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SCHOOL COMMITTEE OF LOWELL v. ROBISHAW

SJC-10512

456 Mass. 653 (2010)

SCHOOL COMMITTEE OF LOWELL v. PHANNA KEM ROBISHAW.

Supreme Judicial Court of Massachusetts, Middlesex.

May 4, 2010.

Attorney(s) appearing for the Case

Srinivas Ramineni (Christy C. Fujio with him) for the defendant.

James P. Hall (Raymond T. Weicker with him) for the plaintiff.

James L. Messenger, Ruth T. Dowling, & Stephanie A. Bruce, for Asian American Legal Defense and Education Fund & others, amici curiae, submitted a brief.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

BOTSFORD, J.

An arbitrator found that the school committee of Lowell (school committee) did not establish just cause to terminate the employment of Phanna Kem Robishaw, a first-grade teacher dismissed for failure to demonstrate satisfactory English fluency. Thereafter, a judge in the Superior Court granted the school committee's application to vacate the arbitrator's award pursuant to G. L. c. 150C, §§ 11 and 12, concluding that the arbitrator's decision...

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