Friday, October 26, 2012

Labor Arbitration in the News-Teachers

Arbitrator Sarah Kerr Garraty has upheld a grievance filed on behalf of a teacher accused of slapping a student on the hand. bangordailynews.com:Arbitrator overturns RSU 67 suspension of second grade teacher. The arbitrator found the school board failed to establish that the manner in which the grievant touched the student's hand amounted to "a very serious breach of [her] responsibilities" as the school board had alleged. The arbitrator also found unsupported a claim that the grievant had threatened a student when she said, in a joking manner according to her, "If you kick me again I'll cut off your leg and hit you over the head with it."  The award is available here.

The Spokane, Washington Spokesman-Review reports on an award denying the grievance of a teacher who had been terminated after admitting having sex with a former student in his classroom. The incident took place on Memorial Day weekend when the school was closed. Fired teacher loses arbitration. According to the report, the arbitrator concluded that restoring grievant to his teaching position could harm the reputation of the school district.

Arbitrator Lawrence Little has modified the discipline imposed on a Libby, Montana high school teacher who had been terminated for allegedly sharing prescription drugs with another individual at a bar. Grievant had a prescription for oxycontin and allegedly shared pills with a police informant. Curtiss wins arbitration; may soon return. According to the report, the arbitrator concluded some discipline was warranted, but the school board failed to establish that termination was appropriate.

Jeffrey Zaino of the American Arbitration Association has authored an article in The Chief discussing the controversy over the teacher arbitration program established by the New York City Department of Education and the United Federation of Teachers. Why Labor Arbitration Works, Despite Critics

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