Appeals Court: SPENCER-EAST BROOKFIELD REG. SCH. DIST. vs. TEACHERS ASSOCIATION

KeywordsSchool and School Committee, Arbitration, Collective bargaining, Termination of employment. Arbitration, School committee, Collective bargaining. Public Employment, Collective bargaining, Termination. Education Reform Act. Practice, Civil, Stay of proceedings, Moot case.

The Appeals Court affirmed a decision of the Superior Court which had stayed a grievance arbitration proceeding commenced by the association before the Department of Labor Relations (DLR). The association had argued that the arbitration became moot once the teacher involved withdrew his grievance and that the matter should have been dismissed. The association had also argued that the teacher had an absolute right to arbitrate an alleged collective bargaining agreement violation that preceded his termination.  The association maintained that it is irrelevant that the teacher did not have professional teacher status, that he had been employed for less than ninety days, and that reinstatement was the remedy being sought.  Click here for the full text of the Appeals Court’s decision.

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