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Arbitration in the Boston Schools

Michael Robert Vannata, University of Massachusetts Amherst

Abstract

The study of arbitration in the Boston Schools is an analysis of teacher grievance arbitration cases during the period 1980-1989. The research comes from the case files of the Boston Schools, the Boston Teachers' Union and the American Arbitration Association (AAA) and represents all the cases which have proceeded to arbitration for resolution during a nine year period. The study is designed to coincide with the three union contracts commencing 1 September 1980 and ending 31 August 1989, with a three year term for each contract. The major causes of grievance arbitration during the period were found in the areas of (1) appointment and assignment of teachers (36% of the cases); (2) teacher compensation and pay (27%); (3) working conditions regarding class size and assignment of students (12%); (4) teacher discipline issues (11%); (5) the performance and evaluation of teachers (6%); and (6) actions taken by management without notice to the union (5%). Of the 90 cases which were awarded by arbitration during the period, those awarded in favor of the union numbered 53 (59%) and 37 (41%) favored the school committee. In a review of the cases in the Boston Schools it was concluded that the grievances were generally caused by: an outright violation of the school contract; a disagreement over contract language; a disagreement over the way the contract was implemented; disputes over fairness and reasonableness of management actions; or the enforcement of an administrative decision. Arbitration allows both sides some protection. If the contract was violated by the administration and the rights of teachers have been wronged, or if a teacher has violated the rules, the arbitrator will affirm the rights entitled to the individual teacher or that of the school. Arbitrators will impose discipline on both parties to the contract. Union and school bargaining and the adversarial positions played by both parties continues to dominate public education. The process of teacher grievance definition and any resultant arbitration is considered a rational and effective method for resolving confrontational issues. Arbitration is the preferred method of resolution because of its benefits in lower costs and speedy resolution of disagreements. Arbitration has made a lasting imprint upon the public education system in the United States (US) and will be an important part of school administration. This process will continue to play an important role in the management of education reform.

Subject Area

Educational administration|Labor relations

Recommended Citation

Vannata, Michael Robert, "Arbitration in the Boston Schools" (1994). Doctoral Dissertations Available from Proquest. AAI9420697.
https://scholarworks.umass.edu/dissertations/AAI9420697

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