In re Kennedy

Matthew Kennedy (plaintiff) was a band teacher for approximately 10 years in the Hinsdale public school system. Over the years, participation in the school band declined. The band eventually had to recruit graduate students and members of the community to join band concerts. The Hinsdale school district (defendant) notified Kennedy that his position would not be renewed due to declining enrollment. The district offered the remaining interested band students the chance instead to participate in another area school’s band program or to take online band lessons. Kennedy and his teachers’ union (plaintiff) brought an action against his school district before the New Hampshire Public Employee Labor Relations Board (PELRB). Kennedy alleged that his district engaged in unfair labor practices by failing to renew his contract. The school district and union were parties to a collective-bargaining agreement that required binding arbitration for teacher grievances stemming from issues other than district management prerogatives and teacher nonrenewals. Under the agreement, a school district’s reduction in force or subcontracting of a teacher’s position should be subject to binding arbitration. The PELRB found in favor of the school district. It dismissed Kennedy’s claims without requiring binding arbitration, determining that his claims did not require arbitration under the terms of the collective-bargaining agreement. Kennedy appealed the PELRB’s decision to the state court system. The lower state courts affirmed the PELRB’s decision. Kennedy and his union appealed to the New Hampshire Supreme Court.