Originally from Dispute Resolution Journal

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TEACHERS - ARBITRABILITY - TENURE NOT SUBJECT TO ARBITRATION

Where a probationary teacher was terminated before the last year of probation, the grievance arbitration provision was held not to encompass review of the School Board's decision. The grievant argued that the fact that the arbitration clause explicitly excluded the question of denial of tenure did not bar arbitration of a dismissal before the year in which tenure could be granted. The Appellate Division, affirming the court below, reasoned that the grievant's interpretation would bar only those teachers denied tenure after three years from arbitration but not those dismissed before three years. The court found the conclusion "inescapable" that the agreement precludes any probationary teacher from arbitrating a dismissal, since the legal effect, in all cases, is the denial of tenure which is a specific execption to the arbitration clause.