Municipal Employee Case Study
Abstract
A grievance was filed by Local 10 of the American Federation of State, County, and Municipal Employees (AFSCME) on behalf of Carol Fern. Carol has been an employee of Bainbridge Borough for 18 years as a tax clerk. She was recently denied a request of 6 months unpaid maternity leave for a new born baby she and her husband recently adopted. It is the union’s belief that there has been a clear violation of their contract with Bainbridge Borough. Bainbridge Borough will be required to provide information that upholds their decision. AFSME will also develop an argument that supports Carol’s grievance for violating their collective bargaining agreement. Once all information has been gathered an arbitrator will analyze the evidence and …show more content…
Upon review it was determined that based on Article X, section 4. A- Unpaid Leaves, 5. Maternity on page 13 of the final agreement that the denial of the request was clearly not in violation of the collective agreement . Our position is that during the “collective bargaining” both parties came to a mutual agreement in a good faith effort to execute and document conditions of employment that would affect our employees. This agreement included Article x section 3. A. Although, Carol has just adopted an infant, Carol did not give birth and would not be covered nor entitled to maternity leave. However, the council in good faith offered her two consecutive 90 day reasonable purpose leaves giving Carol 6 months of leave. This action would be in compliance with a potential relevant contract provision A. which reads “Leaves of absence for limited period without pay not to exceed 90 days for any reasonable purpose extensions is to be granted with approval of the Borough council.” Under the Family Medical Leave Act (FMLA) Carol was eligible for only 12 weeks of unpaid leave during a 12 month period ( State Family and Medical Leave Laws, 2014). Bainbridge Borough graciously agreed during the collective bargaining agreement to increase the amount of unpaid leave employees are eligible for in comparison to the time FMLA would provide. The definition of maternity applies to women who are pregnant or confined. In closing maternity benefits should only apply to females who have conceived and got pregnant (The New York Times, 1983). We therefore request that the grievance is dismissed in favor of Bainbridge
A grievance was filed by Local 10 of the American Federation of State, County, and Municipal Employees (AFSCME) on behalf of Carol Fern. Carol has been an employee of Bainbridge Borough for 18 years as a tax clerk. She was recently denied a request of 6 months unpaid maternity leave for a new born baby she and her husband recently adopted. It is the union’s belief that there has been a clear violation of their contract with Bainbridge Borough. Bainbridge Borough will be required to provide information that upholds their decision. AFSME will also develop an argument that supports Carol’s grievance for violating their collective bargaining agreement. Once all information has been gathered an arbitrator will analyze the evidence and …show more content…
Upon review it was determined that based on Article X, section 4. A- Unpaid Leaves, 5. Maternity on page 13 of the final agreement that the denial of the request was clearly not in violation of the collective agreement . Our position is that during the “collective bargaining” both parties came to a mutual agreement in a good faith effort to execute and document conditions of employment that would affect our employees. This agreement included Article x section 3. A. Although, Carol has just adopted an infant, Carol did not give birth and would not be covered nor entitled to maternity leave. However, the council in good faith offered her two consecutive 90 day reasonable purpose leaves giving Carol 6 months of leave. This action would be in compliance with a potential relevant contract provision A. which reads “Leaves of absence for limited period without pay not to exceed 90 days for any reasonable purpose extensions is to be granted with approval of the Borough council.” Under the Family Medical Leave Act (FMLA) Carol was eligible for only 12 weeks of unpaid leave during a 12 month period ( State Family and Medical Leave Laws, 2014). Bainbridge Borough graciously agreed during the collective bargaining agreement to increase the amount of unpaid leave employees are eligible for in comparison to the time FMLA would provide. The definition of maternity applies to women who are pregnant or confined. In closing maternity benefits should only apply to females who have conceived and got pregnant (The New York Times, 1983). We therefore request that the grievance is dismissed in favor of Bainbridge