Legal Opinion

Massachusetts Community College Council v. Massachusetts Board of Higher Education

Massachusetts Appeals Court

Decided April 6, 2012No. 11-P-576PublishedCited by 1 opinion

1Opinion of the CourtKantrowitz, J.

In this case, involving a tenure decision at a local community college, we take the words written in the collective bargaining agreement that “[t]he granting or failure to grant tenure shall be arbitrable but any award is not binding” at their face value. As such, the decision of the arbitrator to reinstate the professor and order another tenure review was an advisory one and not binding upon the college.

Background. The Massachusetts Board of Higher Education/ Roxbury Community College (college) appeals a decision confirming an arbitration award issued to the Massachusetts Community College…

2Cases cited9 opinions

  1. City of Lynn v. ThompsonMassachusetts Supreme Judicial Court · 2001
  2. School Committee of Danvers v. TymanMassachusetts Supreme Judicial Court · 1977
  3. Boston Teachers Union v. School CommitteeMassachusetts Supreme Judicial Court · 1982
  4. Lexington Insurance v. All Regions Chemical Labs, Inc.Massachusetts Supreme Judicial Court · 1995
  5. Berkowitz v. President & Fellows of Harvard CollegeMassachusetts Appeals Court · 2003

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3Cited by1 opinion

  1. Massachusetts Community College Council v. Massachusetts Board of Higher EducationMassachusetts Supreme Judicial Court · 2013

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