UUESTION 23 Case Study: (18 marks) Rolf Smith was one of several hospital orderlies working in the orthopedics ward of Ottawa Hospital. The hospital serves a large francophone patients, some of whom are unilingual French-speaking. The job of nurses' aides in the dialysis unit of the hospital was po position involves significant amounts of interaction with patients. There is one nurses and on duty who moves patients to and from beds snacks, and answers call signals for assistance. He or she does not provide any medical treatment or nursing care but may have to com patient problems to a nurse. The collective agreement provided that in matters of promotion, and staff transfer appointments shall be made of the senior applicant ab the normal requirements of the job." The collective agreement also prohibited discrimination on a number of grounds, including language, Smith applied for the nurses and position. The hospital referred to a policy requiring nurses` aides in the dialysis unit to be bilingual and the position to an employee with less sensorty who spoke France and English Smith had managed to get by when communicat francophone patients in the past, using his limited French and sign language. However, both times Smith had taken French proficien provided by the hospital, he had received a failing grade. Smith filed a grievance claiming that he should have been awarded the job Questions on the case: a What arguments might the union make at the arbitration hearing? (5 marks) b What arguments might the management make at the arbitration hearing? (5 marks) c What other considerations would you consider as part of the decision? (3 marks) d Explain the decision if you were the arbitrator. Is there an alternative decision to consider? (5 marks) UUESTION 23 Case Study: (18 marks) Rolf Smith was one of several hospital orderlies working in the orthopedics ward of Ottawa Hospital. The hospital serves a large francophone patients, some of whom are unilingual French-speaking. The job of nurses' aides in the dialysis unit of the hospital was po position involves significant amounts of interaction with patients. There is one nurses and on duty who moves patients to and from beds snacks, and answers call signals for assistance. He or she does not provide any medical treatment or nursing care but may have to com patient problems to a nurse. The collective agreement provided that in matters of promotion, and staff transfer appointments shall be made of the senior applicant ab the normal requirements of the job." The collective agreement also prohibited discrimination on a number of grounds, including language, Smith applied for the nurses and position. The hospital referred to a policy requiring nurses` aides in the dialysis unit to be bilingual and the position to an employee with less sensorty who spoke France and English Smith had managed to get by when communicat francophone patients in the past, using his limited French and sign language. However, both times Smith had taken French proficien provided by the hospital, he had received a failing grade. Smith filed a grievance claiming that he should have been awarded the job Questions on the case: a What arguments might the union make at the arbitration hearing? (5 marks) b What arguments might the management make at the arbitration hearing? (5 marks) c What other considerations would you consider as part of the decision? (3 marks) d Explain the decision if you were the arbitrator. Is there an alternative decision to consider