Henrikson Files New Suit Against Fire District, Firefighters Union

East Greenwich Fire District employee Kristin Henrikson filed a second suit against the district and the firefighters union late last week, this time in state court.

Henrikson, chief clerk for the Fire District, is married to Fire Chief Peter Henrikson.

In the new complaint, the EGFD and the union are accused of failing to provide Henrikson with fair representation. Unions are required to provide what’s known as “fair representation” of all union members — to represent all employees fairly, in good faith, and without discrimination.

According to the complaint, the union failed to represent Henrikson after the district refused to transfer Henrikson from her clerk position to that of firefighter “in accordance with the collective bargaining agreement.”

Henrikson’s lawyer, William Conley, said the new suit makes a different claim than the one filed in federal court last September. In that case, Henrikson said that she was discriminated against when she was not offered a firefighter’s position in 2009.

In May 2009, Henrikson wanted to be considered for a firefighter position. She was at the time two weeks away from completing a final EMT class needed for firefighter eligibility. When she heard about an open firefighter position, she asked then-Fire Chief John McKenna to wait to fill the position for those two weeks, according to the federal complaint. However, the Fire Commissioners voted to move ahead with the hiring process; they picked the next name on the new recruit list.

Also according to the federal complaint, union representatives told Henrikson in June 2009 they wanted her to go through the union rather than the chief with regard to vacant positions. They also told her they did not think she met the qualifications for the position.

At issue was whether or not Henrikson was a “new hire” in the role of firefighter. New hires must complete a written test, perform a ladder climb and swim test and participate in an oral board examination to be qualified for the firefighter position. Henrikson argued that she is not a “new hire,” having already been employed by the District as a clerk.

When Henrikson asked to be placed on the new hire list in July 2009, McKenna said no, telling her she must complete the same requirements as a new hire. She then filed a grievance with the union. The Fire Commissioners weighed in during a November meeting, voting against Henrikson’s transfer to a firefighter position.

The union did not take action.

Conley said the new lawsuit was based on new information. "To essentially role them into a single cause of action would lead to confusion of the issues," he said of the two suits.

He noted that the new state court lawsuit did not name McKenna, the former fire chief.

Lawyer Jim Murphy, who is representing the Fire District in the lawsuits, said, he didn't see the new state court suit as "fundamentally different" from the federal court suit.

"It is unusual and we’re looking at preparing an appropriate response," Murphy said.