BACKGROUND:
Carol Fern has been employed by Bainbridge Borough far 18 years as a tax clerk. The tax clerk position in BainBridge Borough is part of the bargaining unit represented by Local 10 of the American Federation of State, County, and Municipal Employees (AFSCME).
When Carol Fern and her husband found out that she was unable to conceive, they decided to adopt a child. The Ferns were notified pn 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 leave Bainbridge Borough on such short notice since April is a busy tax month. Adoption was therefore delayed until May 2.
On April 27 Fern 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, Fern asked for six months of unpaid maternity leave. This request had to be approved by the Bainbridge Borough Council, which rejected the request by a 4-3 vote. However, the council did offer Fern two successive 90-day reasonable purpose leaves (amounting to six months of leave). On June 1 the following grievance was filed:
Accirdubg 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. Maternity leaves shall, upon the request of the employee, be extended or renewed for a period not to exceed six months. Relief or remedy sought: Granting of the just and deserved leave request.
QUESTION:
As an arbitrator, how would you rule? Why?