MASSACHUSETTS COMMUNITY COLLEGE COUNCIL v. MASSACHUSETTS BOARD OF HIGHER EDUCATION

No. 11-P-576.

81 Mass. App. Ct. 554 (2012)

MASSACHUSETTS COMMUNITY COLLEGE COUNCIL v. MASSACHUSETTS BOARD OF HIGHER EDUCATION/ROXBURY COMMUNITY COLLEGE.

Appeals Court of Massachusetts, Suffolk.

April 6, 2012.


Attorney(s) appearing for the Case

Carol Wolff Fallon for the defendant.

Will Evans for the plaintiff.

Present: KANTROWITZ, FECTEAU, & CARHART, JJ.


KANTROWITZ, 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...

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