Opinion · Massachusetts Supreme Judicial Court
School District of Beverly v. Geller
435 Mass. 223
- Type
- Opinion
- Court
- Massachusetts Supreme Judicial Court
- Jurisdiction
- Massachusetts
- Date
- 2001-10-05
- Topic
- international-arbitration
finding that employee engaged in conduct unbecoming teacher despite award’s lack of specific language to that effect, based on findings made in award | summarizing cases where CBAs list reasons for dismissal and using the terms “just cause,” “proper cause,” “cause” and “grounds” interchangeably | vacating arbitration award where arbitrator reinstated teacher who had used physical force against students | “arbitrator exceeds his authority if he ignores the plain language of the [collective bargaining agreement]” | “narrow scope of judicial review reflects a strong public policy favoring arbitration” | responsibility for interpreting statute and arbitrator’s authority thereunder remains with court
Citator
- Cited by
- 33 opinions
The judgment of the Superior Court upholding the arbitration award is vacated.1 The matter is recommitted to the arbitrator for further proceedings.
So ordered.
Separate opinions of Justice Cordy, with whom Chief Justice Marshall and Justice Sosman join; Justice Ireland, with whom Justice Cordy joins; and Justice Cowin, with whom Justice Gre-aney and Justice Spina join.
We acknowledge an amicus brief filed by the Massachusetts Association of School Superintendents and one on behalf of Massachusetts Teachers Association/NEA; Massachusetts Federation of Teachers, AFT, AFL-CIO; Council 93, American Federation of State, County and Municipal Employees, AFL-CIO; and Massachusetts AFL-CIO.