MASSACHUSETTS COMMUNITY COLLEGE COUNCIL v. MASSACHUSETTS BOARD OF HIGHER EDUCATION

No. SJC-11250.

465 Mass. 791 (2013)

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

Supreme Judicial Court of Massachusetts, Suffolk.

July 12, 2013.


Attorney(s) appearing for the Case

Will Evans for the plaintiff.

Carol Wolff Fallon for the defendant.

Deirdre Heatwole & Joseph Ambash , for University of Massachusetts, amicus curiae, submitted a brief.

James B. Cox , Special Assistant Attorney General, & Alison Little Sabatello , for Bridgewater State University & others, amici curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.


BOTSFORD, J.

The plaintiff, Massachusetts Community College Council (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...

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