“the right and power of the Board to retain or dismiss probationary teachers is a substantive and crucial aspect of the Board’s general authority to oversee the educational system in its district”
How later courts described this case
- “the right and power of the Board to retain or dismiss probationary teachers is a substantive and crucial aspect of the Board’s general authority to oversee the educational system in its district”
- “[i]n this situation, the probationary teacher is not discharged or dismissed so much as she is not asked to enter into continued contractual service”
Written by the judges who cited it.
The opinion
Mr. JUSTICE STOUDER, specially concurring:
I agree with the result reached by the majority since the terms of the collective bargaining agreement do not clearly indicate the parties intended to submit the issue of probationary teacher dismissal to binding arbitration. For this reason I believe it is unnecessary to decide whether the board has the legal authority to agree to submit the issue to binding arbitration. Accordingly, I neither agree nor disagree with the disposition of that issue.