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01/27/76 BOARD EDUCATION NAPOLEON SCHOOL DISTRICT

January 27, 1976

BOARD OF EDUCATION OF NAPOLEON SCHOOL DISTRICT
v.
ANDERSON



Appeal from Jackson, Russell E. Noble, J.

Leave to appeal applied for.

McGregor, P. J., and T. M. Burns and N. J. Kaufman, JJ.

SYLLABUS BY THE COURT

1. Labor Relations -- Collective Bargaining -- Arbitration Clauses -- Exclusion -- Express Exclusion -- Forceful Evidence.

A grievance is arbitrable under a collective bargaining agreement unless an express provision of the agreement excludes the particular grievance from arbitration or the agreement contains the most forceful evidence of a purpose to exclude the claim from arbitration.

2. Labor Relations -- Collective Bargaining -- Arbitration -- Positive Assurance -- Differing Interpretation.

There is not the most forceful evidence of a purpose to exclude a claim from arbitration under a collective bargaining agreement where the court cannot say with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute.

3. Arbitration and Award -- Arbitration Clauses -- Courts -- Interpretation -- Agreement -- Pros and Cons.

The question for a court interpreting an arbitration clause is not whether one interpretation or another is correct, but whether the parties have agreed that an arbitrator shall decide which of the competing parties is correct; where the court finds itself weighing the pros and cons of each party's interpretation of substantive provisions of a contract, it is likely that the court has gone astray.

4. Arbitration and Award -- Arbitration Clauses -- Exclusion of Dispute -- Express Exclusion -- Burden.

The burden is on the party who would exclude a matter from a general arbitration clause to do so expressly and explicitly.

The opinion of the court was delivered by: Mcgregor

Complaint by the Board of Education of Napoleon School District against Donald Anderson, the Napoleon Education Association, and M. David Keefe, to set aside a labor arbitrator's award. Judgment for plaintiff, vacating the award. Defendants appeal.

The defendant, Donald Anderson, had been employed by the Napoleon School District as a school teacher and, as such, was a member of the Napoleon Education Association. He had also served as a coach for the football and wrestling teams at the school. In 1972, defendant Anderson was informed that he would not be rehired as a football or wrestling coach for the coming school year 1972-1973. After being so notified, Anderson filed a written grievance ...


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