Arbitration review - Case Study Example

During the year, Mr. John Schleifer, who is the assistant superintendent for secondary school education and acting on behalf of the district superintendent for education, decided to offer both seventh and eighth grade science in summer schools. He only did this on condition that the school followed the FAST program and its teachers trained in FAST program. Consequently, a middle school tutor for middle school who is trained in FAST made an application to teach seventh and eighth grade in summer school and was hired.

The teacher is scheduled to begin teaching the two classes. The grievant was not hired to the position for lack of the necessary training, which is the FAST training. The other teacher is trained in the FAST program and was employed since the relevant agreement required the District to employ an individual in possession of the required qualification to teach in the summer school. Issues The parties agreed to arbitrate on issues relating the dismissal of the grievant. The issue here is whether the grievant’s dismissal was conducted in accordance to the set guidelines on employment and dismissal.

Background and evidence The material facts of the issues are not in dispute. The evidence presented shows that the District employed another teacher who is not the grievant for a position to teach seventh grade and eighth grade in the summer school. . vant who is a fifth grade teacher had been appointed by the District to teach seventh and eighth grade classes at summer school prior to her dismissal because there was no other qualified teacher for that position. At the time of her employment, no qualified applicants applied for the position.

The District, on the other hand, maintains that the grievant was previously employed to the position in the past because there was no other qualified applicant to take the position. The District relies on the regulation that gives it the mandate to employ teachers with professional qualifications in the regular schools as summer school teachers. This regulation also provides that the District can only employ non-bargaining unit teacher as summer school teachers when there are no qualified teachers to hold the position applied.

An appointment, in this regard, is a onetime appointment for regularly employed members. The agreement further provides that the Superintendent reserves the right to direct the work of employees, hire, demote, assign, transfer, demote and retain employees. Additionally the superintendent determines the methods, means and the personnel who conduct operations. The grievant, on the other hand, asserts that an earlier arbitration decision should apply to the current issue. The arbitration decision is approximately ten years old and involves a grievance between the Union and the District regarding an issue where the District failed to reappoint a social studies department chairperson.

The chairperson whom the District failed to reappoint had held the position for a number of years through annual reappointments. The school principal consequently decided to appoint another applicant to the position denying the applicant the opportunity to continue serving as a