When a school board improperly discharges a probationary teacher in violation of a collective bargaining agreement, an arbitrator may order reinstatement. But what if that reinstatement automatically qualifies that person for tenure or if the arbitrator orders the granting of tenure? A procedural error by a school board could then result in an undesirable teacher receiving tenure. Courts in various stales have faced this problem in different ways. In Illinois, an arbitrator may not order reinstatement at all. Courts in New York and Massachusetts allow the arbitrator to reinstate the teacher without tenure for further evaluation, but do not permit the arbitrator to grant tenure. In Oregon, the decision is left to the arbitrator. Thus, procedures have been developed to allow due for probationary teachers who are discharged, without allowing them to attain tenure as the result of a mistake by their school boards.