Two Federal Civil Rights lawsuits filed against the town and police union after officers were threatened for questioning why 13% of paycheck was being sent to union

Westerly, Rhode Island (July 28, 2015) – Five part-time police officers in Westerly, RI have filed a Civil Rights lawsuit against the Town of Westerly, several town officials, and International Brotherhood of Police Officers Local 503 (Local 503) in U.S. District Court. The plaintiffs are receiving free legal aid from the National Right to Work Foundation.

Thomas Cimalore, Anthony Falcone, Scott Ferrigno, Darrell Koza, and Raymond Morrone, brought the suit and seek declaratory, injunctive, and monetary relief because a portion of every paycheck (at a rate of $5 an hour) is being confiscated by the town and paid directly to Local 503.

The lawsuit alleges that the plaintiffs’ First, Fifth, and Fourteenth Amendment rights (and other state labor and whistle blower protection statues) are violated when they are forced, as a condition of employment, to financially support Local 503 despite never authorizing or requesting that the town withhold a portion of their paycheck and distribute those funds to Local 503.

Because Rhode Island lacks a Right to Work law, and is a forced-unionism state, workers who choose not to join a union can still be forced to pay fees to union bosses as a condition of employment if they labor under a union-imposed contract. However, these 5 part-time officers are not only nonmembers; they are not even represented under Local 503’s monopoly bargaining agreement with the Town of Westerly. Despite that, a clause in the union contract specifically states that, although not covered by the agreement, part-time officers are required to pay a fee to Local 503.

The deductions began about the beginning of April 2014. After noticing the deductions, the officers brought them to the attention of the town’s payroll department. On July 29, 2014, some of the officers met with the Chief of Police, Edward St. Clair, to express their concerns about the unconstitutional and illegal clause in the agreement between the town and Local 503. The complaint alleges that when the officers told St. Clair they planned to publicly speak out, St. Clair admonished them, noting that as part-time officers they could easily be replaced.

In November 2014, the Town revised its “Detail Assignment System” which it uses to allocate all “private duty” assignments (all part-time officers only work private duty). The pay for private duty is 38 dollars an hour. The system was revised in such a manner that it diminished plaintiffs’ hours and pay. The timing and circumstances of the revision caused the officers to allege the revision was retaliation by the town for their questioning the illegal forced fee arrangement.

Moreover, on December 4, 2014, plaintiff Darrell Koza was fired with neither notice nor a hearing. In addition to the five officers’ lawsuit, Koza has filed a separate suit alleging that his termination was illegal retaliation for publicly speaking out against the illegal scheme.

“In an elaborate and blatantly unconstitutional scheme, union bosses and bureaucrats joined forces to confiscate 13% of every paycheck from hardworking part-time police officers,” said Mark Mix, President of the National Right to Work Foundation.

“These five individuals simply wanted to serve their community; instead they are forced to subsidize the special interests of union bosses who do not even represent them. The scheme itself is outrageous, but it is just as shameful that, when these officers asked questions about why their rights were being violated, they also found themselves subject to threats and retaliation,” continued Mix.

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, assists thousands of employees in about 200 cases nationwide per year.