Grievance Discussion Case 1: Is an Adoptive Mother Entitled to Maternity Leave?
ID: 1106978 • Letter: G
Question
Grievance Discussion Case 1: Is an Adoptive Mother Entitled to Maternity Leave? BACKGROUND Carol Fern has been employed by Bainbridge Borough for 18 years as a tax clerk. The tax clerk position in POTENTIALLY RELEVANT CONTRACT PROVISIONS ARTICLE X. LEAVES OF ABSENCE resented by Local 10 of the American Federation of ning unit rep- Section 4.A: Unpaid Leaves 1. Reasonable Purpose State, County, and Municipal Employees (AFSCME) When Carol Fern and her husband found out that a. Leaves of absence for a limited period with- she was unable to conceive, they decided to adopt a child. The Ferns were notified on April 22 that a three- month-old baby girl was available and they could adopt her in three days. However, Carol Fern told the adoption agency that she thought it was unfair to out pay-not to exceed ninety days-shall be granted for any reasonable purpose. Extension to be granted with approval of Borough Council. b. Reasonable purpose in each case shall be agreed upon by the union and the borough. leave Bainbridge Borough on such short notice be 5. Maternity cause April was a busy tax month. Adoption was there- fore delayed until May 2. a. Maternity leaves-not to exceed six months- On April 27 Fern requested two weeks of paid vaca tion for May 2 to May 17. This request was granted The day before she was to return from her paid va- cation, Fern asked for six months of unpaid maternity shall be granted at the request of the employee Maternity leaves shall, upon the request of the employee, be extended or renewed for a period not to exceed six months. leave. This request had to be approved by the Bain QUESTIONS bridge Borough Council, which rejected the equest1. As an attorney for Bainbridge Borough, develop by a 4-3 vote. However, the council did offer Fern two successive 90-day reasonable purpose leaves (amount- ing to six months of leave). the following a case to support the council's rejection of Carol 2. As an attorney for AFSCME Local 10, develop an On June 1 the following 2. As an attorney for AFSCMEootentin that argument to support your client's contention that the council's rejection of Carol Fern's unpaid mater- nity leave request violated the collective bargaining Fern's unpaid maternity leave request 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 Union 1 agreement 3. As an arbitrator, how would you rule? Why? leaves not to exceed six months shall be granted at the request of an employee. Maternity leaves shall, upon the request of the employee, be extended or six months. Relief or remedy sought Granting of the just and deserved leave requested.Explanation / Answer
2)
As an attorney for AFSCME Local 10,the following points can be made to form an argument for our client-
According to Article X, Section 4.A- Unpaid eaves 5. Maternity on Page 13 of the final agreement between Bainbridge Borough and Local Union 10- Maternity leaves not to excees six months shall be granted at the request of an employee.
From the above points,it is very clear that my client Mrs. Fern has loyally served for the firm for 18 years always considering the best interest of the firm and has time and again prover her allegiane to the firm .However, when she needs some support from the firm in the form of maternity leave, it was denied.
Considering the Article X, Section 4 and the above aboint, it is highly certain that it would be fair only if Mrs. Fern receives her maternal leave of 6 months as per her request.
3)
As an arbitrator, I would not only consider the rule book or the agreement clause between Bainbridge Borough and Local Union 10 but will also consider employee dedication and loyalty towards the company before giving my ruling.
I would take into account that though Carol Fern was notified for adoption of baby girl on April 22 itself, she delayed applying for leave by 10 days considering the importance of her presence in office during that period. She could have applied for leave immediately but her dedication and loyalty to the company made her delay the application.
The council offered her two successive 90 days "reasonable purposes" leave which amounts to 180 days i.e. 6 months which is of the same duration as Carol requested as "unpaid maternity leave".
I would rule that since council was anyhow agreeable to sanction her 6 months of leave in an another category than what Carol had requested, there was no reason why it should not grant her the same under "unpaid maternity leave". Moreover, her dedication and loyalty to the company is also noted which goes in her favor.
My ruling therefore would be to grant Carol Fern six months of unpaid maternity leave as per her request.
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