Abitrators Back St. Ignace School System in Teacher Lay-off Case
By Paul Gingras

Former St. Ignace language arts and social studies teacher Jennifer Powell lost her latest legal challenge to the school board Tuesday, December 12. The American Arbitration Association ruled that the school board was able to lay her off at the end of the 2003/2004 school year. She contended that she should have been reassigned to either an elementary music or physical education position, which were filled with less senior teachers. Ms. Powell continues to fight the school administration for employment in the district, on two other legal fronts. She is supported by the Northern Michigan Education Association (NMEA), the Michigan Education Association (MEA), and the St. Ignace Education Association (SEA).

Challenging the layoff, Ms. Powell argued that her teaching certificate qualifies her to teach any subject in kindergarten through ninth grade and her seniority with the district should have allowed her to be appointed to teach either the music or physical education classes that were filled by teachers with less seniority.

The Arbitration Association ruled that Mrs. Powell does not have qualifications to teach music or physical education at St. Ignace Area Schools because the district's labor agreement requires additional training for these subjects beyond what Ms. Powell has achieved. While a teacher assigned to instruct music or physical education can become qualified by completing a college minor in the subjects within a year, the Arbitration Association ruled that Ms. Powell would not have had time to do so.

The Arbitration Association also stated that Ms. Power's grievance with the school system was filed too late. Superintendent Michael Springsteen reported that she had 15 days following her lay-off to file a grievance but she did not do so for nearly one year. Union authorities disputed this assertion.

Ms. Powell has filed a complaint with the Michigan Employment Relations Commission, saying that the school violated labor laws by laying her off, but no hearing date has been scheduled, Mr. Springsteen said.

Mrs. Powell has also argued that the lay-off violated her tenured status. Experienced teachers receive special layoff and retirement rights through the Michigan Teachers' Tenure Act. On August 16, however, the Tenure Commission said the issue is a labor dispute and that it did not have the authority to settle it. The MEA has appealed the Tenure Commission's ruling, Mr. Springsteen told The St. Ignace News.

If the Tenure Commission decides to hear the case again, and rules in Ms. Powell's favor, the ruling could override the decision of the Arbitration Association, he said. The Tenure Commission's ruling could be more powerful, Mr. Springsteen explained, because it would mean that the school's contracts for elementary music and education positions are illegal.