed a motion in Superior Court to vacate the arbitration award. A hearing justice denied Gannon's motion to substitute the union as a plaintiff, granted the city's motion to dismiss Gannon's motion to vacate the arbitration award, and awarded the city reasonable costs and attorneys' fees. The Supreme Court held that Gannon did not have standing to challenge the arbitration decision on his own behalf, and that the hearing justice properly denied Gannon's motion to substitute the union as a plaintiff because the motion would not have related back to the original filing and was therefore not timely. Accordingly, the Court affirmed the orders of the Superior Court denying Gannon's motion to amend, dismissing his motion to vacate the arbitration award, and awarding reasonable costs and attorneys' fees.
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