New York Public Personnel Law: The school board rather than an arbitrator makes ultimate decision regarding tenure

December 26, 2011

The school board rather than an arbitrator makes ultimate decision regarding tenure

The school board rather than an arbitrator makes ultimate decision regarding tenure

Liverpool Faculty Association v. Liverpool Central School District, 52 N.Y.2d 1038

The New York State Court of Appeals has ruled that although the arbitrator had interpreted a collective bargaining agreement to limit the district superintendent’s power concerning tenure recommendations, the authority of the School Board to make the ultimate decision to grant or withhold tenure was not in any way impaired.

The decision of the arbitrator was not violative of public policy as set forth in Sections 2509, 2573, 3012 and 6212 of the Education Law according to the Court.

The award did not interfere with the decision-making powers of the School Board although it did require the District to retain the probationary teacher for an additional year so that her performance could be evaluated as provided in the contract.

The court noted that a different conclusion might result if the case involved a city having a population of 400,000 or more as the recommendations of a district superintendent regarding tenure in such a situation are binding on the School Board (Section 2573, Education Law).

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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.