beverlyvgeller

**Geller**
(MA SJC, 2001)

__Facts:__ The SJC vacated a judgment of the Superior Court upholding an arbitrator’s order to reinstate a teacher (P) with PTS whom the district had dismissed for conduct unbecoming a teacher, based on physical and verbal abuse of students on 3 occasions. The arbitrator found no just cause for the dismissal, after conducting an analysis weighing the teacher’s 20-plus years of good performance against the incidents of misconduct. The school district (D) appealed to the Superior Court, which upheld the arbitration award. The Appeals Court reversed that judgment. In a plurality opinion, three justices concluded that if an arbitrator finds that one of the enumerated grounds for dismissal has been proved, the arbitrator may not substitute his judgment of what the penalty should be for that of the school district.

__Issues/Answers:__ Does a court have the authority to overturn an arbitrator’s reinstatement of a fired public school teacher? Yes.

__Basis/Rationale:__ Legal Basis – Public Policy Ratonale – School children must be protected from physical abuse.