The authority of arbitrators in state university faculty tenure and promotion cases is limited, but arbitration is not illegal per se. In four separate cases revolving around the same facts, the collective bargaining agreement provisions that called for arbitration of grievances were challenged as illegal in that they violated the statute which prevents a public employer from contracting away its right to promote or reclassify employees. The grievances also challenged the authority of an arbitrator in such cases, it was determined that: 1) arbitration of the faculty tenure grievances was allowable; 2) where the collective bargaining agreement permitted arbitrators to grant or deny tenure, but did not empower them to convene a special committee to perform that task, the award of an arbitrator who impaneled a special tenure review committee must be vacated; and 3) arbitrators do not have the authority to determine what qualifications apply in facuty promotion grievances.
University of Hawaii Professional Assembly v. University of Hawaii (4 cases), 659 P.2d 717, 720, 729, and 7:32 (Haw. 1983).