County Superior Court
Plaintiff: Robert M. Duffy, Esq.; William K. Wray, Jr., Esq.
Defendant: Carly Beauvais Iafrate, Esq.; Elizabeth A. Wiens,
pending motions compel the Court to determine who will decide
whether the City of Cranston (the City or Cranston) must
arbitrate an employment dispute with defendants Daniel W.
Nuey, Sr. (Nuey), and the International Brotherhood of Police
Officers, Local 301 (the Union). Jurisdiction is pursuant to
G.L. 1956 §§ 8-2-13 and 9-30-1.
was once an active sergeant in the Cranston police force. On
June 25, 2013, he left work early, and filed for
injured-on-duty (IOD) benefits. These benefits, provided by
statute and the collective-bargaining agreement (CBA) between
the Union and the City, "provide greater
work-related-injury benefits to certain public employees
whose jobs require them to serve the state or its
municipalities, often in dangerous situations."
Labbadia v. State, 513 A.2d 18, 21 (R.I. 1986).
19, 2016, Nuey completed and submitted an application to the
Employees' Retirement System of Rhode Island (ERSRI)
seeking ordinary and accidental disability retirement under
the Municipal Employees' Retirement System. On March 15,
2017, ERSRI granted Nuey's ordinary disability retirement
application, but denied his accidental disability retirement
application. See Ex. 2 to Pl.'s Mot. Stay 4.
March 21, 2017, Nuey sent a letter to Cranston Mayor Allan W.
Fung and the City Council (the Letter). In relevant part, the
"On March 15, 2017, I was awarded an 'Ordinary
Disability' after being denied an 'Accidental
Disability' by the RI State Retirement Board. As a
result, I am requesting the City to award the difference in
pension benefits equaling 66 2/3% as stated in the City of
Cranston Municipal Code section 2.20.080, entitled
'Injured on Duty Pension Disability Entitlement.'
"Therefore, I respectfully request to be put on the
City's pension roll effective end of day immediately upon
the passage of this request, in accordance with the Police
Department Pension Ordinance and contract language.
"With these terms in mind, please let this serve as
notice of my retirement from the Cranston Police Department
as of end of day immediately following the passage of this
request and ask to be placed on the City Council Docket for
the March 27th date of council meeting PRIOR to
requested retirement meeting. Thank you." Ex. 3 to
Pl.'s Mot. Stay.
Municipal Code section 2.20.080, as referenced in the Letter,
provides a disabled police officer awarded an ordinary
disability pension but not an accidental disability pension a
monetary benefit to ...