Question
The case study involves analyzing issues and deficiencies in the Collective Agreement between the BC Nurses' Union (as employer) and MoveUp (the union) (the Collective
The case study involves analyzing issues and deficiencies in the Collective Agreement between the BC Nurses' Union (as employer) and MoveUp (the union) (the "Collective Agreement"). The BC Nurses' Union represents over 48,000 nurses. Of the 48,000 nurses, only about 9,000 are Licensed Practical Nurses ("LPNs"). The LPNs only joined the BCNU in 2012. The vast majority of BC Nurses' Union members are Registered Nurses ("RNs"). The top step of the most populated LPNs' salary scale is now $32.98 per hour. The top step of the most populated scale of the RNs is $47.581 . BC Nurses' Union is an independent union. MoveUp is a local of a provincial union and the local represents under 100 members in support staff positions. The term of the Collective Agreement is January 1, 2016 - December 31, 2022. The Collective Agreement is available via Blackboard. The BC Nurses' Union operates on a January 1 - December 31 fiscal year. The first part of the case study relates to an issue that may come up between the parties with respect to interpreting the Collective Agreement. Specifically - salary. On Page 34 of the Collective Agreement, the salary grid for January 1, 2020 - December 31, 2020 is provided. At page 35 of the Collective Agreement, it states: Effective January 1, 2021 - December 31, 2021 (Equal to NBA negotiated increases (excluding any market adjustment) Effective January 1, 2022 - December 31, 2022 (Equal to NBA negotiated increases (excluding any market adjustment) The 2019-2022 NBA (Nurses' Bargaining Association) collective agreement, negotiated after the MoveUP Agreement was agreed to, runs for the government fiscal year - April 1 - March 31. It gave Registered Nurses a 2% increase on April 1, 2019, 2020 and again, April 1, 2021. The 2% per year was the BC Government's mandate. Although the 2% per 1 These rates come from the 2019 - 2022 NBA Collective Agreement year was also applied to the LPNs; salary grid, it was not applied uniformly and the top tep was given bigger increases than the other steps. The top step of the main salary scale for Licenced Practical Nurses was increased by 2.2% on April 1, 2019, 2.8% on April 1 of 2020 and 3.0% on April 1, 2021. The NBA and the Health Employers Association of BC have not started to negotiate the renewal of their 2019-2022 collective agreement - as such, it is unknown what salary increase the BD Nurses; Union migt get in 2022. Members of MoveUp received a 2% increase on January 1, 2021. Problem: What are the options for the employer with respect to salary for MoveUp employees on January 1, 2022, and what possible responses would you expect from What is the likely outcome. Format of answer: You are to write a briefing note for the Chief Operating Officer of BCNU to provide advice with respect to the best approach to this problem. The briefing note should contain 6 distinct sections: 1. Issue(s) 2. Relevant Facts 3. Applicable law 4. Options available 5. Analysis 6. Recommended action(s) The first section will be very short and only identify the issue (or issues) that are being dealt with given the specific problem. The second section should identify the relevant facts which means identifying only those facts that if changed might have an impact on the analysis or recommendation. By way of example, the fact that BC Nurses' Union represents over 48,000 nurses is not particularly relevant to this problem, but the fact that MoveUp received 2% on January 1, 2021 is. Once you have identified the relevant facts, your briefing note should then outline the options that are available to the employer. In this section, you should only outline the options and not do any analysis of those options. Only reasonably viable options should be included. You should provide enough detail about each option so that the option could be completely understood by someone only marginally familiar with the problem. This section should not involve much text. The fourth section should be a summary of the law that could potentially affect the analysis and recommendation. It should only cite legal principles, not apply them. In the fifth section you should review each option and discuss how that option might play out and what you ultimately think would happen if that option is selected. Finally, based on your analysis, in the sixth section you should indicate what option you think the employer should pick. That choice of option should logically follow from your analysis
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