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06/13/83 MATTER ARBITRATION NICOLET HIGH SCHOOL

June 13, 1983

IN THE MATTER OF ARBITRATION: NICOLET HIGH SCHOOL DISTRICT, MOVANT-RESPONDENT,
v.
NICOLET EDUCATION ASSOCIATION, APPELLANT



Appeal from an order of the Circuit Court for Milwaukee County: William A. Jennaro, Judge.

Petition to Review Granted.

Wedemeyer, P.j., Decker and Moser, JJ.

The opinion of the court was delivered by: Decker

We determine that the arbitrator's award overturning the school board's decision not to renew the teaching contract of June Domoe for the school year 1981-82 exceeded his powers and affirm the circuit court's order vacating the arbitrator's award.

The Nicolet High School Board (board), after giving notice to June Domoe, decided not to renew her contract for the school year 1981-82. Nicolet Education Association (association) filed a grievance with the board on behalf of Domoe pursuant to the collective bargaining agreement between the board and the association.

At a board hearing on May 26 and 27, 1981, extensive evidence was introduced by the parties to the hearing and upon such evidence the school board again decided that:

there is good and sufficient cause, in accordance with Article XVII of the Collective Bargaining Agreement, for non-renewal of June Domoe's contract for the 1981-82 school year. Specifically, Mrs. Domoe's teaching performance in the classroom, including both her classroom management and her instructional skills, has been unsatisfactory. Accordingly, the grievance protesting the non-renewal is denied.

The union thereafter submitted the matter to arbitration pursuant to the following provisions of the collective bargaining agreement:

If a grievance is submitted to arbitration by the Association, the Association and the District shall jointly request the Wisconsin Employment Relations Commission to appoint a member of its staff as arbitrator for such grievance.

The sole function of the arbitrator shall be to determine whether or not the rights of a teacher have been violated by the District contrary to an express provision of this Agreement. The arbitrator shall have no authority to add to, subtract from, or modify this Agreement in any way. The arbitrator shall have no authority to impose liability upon the District arising out of facts occurring before the effective date or after the termination of this Agreement. A decision of an arbitrator within the scope of his authority shall be final and binding upon the District, the Association and the Teachers.

The arbitrator was appointed by the Wisconsin Employment Relations Commission and the stipulated issue submitted to the arbitrator was:

Under the Collective Bargaining Agreement, which is in evidence as Joint Exhibit No. 1, what Disposition should be made of the grievance of Mrs. Domoe, which is in evidence as Joint Exhibit 7?

Pursuant to sec. 111.10, Stats., the arbitration is governed by ch. 788, Stats.

The arbitrator sustained the grievance and ordered the board to reinstate Domoe and compensate her for lost teaching earnings less her interim earnings elsewhere. The circuit court denied the association's motion to confirm the award and ...


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