Question: Read the following case and answer the questions listed below. (15 marks) Sturgeon Community Hospital, St. Albert AB Patricia Abdul was one of several hospital

Read the following case and answer the questions listed below. (15 marks) Sturgeon Community Hospital, St. Albert AB Patricia Abdul was one of several hospital orderlies working in the orthopedics ward of Westiview Health Centre, Stony Plain, hospital services a large number of francophone patients, some of whom are unilingual French speaking (only speak French). The job of nurse's aide in the dialysis unit of the hospital was posted. The position involves significant amounts of interaction with patients. There is one nurse's aide on duty who moves patients to and from beds, provides snacks, and answers call signals for assistance. He or she does not provide any medical treatment or nursing care, but may have to communicate patient problems to a nurse. The collective agreement provided that "In matters of promotion and staff transfers, appointments shall be made of the senion ap able to meet the normal requirements of the job." The collective agreement also prohibited discrimination on a number of grounds, including language. Abdul applied for the nurse's aide position. The hospital referred to a policy requiring nurse's aides in the dialysis unit to be bilingual and awarded the position to an employee with less seniority, who spoke French and English. Abdul had managed to get by when communicating with francophone patients in the past, using her limited French and sign language. However, both times Abdul had the French proficiency tests provided by the hospital, she had received a failing grade. Abdul filed a grievance claiming that she should have been awarded the job. The matter has gone through the grievance process. Questions: 1. What arguments might the Union make at the arbitration hearing? Your answer will be graded on your use of both course concepts and case facts in framing your arguments. (4 marks) 2. What arguments might the Employer make at the arbitration hearing? Your answer will be graded on your use of both course concepts and case facts in framing your arguments. (4 marks) 3. Explain the decision, rationale, and remedies you expect the Arbitration Panel to make. Your answer will be graded on your of both course concepts and case facts in framing your decision, rationale, and remedies. ( 7 marks)
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