Grievance Letter

1. Name:
Jenny’s Overtime & Julie’s Grievance: BCNU
Facts
Jenny is a nurse at Surrey 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 [8 am to 8:30 pm i.e., 12.5 hours including the
lunch break] her supervisor asks her to work three (3) hours overtime [OT] i.e., until
11:30 pm.
Collective Agreement
Use April 1, 2019, to March 31, 2022, Nurses’ Bargaining Association collective
agreement.
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 online 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 Jenny will be paid on her second-day
shift? Be very specific about all of the
hours
Jenny worked a total of 3 overtime
hours. So, for the first two hours, she
will be paid 1.5 times her basic hourly
pay and for the remaining 1 hour, she
will be paid 2 times her basic hourly
rate. So, Jenny will be paid for a total of
15 hours.
2. What article[s] did you rely on to answer
question #1? Be very specific and list all.
Article 27.05 (A) and (B) “Overtime Pay
Calculation” are used.
Article 26.01 is also used.
3. Can the supervisor REQUIRE Jenny to
work overtime in an emergency?
Bold your answer in RED
Yes
No
4. What article or articles do you base your
answer to question #3 on?
Article 27.01 (B)
5. Is there a seniority-based right to overtime
in the collective agreement, assuming
automated call-in technology has been
implemented?
Bold your answer in RED
Yes
No
6. If Jenny 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 11 pm?
[Assume that her regular shift hours are
According to ESA, Jenny would have
been paid a regular salary for the first 8
hours of her shift (till 4:30 pm), and 1.5
times her regular pay for the next 4
hours (till 8:30 pm). Till 11 pm, her pay
would be 2 times her regular pay. So,
VANDANA NARWAL

2. at the 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.
the total hours of pay would be 8 at
regular pay, 4 at 1.5 times and the rest
3 at 2 times.
7. Julie and Parm are both general duty nurses [Direct care 1] who apply for a
promotion to a job as a clinician [Direct care 2A category]. Parm got the job. Here are
the facts:
 Julie: 10 yrs seniority
 Parm: 9 yrs seniority
 Both apply for the promotion
 Both have the following qualifications: R.N., B.Sc.N., BCIT Specialty care course.
 Parm worked for 3 months as a clinician last year when another employee was
away on sick leave. Julie just passed the BCIT course 4 months ago while Parm
passed it 18 months ago.
You are the union shop steward that Julie approaches for assistance. Write
Julie’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!!:
We want to draw concern towards the recent promotion made for the clinician position.
Julie has been working as a general duty nurse with 10 years of seniority at Surrey
Memorial hospital. She recently passed the BCIT Specialty care course too along with
my other required qualifications for the job. However, the promotion wasn’t offered to
her clinician position. According to article 18.01 (A), We request on behalf of Julie the
reasons for not considering her for the job. The job position is offered to another nurse
with less seniority and a long gap in her job-related studies. We want to know valid
reasons to help her in making future applications.
Kind regards
Union Shop Steward
8. NOW you are the HR Officer that the nursing unit manager comes to with Julie’s
grievance in her hand. She wants to deny the grievance and is seeking your assistance
in drafting the reply. Reply DENYING Julie’s grievance (8 lines or fewer & state your
reasons using either FACTS or the LAW or both. Use the Nurses’ B.A. collective
agreement):
Your request to reconsider the new Clinician’s job has been reviewed. Upon careful
consideration, it is found that your request cannot be processed further. The job
requires more than seniority and recent qualification status. Having experience as a
clinician is a major factor that we considered in hiring the right person for the job which
is why the job was offered to another applicant.
Kind regards
Nursing Unit Manager