Judge Rules For City in Former Highway Director's Resignation Dispute

Superior Court Judge Bennett R. Gallo has ruled for Woonsocket Thursday in a dispute with former Highway Superintendent Robert Harnois, who agreed in 2010 to resign to avoid getting fired, then attempted a union dispute over losing the job. 

In May of 2010 Harnois agreed to resign his position in exchange for the city's withdrawal of a pending termination for cause, according to a release from Mayor Leo Fontaine's office.

The settlement agreement was offered by representatives of Local 3851 of Council 94 AFSCME, according to both Fontaine's release and court records.

Following the agreement, Harnois submitted his resignation May 19, 2010. The city subsequently withdrew its termination letter. As a result of the settlement, the union withdrew its grievance as well.

A report from the Woonsocket Call notes Harnois had worked for the DPW for 15 years before being appointed Highway Director in 2008. During his time as a worker and supervisor, he'd been a source of controversy, named in a 2001 civil suit against the city as a user of offensive language, then as a defendant in a 2010 suit for similar complaints.

In the 2010 termination letter, then Director of Public Works Michael Annarummo listed seven reasons for Harnois' termination:

1) Conducting private affairs on city time

2) Assigning public employees to perform private work

3) Negligently damaging a city vehicle

4) Failing to report alleged drug use during city time by one of his employees.

5) Not reporting an employee's suspended CDL license.

6) Giving city property to an individual without authority.

7) Committing battery on a city employee.

The Woonsocket Call reports the battery charge concerned an accusation from an employee that Harnois conducted an illegal strip search on him. WPRI.com interviewed Harnois at the time of the accusation. Harnois said he only brushed the man on the leg with the back of his hand, demonstrating in the video.

"Though we have always been confident in our position, we accepted Mr. Harnois’ resignation as part of the union’s proposed settlement in good faith to avoid expensive arbitration and possible litigation," Fontaine said in the release.

But six months later, in October 2010, the city received word that the union had filed for arbitration on the grievance — which they'd formally withdrawn. The union contended that the resignation was made under duress and that the termination (which in effect had never happened) had been wrongful.

The city filed in court to enjoin the union from arbitrating the matter, and the court halted the pending arbitration on April 26, 2011, issuing a temporary restraining order in favor of the city on May 6, 2011.

During the hearing on the case, the city's attorney, Joseph S. Larisa Esq., argued that pursuant to the collective bargaining agreement, a grievance that was rescinded and withdrawn could not proceed to arbitration.  

Gallo agreed Thursday, March 14, 2013, ruling in the city's favor.

"Any issue Mr. Harnois has with the subject grievance is between him and the union - not the city. Both union representatives testified under oath that they had full authority from Mr. Harnois to enter into the settlement with the City and thus fully authority to withdraw the subject grievance," according to the decision.  

“I am very pleased that the Judge, having seen all the facts in this matter, has ruled in our favor," Fontaine wrote, "Though personnel matters can often be difficult, we had to protect the city’s interests and could not sit back and allow someone to unilaterally undo the very settlement that they proposed. It is truly reassuring that the court agreed with us. I am hopeful that having now put this matter behind us, we can all stay focused on the truly critical issues confronting our city.”