Bd. of Educ. v. Howard County Educ. Ass'n
Annotate this CaseA local public school superintendent decided to terminate a school nurse, who was a “noncertificated” employee. The school nurse challenged her termination by way of a grievance process set forth in a collective bargaining agreement (CBA) between the school board and a union. The superintendent denied the grievance, asserting that the termination was an illegal subject of collective bargaining. The union, on behalf of the school nurse, made a demand for arbitration. The school board filed a motion for injunctive relief seeking to enjoin the arbitration. The Maryland State Board of Education (State Board) and the Public School Labor Relations Board (PSLRB) both issued opinions in the matter. The circuit court affirmed the decision of the State Board, which concluded that the binding arbitration provision of the CBA was illegal, and reversed the decision of the PSLRB, which came to the opposite conclusion. The court of special appeals reversed, holding that the PSLRB was the entity with the jurisdiction to resolve the dispute. The Supreme Court affirmed, holding that the termination of a noncertificated employee is a proper subject of binding arbitration pursuant to a collective bargaining agreement.
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