Castillo
Castillo v. Long Beach Memorial Medical Center
Opinion
Lead Opinion
Pregerson, J.
ORDER GRANTING MOTION TO REMAND
Presently before the court is Plaintiffs’ Motion to Remand. Having considered the submissions of the parties and heard oral argument, the court grants the motion and adopts the following Order.
I. Background
Defendants Long Beach Memorial Medical Center (“Long Beach Memorial”) and Miller Children’s Hospital Long Beach (“Miller Children’s Hospital”)(collectively “Defendant Hospitals”), jointly employ Plaintiffs, Elizabeth Castillo (“Castillo”) and Chris Marker (“Marker”). (Compl. ¶ 8.) Castillo and Marker are both members of the California Nurses Association (“CNA”). (Notice of Removal ¶ 4.) Long Beach Memorial, Miller Children’s Hospital, and the CNA are parties to a collective bargaining agreement (“CBA”). 1 (Notice of Removal, Ex. B.)
Article 25 of the CBA provides for alternative ten and twelve hour workweek schedules for hourly employees. (Notice of Removal, Ex. B.) For Registered Nurses on a ten hour schedule:
(Notice of Removal Ex. B, at 23.) Twelve hour shift RNs “will be paid the twelve (12) hour rate for all hours worked. P(aid) T(ime) 0(ff), paid educational days, jury duty bereavement, and any additional shifts scheduled for eight…