Synopsis By: Lurie - Proceeding Author: James P. Begin, Joel M. Douglas

The article addresses the case law, practices, customs and rules that have arisen in the arbitration of college and university faculty CBA disputes and, especially, the discretion afforded management in the exercise of “academic judgment” (affecting appointment, retention, promotion and tenure) which is not subject to arbitral review, and the confidentiality of materials and communications used in peer review. This relegates the grievant’s case to claims of procedural violations. In his Comments following the article, Arbitrator Begin expresses dissatisfaction with this limited basis and limited evidence for deciding claims, such as unequal treatment, on the merits.