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STATE, DEPT. OF MENTAL HEALTH, RETARDATION, AND HOSPITALS v. RHODE ISLAND COUNCIL

No. 95-535-APPEAL.

692 A.2d 318 (1997)

STATE of Rhode Island, DEPARTMENT OF MENTAL HEALTH, RETARDATION, AND HOSPITALS v. RHODE ISLAND COUNCIL 94, A.F.S.C.M.E., AFL-CIO RHODE ISLAND COUNCIL 94, A.F.S.C.M.E., AFL-CIO v. STATE of Rhode Island, DEPARTMENT OF MENTAL HEALTH, RETARDATION, AND HOSPITALS.

Supreme Court of Rhode Island.

April 4, 1997.

Attorney(s) appearing for the Case

Gerard P. Cobleigh, Warwick, for Plaintiff.

John Breguet, Cranston, for Defendant.

Before LEDERBERG, BOURCIER and FLANDERS, JJ.

OPINION

FLANDERS, Justice.

Can a department of state government bargain away its statutory responsibility to provide for the health and safety of its disabled, custodial patients by agreeing to arbitrate whether certain of its health-care employees (who are paid to look after these patients) can decide for themselves how many consecutive hours they will work when the state needs overtime help? In the circumstances of these consolidated cases,...

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