Deepak works for the city hospital as a supervising nurse in his unit. His hospital was recently

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Deepak works for the city hospital as a supervising  nurse in his unit. His hospital was recently forced to  reorganize some of its units in response to budgetary cutbacks. In the reorganization, the supervisory position that Deepak held was eliminated from the hospital. Deepak was reassigned to another position in the same unit at the same rate of pay. The collective agreement between the hospital and the nurses’ union includes a provision that expands the definition of “layoff” to include a reduction of the nurse’s work hours or reassignment to a different area. Should a layoff occur, the nurse is entitled to use a bumping provision in the collective agreement to secure a junior position. Deepak’s union filed a grievance, arguing that he was laid off because he was displaced from his area of assignment, and therefore should have been entitled to his layoff rights in the collective agreement. Deepak would have preferred to bump a junior employee from a position on the unit that he thought would be more enjoyable, rather than take the one assigned to him by the hospital. The hospital argued that its management rights include the right to re-assign workers as needed, and that Deepak did not qualify for bumping rights because he was not laid off. Should Deepak be able to bump the junior employee for a position he would prefer? Support your position.

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Managing the Law The Legal Aspects of Doing Business

ISBN: 978-0132164429

4th edition

Authors: Mitchell McInnes, Ian R. Kerr, J. Anthony VanDuzer

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