Arbitration Decision Reinstates Nadeau

by J.B. McKinley

HYDE PARK - The final, binding decision, of arbitrator and Boston-based
attorney Roberta Golick in the case of Lamoille Union High School
history teacher Wayne Nadeau's dismissal requires that he be made "whole
for the period in question."
The language of the final decision states that "The Board is directed to
rescind Mr. Nadeau's termination, return him to his former position, and
restore all back wages and benefits for the period in question, with
appropriate offsets for unemployment compensation received and/or
interim income, if any."
A 22 year veteran teacher, Nadeau's employment was terminated by the
Lamoille Union High School District 18 School Board on September 25,
2003. Arbitration began in early April 2004.
Nadeau's salary for the year during which he was terminated was $46,625.
Arbitrator Golick also decided that the school board "did not have just
and sufficient cause to discharge Wayne Nadeau pursuant to the
collective bargaining agreement."
In the wake of publicity and some public outcry following the airing of
a 20 school day suspension given Nadeau for unprofessional conduct with
a paraprofessional during 2002, rumors of other, earlier unprofessional
conduct began to surface. This time the controversy swirled around
allegations of Nadeau's conduct on a 1996 school trip to Russia.
The 22 page arbitrator's report and decision details the 1996-based
allegations. The document also states "When an employer fires an
employee for alleged misconduct that occurred seven years before, the
evidence must be very clear in order to overcome the natural weaknesses
that may bend witnesses' memories in that span of time. The issue is not
so much credibility, but reliability."
"We will comply with the decision of the arbitrator. We thank her for
hearing the case and weighing the evidence presented. Mr. Nadeau will be
reinstated within the Lamoille Union District 18 at the start of the new
school year. In the interest of the educational process and our
students, it is now time to move on," said Superintendent Dr. Terry D.
Bailey, of the decision.
"We are issuing him a contract for this coming year," said Bailey, "the
board is working in good faith." Bailey said the school had two Social
Studies openings and Mr. Nadeau's contract was mailed this Monday. He
said Nadeau has 30 days to reply. Bailey noted that the arbitrator also
decided that the school board did not violate the collective bargaining
agreement when it did not identify the complainant, whose allegations
resulted in Nadeau's termination.