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binding arbitration.
Bloomer later explained that binding arbitration was included in the State Board's mandated grievance procedure in 1976. Under this procedure, a teacher who was unable to satisfactorily resolve what she or he felt was an unfair application of School Board policy could appeal first to the principal, then Superintendent of schools, then School Board and finally to an arbitration panel. The decision of the panel—composed of one representative appointed by the teacher, one by the School Board and one off of a list from the American Arbitration Association, if the other two members are unable to agree on a third, impartial member—was final and binding.
Recently, the Virginia Supreme Court held this procedure to be an illegal deliegation of School Board authority and ruled that the State Board of Education cannot impose binding arbitration on local school boards. As a result, binding arbitration has been stricken from the state’s mandated policy.
Advisory Arbitration
In the place of binding arbitration, the State Board has proposed that teachers with a grievance first try resolution with the principal, then Superintendent before appealing to an arbitration board. The board, with the same membership as the old binding arbitration panel, would be advisory only. The final decision, under the new proposed procedure, would rest with the local School Board.
Bloomer noted that grievance procedures are rarely involked by teachers.
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