Scenario SUMMARY:
Sarah Fern has been employed by Bridgebain Borough for 20 years as a tax clerk. The tax clerk position is part of the bargaining unit represented by Local 20 of the American Federation of State, County and Municipal Employees (AFSCME). When Sarah and her husband found out that she was unable to conceive, they decided to adopt a child. The Ferns were notified on April 22nd that a 3-month old baby was available and t hey could adopt her in t here days. However, Sarah told the adoption agency that she thought it was unfair to leave the company in such a short notice because the month of April was a busy tax season. Adoption was delayed until May 2nd. On April 27, Sarah requested for two weeks of paid vacation for May 2 to May 17. This request was granted. The day before she was return from her paid vacation, Sarah asked for 6 months unpaid maternity leave. The request had to be approved by the Bridgebain Borough Council, which rejected the request by a 4-3 vote. However, the council did offer Sarah 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 Bridgebain 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.
Please develop & respond from these 3 scenarios as the following:
a) as an attorney for Bridgebain Borough, develop a case to support the council's rejection of Sarah Fern's unpaid maternity leave request. Defend why Sarah's request should be denied.
b) As an attorney for AFSCME Local 20, develop an argument to support your client's contention that the council's rejection of Sarah's unpaid maternity leave request violated the collective bargaining agreement. Why should Sarah's request be granted.
c)as an arbitrator, how would you rule? Why? Show the rationale in the decision to sustain or deny the grievance.