5a) If I were on the School Board I would not have agreed
to the issue framed for the arbitrator. I believe that the
issue was not neutral, rather that it favored the
association and Ms. Kimball. Statements in the issue such
as, …when the grievance absented herself from work for
illness…, support Kimballs argument. In the Position of
the School District section of the handout, the School Board
states that when Kimball called in to report the absence she
simply informed the district that she would not be in. In
my opinion, this should have replaced the prior statement of
her calling out due to illness.
I also think that the School Board should not have
agreed to the issue starting with the question Was the
School District wrong… this automatically influences the
arbitrator to question the School Boards decision. The
issue could have either been changed to impose the question
of Kimball being wrong, or to a question of a neutral sort.
If I were the School Board I would have proposed this
issue to the arbitrator:
Should Denise Kimball be paid for Tuesday and Wednesday, April 3 and 4, after
calling to inform her place of employment that she would not be in due to the
Three Mile Island Incident of March 30, 1979?
I feel that this issue is not only factual but puts weight
in the School Boards argument.
5b) Although I do not believe that the issue to the
arbitrator was fair to the School Board, if I were the
arbitrator, I would have ruled for the association and Ms.
Kimball. I feel based on the severity of The Three Mile
Incident and the fact that Kimball had a legitament note
from a physician with a diagnosis of environmental stress,
emotional stress, and anxiety, that she should be paid for
the days missed. This right is upheld by the Applicable
Pennsylvania Statutes: School Laws of Pennsylvania under
Section 1154, which is covered in the handout.
The School Boards argument of she was not sick on the
days in question covered in the Position of the School
District section of the handout is pure opinion. The
opinion of the School Board, in comparison to a letter from
a physician, has no weight in the situation. If there were
any facts to back up the School Boards statement they would
have been taken into account. The lack of these facts,
along with the diagnosis from a creditable physician and
support from the laws and regulations of the state reinforce
my decision to rule in favor of the association.