Green, A.C.J.
This appeal involves the question of [155]*155whether an arbitrator, who finds a community college has violated its own regulations and a collective bargaining agreement relating to the evaluation of the performance of a probationary faculty member, has authority to provisionally reinstate such employee for an additional year to require compliance with those procedures.
Mr. Eyre was a probationary flight instructor at Big Bend Community College (BBCC). By statute, a faculty member is on probation for the first 3 years of employment; at the end of that time the appointing authority decides whether to award tenure. RCW 28B.50.852. Regulations create a tenure review committee and establish specific procedures for evaluating, assisting and making recommendations to the appointing authority concerning probationary employees. WAC 132R-128-010 through -130. Those recommendations are considered by the board in determining tenure. A collective bargaining agreement between BBCC and the faculty association incorporates these regulations.
During the first 2 years of Mr. Eyre's employment, the aviation tenure review committee rated him satisfactory and recommended he continue in his teaching position. However, during his third year the committee recommended to the board of trustees that he not be awarded tenure and his employment be terminated at the end of the school year. No reason was given. The trustees apparently accepted the committee's recommendation and denied tenure to Mr. Eyre which, in effect, terminated his employment.
Mr. Eyre filed a grievance in compliance with the collective bargaining agreement (CBA), which provided for arbitration at the final stage. BBCC refused to arbitrate. Mr. Eyre then obtained a court order compelling BBCC to submit the issue of whether the tenure review board had complied with the required evaluation procedures to arbitration.1 Following a hearing, the arbitrator found non[156]*156compliance with the evaluation procedures and that the criticisms of Mr. Eyre by the committee were not supported by substantial, probative evidence. He ordered BBCC to [157]*157reinstate Mr. Eyre to probationary status for 1 year. During that time, the tenure review committee was to evaluate and counsel Mr. Eyre and make appropriate recommendations to the board of trustees who could then make a decision regarding tenure.
Thereafter, BBCC moved in superior court for an order vacating the arbitration award. This motion was granted on the ground the arbitrator exceeded his authority when he set aside the tenure decision of the board and granted probationary status to Mr. Eyre for an additional year. The matter was remanded to the arbitrator for revision of his determination. Mr. Eyre appeals.
He contends an arbitrator may fashion any remedy short of granting tenure. He argues that otherwise an employer could ignore the statutory and contractual obligations for tenure evaluation without facing any effective sanctions. On the other hand, BBCC contends RCW 28B.50.850-.869 vests in the board of trustees the exclusive discretionary authority to decide whether to renew academic employees. It argues the arbitrator's award not only violated state law, but exceeded the scope of the arbitrator's authority under the CBA and the court order compelling arbitration. We disagree with BBCC.
It is true the final decision regarding tenure rests with the board of trustees and, therefore, reinstatement to full contract status is not a remedy available to an arbitrator. RCW 28B.50.856; North Beach Educ. Ass'n v. North Beach Sch. Dist. 64, 31 Wn. App. 77, 85, 639 P.2d 821 (1982). However, an arbitrator may fashion a remedy that does not impinge upon the exclusive power of the board. North Beach, at 85. North Beach involved a provisional teacher in a secondary school who was not renewed because of teaching deficiencies. A grievance was filed and eventually heard by an arbitrator. He found evaluation procedures contained in a collective bargaining agreement were violated and, therefore, there was merit to the grievance. Notwithstanding, the arbitrator concluded he did not have jurisdiction to make an award because a grievance concern[158]*158ing evaluation procedures impinged on the school board's exclusive authority regarding renewal of a probationary teacher. North Beach, at 81. On appeal, the court disagreed, stating at pages 85-86:
Our analysis resolves the arbitrator's concern that he had no power to enter an award. The arbitrator must fashion a remedy appropriate with the seriousness of the contractual violation and the circumstances. Reinstatement of the employee to full contract status is not an available remedy. We . . . decline to limit the remedies available to the arbitrator,7 but note that his limits are only those of his creativity subject to the bounds of ROW 28A.67.072 (or any other statute that impinges upon an exclusive power in the school board over employment matters) and the negotiated contract.
(Italics ours.) This decision guides our conclusion in this case.
Here the arbitrator temporarily reinstated Mr. Eyre for 1 year pending compliance with the evaluation procedures contained in the regulations and the CBA. This order in no way impinged upon the board's exclusive authority to ultimately grant or deny tenure. It only required BBCC to comply with its own regulations and the CBA. Perforce, it was the only meaningful remedy available. To hold temporary reinstatement is beyond the scope of the arbitrator's authority in effect would allow BBCC to breach the CBA and the regulations without penalty and leave Mr. Eyre without a remedy. This we decline to do. Thus, we find the arbitrator fashioned a remedy "appropriate with the seriousness of the contractual violation and the circumstances", [159]*159North Beach, at 85, and the court erred in setting it aside.
Other jurisdictions faced with similar circumstances have consistently held reinstatement of a teacher to probationary status until evaluation procedures have been complied with is within the scope of the arbitrator's authority. See Lisbon Sch. Comm. v. Lisbon Educ. Ass'n, 438 A.2d 239 (Me. 1981); School Comm. v. Korbut, 373 Mass. 788, 369 N.E.2d 1148 (1977); School Comm. v. Tyman, 372 Mass. 106, 360 N.E.2d 877 (1977); United Liverpool Faculty Ass'n v. Board of Educ., 52 N.Y.2d 1038, 420 N.E.2d 386, 438 N.Y.S.2d 505 (1981); North Syracuse Cent. Sch. Dist. v. North Syracuse Educ. Ass'n,
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Green, A.C.J.
This appeal involves the question of [155]*155whether an arbitrator, who finds a community college has violated its own regulations and a collective bargaining agreement relating to the evaluation of the performance of a probationary faculty member, has authority to provisionally reinstate such employee for an additional year to require compliance with those procedures.
Mr. Eyre was a probationary flight instructor at Big Bend Community College (BBCC). By statute, a faculty member is on probation for the first 3 years of employment; at the end of that time the appointing authority decides whether to award tenure. RCW 28B.50.852. Regulations create a tenure review committee and establish specific procedures for evaluating, assisting and making recommendations to the appointing authority concerning probationary employees. WAC 132R-128-010 through -130. Those recommendations are considered by the board in determining tenure. A collective bargaining agreement between BBCC and the faculty association incorporates these regulations.
During the first 2 years of Mr. Eyre's employment, the aviation tenure review committee rated him satisfactory and recommended he continue in his teaching position. However, during his third year the committee recommended to the board of trustees that he not be awarded tenure and his employment be terminated at the end of the school year. No reason was given. The trustees apparently accepted the committee's recommendation and denied tenure to Mr. Eyre which, in effect, terminated his employment.
Mr. Eyre filed a grievance in compliance with the collective bargaining agreement (CBA), which provided for arbitration at the final stage. BBCC refused to arbitrate. Mr. Eyre then obtained a court order compelling BBCC to submit the issue of whether the tenure review board had complied with the required evaluation procedures to arbitration.1 Following a hearing, the arbitrator found non[156]*156compliance with the evaluation procedures and that the criticisms of Mr. Eyre by the committee were not supported by substantial, probative evidence. He ordered BBCC to [157]*157reinstate Mr. Eyre to probationary status for 1 year. During that time, the tenure review committee was to evaluate and counsel Mr. Eyre and make appropriate recommendations to the board of trustees who could then make a decision regarding tenure.
Thereafter, BBCC moved in superior court for an order vacating the arbitration award. This motion was granted on the ground the arbitrator exceeded his authority when he set aside the tenure decision of the board and granted probationary status to Mr. Eyre for an additional year. The matter was remanded to the arbitrator for revision of his determination. Mr. Eyre appeals.
He contends an arbitrator may fashion any remedy short of granting tenure. He argues that otherwise an employer could ignore the statutory and contractual obligations for tenure evaluation without facing any effective sanctions. On the other hand, BBCC contends RCW 28B.50.850-.869 vests in the board of trustees the exclusive discretionary authority to decide whether to renew academic employees. It argues the arbitrator's award not only violated state law, but exceeded the scope of the arbitrator's authority under the CBA and the court order compelling arbitration. We disagree with BBCC.
It is true the final decision regarding tenure rests with the board of trustees and, therefore, reinstatement to full contract status is not a remedy available to an arbitrator. RCW 28B.50.856; North Beach Educ. Ass'n v. North Beach Sch. Dist. 64, 31 Wn. App. 77, 85, 639 P.2d 821 (1982). However, an arbitrator may fashion a remedy that does not impinge upon the exclusive power of the board. North Beach, at 85. North Beach involved a provisional teacher in a secondary school who was not renewed because of teaching deficiencies. A grievance was filed and eventually heard by an arbitrator. He found evaluation procedures contained in a collective bargaining agreement were violated and, therefore, there was merit to the grievance. Notwithstanding, the arbitrator concluded he did not have jurisdiction to make an award because a grievance concern[158]*158ing evaluation procedures impinged on the school board's exclusive authority regarding renewal of a probationary teacher. North Beach, at 81. On appeal, the court disagreed, stating at pages 85-86:
Our analysis resolves the arbitrator's concern that he had no power to enter an award. The arbitrator must fashion a remedy appropriate with the seriousness of the contractual violation and the circumstances. Reinstatement of the employee to full contract status is not an available remedy. We . . . decline to limit the remedies available to the arbitrator,7 but note that his limits are only those of his creativity subject to the bounds of ROW 28A.67.072 (or any other statute that impinges upon an exclusive power in the school board over employment matters) and the negotiated contract.
(Italics ours.) This decision guides our conclusion in this case.
Here the arbitrator temporarily reinstated Mr. Eyre for 1 year pending compliance with the evaluation procedures contained in the regulations and the CBA. This order in no way impinged upon the board's exclusive authority to ultimately grant or deny tenure. It only required BBCC to comply with its own regulations and the CBA. Perforce, it was the only meaningful remedy available. To hold temporary reinstatement is beyond the scope of the arbitrator's authority in effect would allow BBCC to breach the CBA and the regulations without penalty and leave Mr. Eyre without a remedy. This we decline to do. Thus, we find the arbitrator fashioned a remedy "appropriate with the seriousness of the contractual violation and the circumstances", [159]*159North Beach, at 85, and the court erred in setting it aside.
Other jurisdictions faced with similar circumstances have consistently held reinstatement of a teacher to probationary status until evaluation procedures have been complied with is within the scope of the arbitrator's authority. See Lisbon Sch. Comm. v. Lisbon Educ. Ass'n, 438 A.2d 239 (Me. 1981); School Comm. v. Korbut, 373 Mass. 788, 369 N.E.2d 1148 (1977); School Comm. v. Tyman, 372 Mass. 106, 360 N.E.2d 877 (1977); United Liverpool Faculty Ass'n v. Board of Educ., 52 N.Y.2d 1038, 420 N.E.2d 386, 438 N.Y.S.2d 505 (1981); North Syracuse Cent. Sch. Dist. v. North Syracuse Educ. Ass'n, 45 N.Y.2d 195, 379 N.E.2d 1193, 408 N.Y.S.2d 64 (1978); Board of Educ. v. Bellmore-Merrick United Secondary Teachers, Inc., 39 N.Y.2d 167, 347 N.E.2d 603, 383 N.Y.S.2d 242 (1976); Cohoes City Sch. Dist. v. Cohoes Teachers Ass'n, 40 N.Y.2d 774, 358 N.E.2d 878, 390 N.Y.S.2d 53 (1976); Northeast Cent. Sch. Dist. v. Webutuck Teachers Ass'n, 71 A.D.2d 673, 418 N.Y.S.2d 952 (1979); Board of Educ. v. Yonkers Fed'n of Teachers, 58 A.D.2d 626, 395 N.Y.S.2d 690 (1977); Board of Educ. v. Chautauqua Cent. Sch. Teachers Ass’n, 41 A.D.2d 47, 341 N.Y.S.2d 690 (1973); Central Point Sch. Dist. 6 v. Employment Relations Bd., 27 Or. App. 285, 555 P.2d 1269 (1976); Fries v. Wessington Sch. Dist. 2-4, 307 N.W.2d 875 (S.D. 1981). But see Illinois Educ. Ass'n Local Comm. High Sch. Dist. 218 v. Board of Educ., 62 Ill. 2d 127, 340 N.E.2d 7 (1975).
BBCC argues the arbitrator's award of an additional year of probation violates RCW 28B.50.852:
The appointing authority shall promulgate rules and regulations implementing RCW 28B.50.850 through 28B.50.869 and shall provide for the award of faculty tenure following a probationary period not to exceed three consecutive regular college years, excluding summer quarter . . .
RCW 28B.50.850 states the purpose of the faculty tenure system is to protect "the concepts of faculty employment rights and faculty involvement in the protection of those [160]*160rights in the state system of community colleges." It is evident the provision limiting the probationary period to 3 years was to prevent delay in making a tenure decision, i.e., so a faculty member would know whether or not the position was to be permanent. Since the limitation was intended for the benefit of a faculty member, BBCC should not be permitted to violate its own evaluation procedures and then use the 3-year limitation to deny a remedy to Mr. Eyre.
BBCC's reliance upon Causey v. Board of Trustees, 30 Wn. App. 649, 638 P.2d 98 (1981) and Smith v. Greene, 86 Wn.2d 363, 545 P.2d 550 (1976) is misplaced. Those decisions concern the exclusive authority of the board to decide the question of tenure. They, in effect, hold that probationary employees have no property interest in their subjective expectancy of tenure and that the board may refuse to grant tenure without reducing its reasons to writing. Neither decision addresses the issue in this case. Here we are concerned with the authority of an arbitrator to fashion a remedy for violation of a collective bargaining agreement short of impinging upon the exclusive authority of the board. North Beach governs the answer to this question. We merely hold that the evaluation procedures promulgated by the institution, and in this case incorporated into a collective bargaining agreement, must be followed prior to the board's action on a tenure question. Thereafter, the board, having a procedurally correct evaluation committee recommendation, may determine to grant or deny tenure on whatever basis it deems appropriate.
Reversed for implementation of the arbitrator's decision.
McInturff, J., concurs.