Levenson says he seeks unused vacation pay, not severance
  With Superintendent Nate Levenson gone and a permanent interim
superintendent in place, questions have been raised about whether his replacement can, on her own, end the arbitration of fired Ottoson
teacher Chuck Coughlin and whether Levenson has retained an attorney to negotiate a severance package. Two key sources have discounted both claims.
In a telephone interview Sept. 28, Levenson said he is not seeking a
severance. "I am seeking nothing but unused vacation pay," he said.
He said he has hired an attorney for the purpose of speaking with Alan Miller, the attorney who represents the School Committee, about any remaining issues from his tenure.
Asked directly why he resigned, Levenson declined to go beyond the public statement issued Aug. 7.
As to whether a superintendent's authority extends to ending an arbitration, YourArlington asked Glenn Koocher, executive director of the Massachusetts Association of School Committees (MASC), to address the issue.
In a telephone interview Sept. 24, Koocher declined to speak to the Arlington arbitration case specifically. Instead, he spoke generally about the rules governing arbitration and the authority of school officials. In essence, he said, a superintendent does not have the authority to end an arbitration.
He laid out the following general points to consider:
-- Arbitration is a function of collective bargaining, which is defined by Chapter 150E of the Massachusetts General Laws.
-- The School Committee is the employer of record for collective bargaining.
-- Teacher union contracts often contain a binding arbitration process for disputes. (State law includes further information about termination in a process overseen by the state (* See text at end).
-- Arbitration can be ended only by a) a decision of the arbitrator, or b) mutual agreement of both parties. On occasion, one of the parties may find grounds to appeal to a court, including if an arbitrator exceeds his/her authority.
-- If there is a purely cash settlement, as opposed to a reinstatement, the decision TO terminate the arbitration, as opposed to the decision to accept the arbitration, is subject to the approval of the parties to the collective-bargaining agreement.
"I am not a lawyer," Koocher said, but his information reflected long experience in school matters, dating the 1970s, when he was a member ofthe Cambridge School Committee.
Bodie has been asked to comment.
Denise Burns, School Committee chair, declined to comment for publication in YourArlington about the superintendent's authority in this matter.
The Coughlin arbitration is entering its 10th month, not a longer-than-usual case, according to a publication titled "Dispute Resolution Journal." There, Elizabeth Hill, a research fellow at the Center for Labor & Employment Law at New York University Law School, studied the issue. Her conclusion: The average length of arbitration is 16.5 months. (See the publication online, page 7, endnote 26.)
The next arbitration session is set for Oct. 7 in Boston. Arbitrations are closed to the public and press.
Supporters of reinstatement for Coughlin have expressed optimism following Levenson's resignation in connection with "certain improprieties" connected to the arbitration case. A School Committee statement issued Aug. 8 said "Our attorneys have also advised us that they do not believe that the recently discovered improprieties should have an effect on the final outcome of the arbitration proceedings."
NOTE -- Further explanation from Koocher:
*"A teacher with professional teacher status may seek review of a dismissal decision within thirty days after receiving notice of his dismissal by filing a petition for arbitration with the commissioner. The commissioner shall forward to the parties a list of three arbitrators provided by the American Arbitration Association. Each person on the list shall be accredited by the AAA. The parties shall have the right to strike one of the three arbitrators' names if they are unable to agree upon a single arbitrator from among the three. The arbitration shall be conducted in accordance with the rules of the AAA to be consistent with the provisions of this section. The parties shall each have the right to strike one of the arbitrators' names if they are unable to agree upon a single arbitrator from among the three. The board of education shall determine the process for selecting arbitrators for the pool. The fee for the arbitration shall be split equally between the two parties in the arbitration.
"At the arbitratration hearing, the teacher and the school district may be represented by an attorney or other representative, present evidence, call witnesses and the school district shall have the burden of proof. In determining whether the district has proven grounds for dismissal consistent with this section, the arbitrator shall consider the best interests of the pupils in the district and the need for elevation of performance standards.
"The arbitrator's decision shall be issued within one month from the completion of the arbitration hearing, unless all parties involved agree otherwise, and shall contain a detailed statement of the reasons for the decision. Upon a finding that the dismissal was improper under the standards set forth in this section, the arbitrator may award back pay, benefits, reinstatement, and any other appropriate nonfinancial relief or any combination thereof. Under no circumstances shall the arbitrator award punitive, consequential, or nominal damages or compensation damages other than back pay, benefits or reinstatement."
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