State Board Opinions
- View Scope of Bargaining Cases
- View Scope of Bargaining Cases
| Title | File Name | |
| Allegany County 05-27
ACTA v Allegany County BOE, Scope of bargaining - transfers |
Allegany County 05-27.pdf (51.15 KB) | |
| Allegany County 08-31
Brackett and Schupe v Allegany County Board of Education - Non Renewal of two probationary teachers' contracts |
Allegany County 08-31.pdf (753.94 KB) | |
| Anne Arundel County 04-11
Murray v AACPS; Termination of a teacher for misconduct in office |
Murray 04-11.pdf (154.8 KB) | |
| Anne Arundel County 04-33
Crosby v Anne Arundel County; Administrative transfer or demotion is still a transfer |
Anne Arundel County 04-33.pdf (122.32 KB) | |
| Anne Arundel County 07-42
Ellenberger v Anne Arundel County Board of Education - Rescission of teacher's contract |
Anne Arundel County 07-42.pdf (1.77 MB) | |
| Anne Arundel County 98-17
Mayberry vs. AACPS - Superintendent's authority to assign a designee to perform duties |
09 Opinion 98-17.pdf (693.32 KB) | |
| Baltimore City 03-34
Scope of bargaining; is reclassification of academic coach from 11 month to 10 month a legal topic of bargaining |
Baltimore City 03-34.pdf (39.53 KB) | |
| Baltimore City 04-29
Charge of unfair labor practice based on city board's delay of ratification |
Baltimore City 04-29.pdf (81.62 KB) | |
| Baltimore City 04-44
Wiggins v Baltimore City, Teacher terminated for willful neglect of duty |
WARREN WIGGINS CASE.pdf (725.61 KB) | |
| Baltimore City 07-38
Gottheimer v Baltimore City Board of School Commissioners - Denial of compensation at doctorate level |
Baltimore City 07-38.pdf (341.46 KB) | |
| Baltimore City 08-41
Gruzs v Baltimore City Board of School Commissioners - Performance evaluation |
Baltimore City 08-41.pdf (142.96 KB) | |
| Board of Regents v Roth, 408 U.S. 564 (1972)
Tenure or property interest |
Board of Regents of State Colleges v_ Roth - Wikipedia, the free encyclopedia.mht (619.39 KB) | |
| Calvert County 07-05
Declaratory ruling - scope of bargaining; is budgeting process as it relates to the health benefit fund a proper topic to negotiate |
Calvert County 07-05.pdf (2.51 MB) | |
| Calvert County 08-18
Lawrence v Calvert County Board of Education; AP may appeal but not grieve a reprimand |
Calvert County 08-18.pdf (701.93 KB) | |
| Carroll County 04-41
Carroll County v CASE Determining process for non-certificated unit composition |
Carroll County 04-41.pdf (48.18 KB) | |
| Carroll County 294 Md.144;A.2d 345;1982 Md
CCEA vs. Carroll County Public Schools - Court of Appeals of MD case - Open Bargaining |
Carroll County 294 Md.144;A.2d 345;1982 Md.pdf (518.07 KB) | |
| Carroll County 78-2
Hayes v Carroll Co BOE 78-2 - Reassignment of principal to a teacher is assignment |
78-2.pdf (4.1 MB) | |
| Cecil County 95-3
Ewing v Cecil Co BOE; reaffirmed the principles that the Board can non-renew a teacher without regard to just cause, an evidentiary hearing, or satisfactory evaluations |
Opinion No. 95-3, January 25,1995.pdf (352.81 KB) | |
| Charles County 92-18
Livers v Charles County; Ruled that just cause language for discipline/discharge of non-certificated employees is an illegal subject of bargaining |
LIVERS 92-18.pdf (5.35 MB) | |
| Community Expectations
Various opinions that support disciplinary actions when community expectations are negatively affected |
community expectations.pdf (558.38 KB) | |
| Dorchester County 03-35
Scope of bargaining - is scheduling 3 more work days a working condition or a school calendar matter |
Dorchester County 03-35.pdf (39.12 KB) | |
| Dorchester County 04-15
Jackson v DCPS; Affirmed superintendent's authority relative to second classing teacher certificates |
Jackson 04-15.pdf (43.19 KB) | |
| Dorchester County305 Md. 774 (1982)
Hubbard v DCPS; Established that MSBOE, not arbitrators or courts, determine scope of bargaining disputes |
HUBBARD DORCHESTER COUNTY.pdf (547.18 KB) | |
| Frederick County 09-11
Frederick County Commissioners v. FCPS Jurisdictional authority |
Frederick County 09-11.pdf (376.48 KB) | |
| Garrett County 82-19
Lendo v. Garrett Co BOE - Ruling that MSBOE must hear all appeals over which it has jurisdiction |
Opinion, no 82-19, April 28, 1982.pdf (1.12 MB) | |
| Garrett County 96-38
Hayhurst v Garrett County; Provided that Board may reject, modify, or impose a more stringent penalty than recommended by superintendent in a 6-202 hearing |
HAYHURST 96-38.pdf (5.58 MB) | |
| Harford County 05-24
Declaratory ruling - scope of bargaining; is "just cause" a legal topic of bargaining; what if one party is trying to compel negotiations on a permissive topic |
Harford County 05-24.pdf (73.18 KB) | |
| Harford County 08-35
Harford Co v HCESC; Declaratory ruling - scope of bargaining issue, classification/placement on salary scale |
Harford County 08-35.pdf (504.71 KB) | |
| Harford County 77-10
Adopting personnel policies to govern when a contract expires |
Harford County 77-10.pdf (778.73 KB) | |
| Howard County 05-22
Venter v HCPS Provisions of 6-202(a) are not applicable to employees who do not hold MD certification even if they are high ranking, highly compensated employees |
BRUCEVENTER.pdf (90.71 KB) | |
| Howard County 06-07
Day v HCEA/MSTA - Fair representation of the union when principal and teacher are in same union |
Howard County 06-07.pdf (86.66 KB) | |
| Howard County 09-08
Howard Co BOE vs HCEA MSBOE ruled that lower level discipline is an illegal topic of bargaining |
HowardCoBD.09.08.pdf (1.24 MB) | |
| Howard County 107 Md. App 286 (1995)
Hurl v Howard County; Landmark case that teachers only have tenure only as certificated employees, in general, not in specific positions |
BOARD VS KATHY HURL.pdf (1.31 MB) | |
| Howard County 90-18
Strother v Howard County Board of Education, No. 90-18/Revised January 25, 1995 - Observations subject to 4-205 |
Howard County 90-18.pdf (403.39 KB) | |
| Kent County 05-12
Declaratory ruling - superintendent's authority to assign staff |
Kent County 05-12.pdf (54.16 KB) | |
| Kent County 08-26
Declaratory ruling - scope of bargaining; pay determination of the type of credits necessary for 30+ status |
Kent County 08-26.pdf (909.39 KB) | |
| Kent County 08-46
Kent County Board of Education v Kent County Teachers' Assocation - KCTA request for reconsideration |
Kent County 08-46.pdf (183.61 KB) | |
| Loudermill 470 U.S. 532 (1985)
Loudermill v Cleveland BOE, Provided that public employees get due process |
Cleveland Board of Education v_ Loudermill - Wikipedia, the free encyclopedia.htm (41.79 KB) | |
| Memo from Office of AG
Evaluation of professionally certificated personnel - appeal provisions for evaluations and observations; Ref. Strother v Howard County 90-18 |
MEMO COMAR 13A.07.04.04.pdf (2.01 MB) | |
| Montgomery County 03-03
Etefia v MCBOE, Non-renewal of teacher contract appeal |
OPINION NO 03-03.pdf (393.47 KB) | |
| Montgomery County 04-13
Beck v Montgomery County; Termination of teacher for incompetency |
Beck 04-13.pdf (327.33 KB) | |
| Montgomery County 08-36
Tunnell v Montgomery County Board of Education - Termination of administrator for misconduct in office |
Montgomery County 08-36.pdf (1.26 MB) | |
| Prince George's County 02-46
COMAR 13A.07.04 observation and evaluation requirements are applicable to principals and vice principals |
OPINION NO 02-46.pdf (589.36 KB) | |
| Prince George's County 06-11
Bodaghi v Prince George's County Board of Education - Appeal of teacher evaluation |
Prince George's County 06-11.pdf (56.47 KB) | |
| Prince George's County 06-12
Gordon v PGCBOE; Termination of a teacher for insuborindation |
Gordon 06-12.pdf (56.77 KB) | |
| Prince George's County 08-34
Breedon v Prince George's County Board of Education - Reassignment of administrator |
Prince George's County 08-34.pdf (350.62 KB) | |
| Prince George's County 08-39
Mayhand v Prince George's County Board of Education - Employee termination |
Prince George's County 08-39.pdf (504.28 KB) | |
| Prince George's County 08-42
Rawles v Prince George's County Board of Education - Employee challenge to vendor disqualification |
Prince George's County 08-42.pdf (188.64 KB) | |
| Prince George's County 81-18
Waeldner v PGCBOE, Superintendnent abaility to place teacher on administrative leave without pay and not subject to back pay |
2 OPINIONS OF MSBE 345.pdf (1.67 MB) | |
| Somerset County 08-45
Annette K. v Somerset County Board of Education - Student discipline and parent's termination from employment |
Somerset County 08-45.pdf (334.79 KB) | |
| Somerset County 09-13
Somerset County vs. SCTA, Signing bonus is legal bargaining item |
Somerset County 09-13.pdf (490.71 KB) | |
| State Board Decisions-Labor Relations Matrix
Matrix presented by Jamie Cannon at fall meeting 9-4-08 |
State Board Decisions Labor Relations - Fall Meeting 9-4-08.pdf (35.93 KB) | |
| Talbot County 04-30
Heister & Marvel v TCBOE; Upheld forfeiture of accrued salary due to failure to provide timely notice of resignation |
Talbot County 04-30.pdf (55.11 KB) | |
| Talbot County 08-22
Livingston v Talbot Co; Appeals must be first heard by the local board where appropriate before going to the State Board |
Livingstone0822.pdf (1.74 MB) | |
| Talbot County 86-11
Impasse Process |
Talbot County 86-11.pdf (692.53 KB) | |
| Washington County 05-37
Stouffer v WCBOE, MSBOE ruled local board to hear PIP (Performance Improvement Plan) appeal |
Washington County 05-37.pdf (45.68 KB) | |