Massachusetts Community College Council v. Massachusetts Board of Higher Education

The plaintiff, Massachusetts Community College *792Council (union), and the defendant, Massachusetts Board of Higher Education/Roxbury Community College (college), were parties to a collective bargaining agreement (agreement) containing a provision that “[t]he granting or failure to grant tenure shall be arbitrable but any award is not binding.” After a professor, who was a member of the union, was denied tenure at the college, the union submitted his grievance to arbitration. An arbitrator concluded that the college violated the terms of the agreement, and ordered as a remedy that the professor…