A teacher does not have the right to challenge his dismissal under the grievance and arbitration procedure, and just cause standard, in a Teachers collective bargaining agreement (“CBA”). Rather, the appeal is limited to arbitration pursuant to M.G.L. c. 71, section 42, which limits an arbitrator’s ability to overturn a dismissal if the Employer proves [...]
The Appeals Court in Town of Swansea v. Swansea Coalition of Police Local 220, MCOP, affirmed a Superior Court decision vacating an arbitrator’s award which had reduced a police officer’s dismissal to a 90-day suspension. Arbitrator Arnold Marrow’s award violated public policy because the officer’s conduct as found by the arbitrator constituted a felony. The [...]
The superior court chastises the Civil Service Commission in Town of Maynard v. Civil Service Commission, for demonstrating “a complete lack of recognition” that the power to impose penalties belongs to the Town.