Grievances filed after conversion eliminated position
When Kemptville District Hospital converted its long-term care unit to accommodate convalescent care patients, Lauri Presley’s job was eliminated.
Presley had worked at the Ontario-based facility more than a decade as an RPN (registered practical nurse) team leader when she was given her layoff notice. Following the conversion, her position was eliminated and the hospital created the new position of "registered nurse team leader" to oversee the convalescent care patients.
Presley filed grievances though her union, the International Union of Operating Engineers (IUOE) Local 772.
Two of the grievances claimed the elimination of the RPN team leader position contravened the collective agreement, a third grievance asserted non-union staff members were performing bargaining unit work following the unit conversion and the final grievance claimed harassment and discrimination.
There was little evidence supporting the grievance of harassment and discrimination as the union did not address the issue in its final argument. It was therefore dismissed.
Concerning the remaining grievances, the union asserted the employer improperly contracted out work of the bargaining unit when it created the position of registered nurse team leader to take over the duties previously performed by Presley.
According to the union, the creation of a new role in another bargaining unit of the hospital amounted to a contracting-out of work.
The employer, however, claimed its actions were a legitimate exercise of management rights.
Aside from a letter of understanding regarding contracting out, the employer said, there is no meaningful language protecting the work of the bargaining unit in the parties’ collective agreement.
The employer also argued the creation of the registered nurse team leader was necessary as convalescent care patients often require more complex care than permanent long-term patients because of the emphasis on rehabilitation.
A registered nurse role was necessary to provide that care.
Arbitrator Lorne Slotnick dismissed this grievance, finding the employer was well within its rights to organize work as it saw fit. The conversion was an action taken by the hospital for legitimate reasons and protected by the management rights clause in the collective agreement.
"No work was moved outside the hospital’s location, but rather only to employees of this employer in another bargaining unit of the hospital," Slotnick said.
"The work stayed in the same building, and it stayed with the hospital’s unionized employees. In my view, this situation cannot be considered a contracting out."
Concerning the issue of non-union employees performing work previously done by the bargaining unit, the union argued there was an improper performance of duties following the unit conversion as a manager performed certain duties while the registered nurse team leader was being trained.
Slotnick dismissed this grievance, ruling management only performed bargaining unit work for a short period of time.
The work was not moved from unionized staff to management, Slotnick said, but rather performed by management only as necessary during a training period.
"It appears the hospital was not as straightforward about its intentions and its reasons as it could have been," Slotnick said.
"While this may explain the genesis of the grievances, it does not lead to the conclusion that the hospital’s actions violated the collective agreement."
Reference: Kemptville District Hospital and the International Union of Operating Engineers. Lorne Slotnick — arbitrator. Carole Piette for the employer, Craig Stehr for the union. Aug. 6, 2015.
