5a) If I were on the School Board I would not have agreedto the issue framed for the arbitrator. I believe that theissue was not neutral, rather that it favored theassociation and Ms. Kimball. Statements in the issue suchas, …when the grievance absented herself from work forillness…, support Kimballs argument. In the Position ofthe School District section of the handout, the School Boardstates that when Kimball called in to report the absence shesimply informed the district that she would not be in. Inmy opinion, this should have replaced the prior statement ofher calling out due to illness.
I also think that the School Board should not haveagreed to the issue starting with the question Was theSchool District wrong… this automatically influences thearbitrator to question the School Boards decision. Theissue could have either been changed to impose the questionof Kimball being wrong, or to a question of a neutral sort.
If I were the School Board I would have proposed thisissue to the arbitrator: Should Denise Kimball be paid for Tuesday and Wednesday, April 3 and 4, aftercalling to inform her place of employment that she would not be in due to theThree Mile Island Incident of March 30, 1979?I feel that this issue is not only factual but puts weightin the School Boards argument.
5b) Although I do not believe that the issue to thearbitrator was fair to the School Board, if I were thearbitrator, I would have ruled for the association and Ms.
Kimball. I feel based on the severity of The Three MileIncident and the fact that Kimball had a legitament notefrom a physician with a diagnosis of environmental stress,emotional stress, and anxiety, that she should be paid forthe days missed. This right is upheld by the ApplicablePennsylvania Statutes: School Laws of Pennsylvania underSection 1154, which is covered in the handout. The School Boards argument of she was not sick on thedays in question covered in the Position of the SchoolDistrict section of the handout is pure opinion. Theopinion of the School Board, in comparison to a letter froma physician, has no weight in the situation. If there wereany facts to back up the School Boards statement they wouldhave been taken into account. The lack of these facts,along with the diagnosis from a creditable physician andsupport from the laws and regulations of the state reinforcemy decision to rule in favor of the association.
