Justia Labor & Employment Law Opinion Summaries

Petitioners Matthew Kennedy and the Hinsdale Federation of Teachers appealed the decision of the New Hampshire Employee Labor Relations Board (PELRB) that denied their unfair labor practice claims against Respondent, the Hinsdale School District (District). Mr. Kennedy was a music teacher for about ten years and a member of the teachers' union. The District and Union were parties to a collective bargaining agreement (CBA) that contained a grievance procedure that provided for binding arbitration. The only matters excluded from the grievance procedure were management prerogatives and teacher non-renewals. Citing a lack of student participation, the District notified Mr. Kennedy that it would not renew his contract. Before the 2009-2010 school year, the District eliminated the Hinsdale band program and entered into an agreement with Brattleboro High School where interested students from Hinsdale could participate in Brattleboro's music offerings. Petitioners filed an unfair labor practice complaint with the PELRB alleging multiple violations of the CBA. The PELRB dismissed Petitioners' claims. On appeal to the Supreme Court, Petitioners argued that the District illegally outsourced its band program to Brattleboro, and challenged the District's reasons for its "reduction-in-force" claim. The Supreme Court could not conclude that the PELRB's decision was erroneous or that it was unjust or unreasonable. Accordingly, the Court affirmed the PELRB's decision to dismiss Petitioners' complaint.

Respondent Judith McGann was terminated as superintendent of Petitioner School Administrative Unit #44 (SAU). During the evidentiary portion of the SAU Board's termination hearing, SAU called an expert witness. Ms. McGann requested access to the expert's file. The moderator of the hearing denied Ms. McGann's request. Following the hearing, the Board voted to terminate Ms. McGann. On appeal to the Board of Education, Ms. McGann argued that the SAU violated her due process rights by denying her access to the expert's records. The Board ordered SAU to produce the expert's work file, and recommended that the SAU's decision be vacated and remanded for a new hearing. The SAU sought review of the State Board of Education's decision ordering it to produce the expert's file. The Supreme Court noted that due process requirements for binding administrative procedures are quite different from those binding judicial procedures. The Court did not find that the SAU Board violated Ms. McGann's constitutional due process rights in the course of the termination hearing. The Court found that the Board gave Ms. McGann "extensive opportunity" to meaningfully cross-examine the expert despite not having his file. The Court dismissed Ms. McGann's appeal, reversed the Board's order to produce the expert's file, and affirmed the SAU's decision to terminate Ms. McGann's employment as superintendent.