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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.
Length: 4 pages (1193 Words)
Maternity leave gives new mothers a chance to take care of the child and is also important to help strengthen the relationship between the child and the mother. Granting maternity leave is not subject to whether the child is naturally born or adopted. If the leave is only allowed for the naturally born children and not the adopted ones, this would depict discrimination against those who cannot conceive. As far as people are legally allowed to adopt children, they should also enjoy the rights that anyone giving birth naturally would enjoy (Solomon & Adams, 2006). The right for maternity leave is granted by law and does not specify on the type of birth. This paper gives my opinion of the ruling of the case and the position I take based on the decision made by union as presented in the case study.
In the case scenario presented, Carol Fern works for Bainbridge Borough as a tax clerk, a position she has held for 18 years. The position is part of the unit represented by local 10 of the American Federation of State, County, and Municipal Employees (AFSCME). After her realization that she could not conceive, she decides to adopt a child. A three-month- old baby girl is available for adoption but she has to make arrangements for a leave from work. Initially, she requests for a two weeks paid leave, which is granted. However, her later request of a 6-month unpaid maternity leave is rejected by the council with the allegation that as an adopting mother, she should not enjoy the maternity leave benefits that mothers by natural birth enjoy.