You Decide
Scenario Summary
Your Role/Assignment
Key Players
Scenario Summary
Carol Fern has been employed by Bainbridge Borough for 18Sample Page
years as a tax clerk. The tax clerk position is part of the bargaining unit
represented by Local 10 of the American Federation of State, County, and
Municipal Employees (AFSCME). When Carol and her husband found out that she was
unable to conceive, they decided to adopt a child. The Ferns were notified on
April 22 that a 3-month-old baby girl was available and they could adopt her in
three days. However, Carol told the adoption agency that she thought it was
unfair to leave the company on such short notice because April was a busy tax
season. Adoption was delayed until May 2. On April 27, Carol requested two
weeks of paid vacation for May 2 to May 17. This request was granted. The day
before she was to return from her paid vacation, Carol asked for 6 months of
unpaid maternity leave. The request had to be approved by the Bainbridge
Borough Council, which rejected the request by a 4-3 vote. However, the council
did offer Carol two consecutive 90-day reasonable purpose leaves (amounting to
6 months of leave).
On June 1, the following grievance was filed.
According to Article X, Section 4.A—Unpaid Leaves, 5.
Maternity on page 13 of the final agreement between Bainbridge Borough and
Local 10: Maternity leaves not to exceed 6 months shall be granted at the
request of an employee. Maternity leaves shall, upon the request of the
employee, be extended or renewed for a period not to exceed 6 months. Relief or
remedy sought: Granting of the just and deserved leave request.
A Potentially Relevant Contract Provision A. Leaves of
absence for a limited period without pay—not to exceed 90 days—shall be granted
for any reasonable purpose. Extension to be granted with approval of Borough
Council.
Your Role/Assignment
The Issue
The union claims that the company violated the collective
bargaining agreement by denying Carole Fern’s request for maternity leave.
Carole Fern is clearly a new mother and is therefore entitled to the leave
specified by the contract. The town argues that maternity leave is for mothers
of naturally-born infants, not adopted children, and therefore, Carole Fern is
not entitled to maternity leave.
So, decide which one is correct: Does maternity leave apply
to adoptive mothers or only to mothers actually giving birth?
Key Players
Photo of Carol Fern
Carol Fern
Tax Clerk
Photo of Town People
Town People
Photo of Sally Stevens
Sally Stevens
CEO of company
Photo of Bob Smith
Bob Smith
Union leader
YOU DECIDE
Assignment
Assignment
You have three areas of focus for this assignment.
As an attorney for
Bainbridge Borough, develop a case to support the council’s rejection of Carol
Fern’s unpaid maternity leave request.
As an attorney for
AFSCME Local 10, develop an argument to support your client’s contention that
the council’s rejection of Carol’s unpaid maternity leave request violated the
collective bargaining agreement.
As an arbitrator,
how would you rule? Why?
Write a two- to three-page paper, (double-spaced, 12 point
type, APA style) that outlines the case for Bainbridge Borough, the case for
AFSCME Local 10, and how you would rule as an arbitrator based on the facts you
have for this case.
Category Points
Description
Bainbridge Rejection 20
Based on the collective
bargaining agreement wording, defend why Carol’s request should be denied.
Union’s Contention 20
Based on the collective
bargaining agreement, defend why Carol’s request should be granted.
Arbitrator’s Perspective 30
Present the issues that the
arbitrator has to analyze in making a decision on the grievance.
Total 70 You have thoroughly presented both
sides of the argument and have shown the arbitrator’s rationale in the decision
to sustain or deny the grievance.S