Question
East Ives Medical Associate (EIMA) is a private healthcare provider. Ongoing concerns about nurse staffing levels led to a new collective bargaining agreement between EIMA
East Ives Medical Associate (EIMA) is a private healthcare provider. Ongoing concerns about nurse staffing levels led to a new collective bargaining agreement between EIMA and the nurse's union, which represents all of the nurses at EIMA. Despite the new agreement, understaffing caused by EIMA's failure to replace departing nurses remained a problem. Although they did not file formal grievances, the nurses protested by placing a sticky note on the locker of each departed nurse. Additionally, in 2022, leadership from the union presented a petition, signed by over sixty employees, to management. The petition bemoaned a lack of staffing and demanded specific changes to achieve compliance with the nurses' contract and to address understaffing.
Catherine Young is one of the nurses at EIMA. She submitted a letter to the editor of the Ives Sun, a local newspaper. In her letter, she described the struggles faced by EIMA nurses, described petition submitted by the union, and urged management to enforce the staffing level as stipulated in the contract. Her letter said: "Safe staffing saves lives. Hospital management should be accountable for our workplace rights and your quality of care." Young did not discuss her letter with any other employee prior to submitting it.
Hours after the publication of Young's letter, EIMA terminated her employment, reasoning that Young's letter might cause community distrust in EIMA.
In your analysis, consider the following four steps:
1) What is/are the legal question(s)?
2)What is the applicable legal principle for each question?
3)Analyze the fact according to the legal principle.
4)Provide a conclusion. You may cite any of the cases we have learned by today (February 13) for this hypothetical.
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