 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Board of Higher Education v. Massachusette Teachers Association9/15/2004
Essex.
February 12, 2004
Education, Public colleges and universities. Arbitration, Authority of arbitrator, Collective bargaining. Public Employment, Collective bargaining. Labor, Arbitration, Collective bargaining, Public employment. School and School Committee, Arbitration, Collective bargaining, Termination of employment.
Civil action commenced in the Superior Court Department on April 27, 2001.
The case was heard by Nancy Staffier, J.
An arbitrator determined that Salem State College (college) violated its collective bargaining agreement when it terminated Adeleke Atewologun (Atewologun) from teaching in its Division of Graduate and Continuing Education (DGCE) for the spring, 2000, semester, and indefinitely suspended him from teaching in the DGCE thereafter. The arbitrator's award required, inter alia, that the college restore Atewologun's eligibility for appointment to teach in the DGCE. A judge of the Superior Court vacated the award on the basis that the arbitrator had exceeded his authority. The Massachusetts Teachers Association (association) appeals from the amended judgment of the Superior Court vacating the arbitration award. We reverse.
Background
The college is a public institution of higher learning in the Commonwealth. G. L. c. 15A, § 5. In addition to its daytime undergraduate program, the college offers evening courses in the DGCE. See G. L. c. 15A, § 26. The college and the association are parties to a collective bargaining agreement (agreement) that governs the terms and conditions of employment in the DGCE.
Atewologun was hired by the college in the fall of 1987. He taught as a full-time day faculty member in the political science department and also taught courses in the DGCE program. In order to be eligible to teach in the DGCE, Atewologun had to be included in the designated continuing education pool of faculty candidates, and he had to be recommended by the DGCE chair for appointment to teach in the DGCE prior to the commencement of an instructional period.
Atewologun had been appointed to teach in the DGCE for the spring, 2000, semester. On January 26, 1999, a student submitted a written complaint to the college alleging that Atewologun had sexually harassed her. On March 23, 1999, another student wrote to the college also alleging that Atewologun had sexually harassed her. Both students filed lawsuits against the college and Atewologun. The president of the college, Nancy Harrington (Harrington), in a letter dated December 3, 1999, informed Atewologun that it had been "credibly asserted" to her that he had "engaged in recent weeks . . . in a course of purposeful conduct that has had as it evident purpose to embarrass, harass, and intimidate" one of the students who had filed a complaint of harassment. Harrington directed Atewologun to cease all contact with the student.
In a second letter, dated January 13, 2000, Harrington informed Atewologun that, in order to conduct an investigation of the alleged harassment, she had decided "to place on leave, with pay, immediately and until further notice, and to relieve during that leave of all responsibilities as a full-time member of the faculty." Harrington further stated, "I have also instructed the Division of Graduate and Continuing Education to refrain from offering you any appointments to teach within the Division during the pendency of your leave." Atewologun did not teach in the DGCE during the spring, 2000, semester, nor has he taught in or received compensation from the DGCE program thereafter.
In a letter dated January 27, 2000, the association requested information from the colleg
Page 1 2 3 4 5 6 Massachusetts Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|