Summary of Arbitration Awards Issued Pursuant to General Laws Chapter 71

Summary of Arbitration Awards
Issued Pursuant to General Laws Chapter 71 And Related Judicial Decisions

1. Introduction
2. Description of Awards
   1. Teacher Dismissals Pursuant to Section 42
   2. Supervisor Dismissals or Demotions Pursuant to Section 41
   3. Employee Suspensions Pursuant to Sections 42D and 42
   4. Teacher Lay-offs Pursuant to Section 42
   5. Procedural and Arbitrability Issues
3. Judicial Decisions

II. Description of Awards

E. Procedural and Arbitrability Issues ⁹

General Laws c. 71, § 41, provides, in part:

For the purposes of this section, a teacher, school librarian, school adjustment counselor, school social worker or school psychologist who has served in the public schools of a school district for the three previous consecutive school years shall be considered a teacher, and shall be entitled to professional teacher status as provided in section forty-two.

General Laws c. 71, § 42, provides, in part:

(2) A teacher who has been teaching in a school system for at least ninety days calendar days shall not be dismissed unless he has been furnished with written notice of intent to dismiss and with an explanation of the grounds for the dismissal in sufficient detail to permit the teacher to respond and documents relating to the grounds for dismissal, and if he so requests, has been given a reasonable opportunity within ten school days after receiving such written notice to review the decision with the principal or the superintendent, as the case may be, and to present information pertaining to the bases for the decision and to the teacher's status. . . . .

(3) A teacher with professional teacher status may seek review of a dismissal decision within thirty days after receiving notice of his dismissal by filing a petition for arbitration with the commissioner . . . . .