U.S. appeals court: union.Rhode Island Rhode Island, island, United States Rhode Island, island, 15 mi (24 km) long and 5 mi (8 km) wide, S R.I., at the entrance to Narragansett Bay. It is the largest island in the state, with steep cliffs and excellent beaches. Broth., Correct. Offic. v. Rhode Isl., 357 F.3d 42 (1st Cir. 2004). A union representing state corrections officers sued state officials, challenging the amendment to an incentive pay statute that changed the method of compensating officers who amassed education credits, from a percentage of pay to a flat rate. The district court dismissed the case for failure to state a claim Within a judicial forum, the failure to present sufficient facts which, if taken as true, would indicate that any violation of law occurred or that the claimant is entitled to a legal remedy. Failure to state a claim is frequently raised as a defense in civil litigation. , and the appeals court affirmed. The appeals court found that the obligation to maintain the status quo [Latin, The existing state of things at any given date.] Status quo ante bellum means the state of things before the war. The status quo to be preserved by a preliminary injunction is the last actual, peaceable, uncontested status which preceded the pending controversy. under a collective bargaining agreement The contractual agreement between an employer and a Labor Union that governs wages, hours, and working conditions for employees and which can be enforced against both the employer and the union for failure to comply with its terms. , that mirrored the percentage pay terms of the original statute, did not serve as an alternative basis for an impairment of contract claim. (Rhode Island Brotherhood of Correctional Officers, Rhode Island Department of Corrections) |
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