953 N.E.2d 236
Mass. App. Ct.2011Background
- In June 2007, Chicopee high school teacher Gary Sroka was terminated for improper sick-day use and insubordinate conduct.
- Sroka, represented by the Chicopee Education Association, grieved the dismissal to arbitration under the collective bargaining agreement.
- Arbitrator reinstated Sroka; the school committee sought to vacate the award, which a Superior Court judge denied, confirming the award.
- Sroka had a history of disciplinary issues and mental health concerns, including ADHD accommodation, depression, and later bipolar II disorder.
- The May 2007 events included Sroka protesting a school event, signaling insubordination, and leaving class; he later returned to protest perimeters and ultimately was placed on leave and terminated.
- The arbitrator found just cause existed for the two conduct issues but reinstated due to the severity of the punishment and possible ADA accommodations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did arbitrator exceed powers under statute and contract? | Sroka | Sroka | Award vacated; arbitrator exceeded statutory authority |
| Does G. L. c. 71, § 42 govern review of teacher dismissals independent of the collective bargaining agreement? | School committee | Association | Statute supersedes contract; arbitrator must apply § 42 standards |
| Should the award be vacated on public policy grounds? | School committee | Association | Court did not reach public policy issue; vacatur based on authority |
Key Cases Cited
- School Dist. of Beverly v. Geller, 435 Mass. 223 (Mass. 2001) (statutory limits on arbitrator authority in teacher dismissal; not limited by contract)
- School Comm. of Lowell v. Robishaw, 456 Mass. 653 (Mass. 2010) (arbiter review scope and deference; caution against de novo reassessment)
- Plymouth-Carver Regional Sch. Dist. v. J. Farmer & Co., 407 Mass. 1007 (Mass. 1990) (limits of arbitral determinations in public education)
- Geller, 435 Mass. 223, 435 Mass. 223 (Mass. 2001) (plurality on § 42 authority and review context)
- Waltham Educators Assn. v. Waltham, 398 Mass. 703 (Mass. 1986) (arbitration review standards and scope)
- Vong Oung (Lowell v. Vong Oung), 72 Mass. App. Ct. 698 (Mass. App. Ct. 2008) (arbitral review limits under § 42 within appellate context)