University of Hawaii Professional Assembly v. University of Hawaii

This is the second case we decide today involving arbitration disputes at the University of Hawaii. For the reasons expressed below, we hold that although it is within an arbitrator’s power to grant tenure and back pay to a grievant, a rehearing by the arbitrator is needed in this case to determine whether the appointing University officials’ decision was arbitrary or capricious.

I

Alice Daeufer, an Assistant Specialist in the College of Continuing Education and Community Service, applied for tenure on November 14, 1977. Both the Director of Extended Programs (Daeufer’s Department Chairman) and…