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Carmen is a nurse at Langley Memorial Hospital in the BCNU [Nurses'] bargaining unit. She works rotating 12-hour shifts that average out to full-time employment.

Carmen is a nurse at Langley Memorial Hospital in the BCNU [Nurses'] bargaining unit. She works rotating 12-hour shifts that average out to full-time employment. This week she has two (2) day shifts, a day off then two (2) night shifts after which she has a string of days off. On her second day shift [8am to 8:30pm i.e. 12.5 hours including the lunch break] her supervisor asks her to work three (3) hours overtime [OT] i.e. until 11:30pm.


Collective Agreement

Use theApril 1, 2019 to March 31, 2022 Nurses' Bargaining Association collective agreement posted on Moodle.


Assignment

With reference to the collective agreement and the BC Employment Standards Act, answer the following questions. SAVE THE FORM AS A PDF and submit the completed form on-line to the course website.


Question Insert Your Answer Below

1. What rate will she be paid for the overtime? E.g.: 2.0x (double time) or 1.5x (time-and-a-half)? What are the total hours that Carmen will be paid on her second day shift? Be very specific about all of the hours



2. What article[s] did you rely on to answer question #1? Be very specific and list all.



3. Can the supervisor REQUIRE Carmen to work the overtime in an emergency?

Bold your answer inRED

Yes


No

4. What article or articles do you base your answer to question #3 on?


list only the relevant articles

5.Is there a seniority-based right to overtime in the collective agreement, assuming automated call-in technology has been implemented?

Bold your answer inRED


Yes


No

6. If Carmen were not in a union, her overtime pay would be as per the Employment Standards Act. In that case, how many total hours of pay would she receive for this entire day if she worked until 11pm?

[Assume that her regular shift hours are at straight time under an averaging agreement per the ESA. Translate the O/T into regular hours and total ALL of the hours.]. Please show your work.

hours total pay

7. Charlie and Sunita are both general duty nurses [Direct care 1] who apply for a promotion to a job as a clinician [Direct care 2A category]. Sunita got the job.Here are the facts:

  • Charlie: 10 yrs seniority
  • Sunita: 9 yrs seniority
  • Both apply for the promotion
  • Both have the following qualifications: R.N., B.Sc.N., BCIT Specialty care course.
  • Sunita worked for 3 months as a clinician last year when another employee was away on sick leave. Carmen just passed the BCIT course 4 months ago while Sunita passed it 18 months ago.

You are the union shop steward that Charlie approaches for assistance. Write Charlie's grievance relying on the Nurses' B.A. collective agreement (12 lines should be your maximum). You must CLEARLY lay out your argument and connect it to the words in the CA!!:











8. NOW you are the HR Officer that the nursing unit manager comes to with Charlie's grievance in her hand. The manager wants to deny the grievance and is seeking your assistance in drafting the reply. Reply DENYING Charlie's grievance (8 lines or fewer & state your reasons using either FACTS or the LAW or both.) Use the Nurses' B.A. collective agreement posted on Moodle.
















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