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HomeMy WebLinkAbout1986-0051.Mallette et al.89-12-22EMPLOY.%DELA COURONNE DEL’ONTARIO CQMMISSION DE REGLEMENT DES GRIEFS 180 WNOAS STREET WEST. TORONTO. ONTARIO. t&G US- SUlTEZlW TELEPHONE/T&kPHONE ,.w, RUE CUNOAS OUEST, TORONTO, (ONTARIOJ t&C ID. BUREAU 2100 (m3,598-OgsS 51/86, 568/86, 647/86 IN THE NATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Between: OPSEU (Mallette et al, Barrington et al, Howe et al) - and - Grievor The Crown in Right of Ontario (Ministry of Health) Employer Before: E.K. Slone Vice-Chairperson J. Solberg, Member D. Montrose Member For the Grievor; M. Ruby Counsel Gowling, Strathy & Henderson Barristers & Solicitors For the Employer: L. McIntosh Counsel Crown Law Office, Civil Ministry cf the Attorney General Hearings: October 26, 27, 1987 February 25, 1988 July 11, 12, 1988 August 23, 1988 AWARD This is a classification grievance which calls to mind the ancient philosophical debate, of whether a glass containing half water and half air, is half full or half empty. The aptness of this metaphor.will hopefully become clear later. . , This hearing dealt with twenty-five individual grievances which were consolidated upon the consent of the parties. We heard some six days of evidence spread over a ten month period between October 1987 and August 1988. At the suggestion of counsel we received lengthy written submissions, the last of which was supplied to us in February 1989. We are grateful to counsel for these very helpful and complete submissions. The Grievors are all Psychiatric Nursing Assistant 2's ("P.N.A. 2's") employed at the Brockville Psychiatric Hospital ("BPH"). That institution is one of a number of regional hospitals which contains a medium security ward, in this case referred to as "ward K". It is the thrust of this grievance that the P.N.A. 2's who are permanently assigned to ward K, or who have performed temporary assignments on ward K, are improperly classified. It is alleged that the institutional setting and the work done on ward K are so unlike the other wards and the duties performed elsewhere in the hospital, that some special recognition by way of a higher classification is justified. It is specifically claimed that the appropriate classification would be "Attendant 2, Oak Ridge", which is the classification applied to certain staff at the maximum security psychiatric wing of the Regional Hospital at Penetanguishene (hereafter referred to as "Oak Ridge"). The union claims this classification to be the best fit, but in the alternative leaves it open to us to direct the employer to find or create a more apt classification should we find that the current one is wrong. To make any sense out of this grievance, one must have some appreciation of the demands placed upon ward K and other medium secure units, by both the health care and criminal justice systems. Normally, persons with psychiatric problems are the concern of the health care system only. Under the Mental Health Act,. persons who present a danger to themselves or others by reason of their mental state, may be hospitalised against their will until such perceived danger has passed. A necessary corrollary of the power to commit is the ability to restrain an involuntary patient from leaving the institution. Thus, locked wards are a necessary feature of a psychiatric hospital, and maintaining some level of security is a necessary if only incidental function of all hospital staff working on a locked ward. However, once a person with manifest psychiatric c 3 problems is charged with a criminal offence, he or she becomes also the concern of the criminal justice system. There are essentially three types of disposition that the criminal justice system may make in the case of an accused person, that will cast an onus upon the psychiatric hospital system: . , Firstly, the court may order an accused person at any time to be remanded for a certain period of time in order that a psychiatric assessment may be made. After such period of remand the accused person must be delivered back to the court, and it is obtious that the hospital staff is responsible to see that the accused person is safely returned into the custody of the court. Secondly, the court may make a finding that an accused person is by reason of mental illness "unfit" to stand trial. Such person is then remanded on a Lieutenant-Governor's Warrant ("LGW") into the custody of a hospital, to be returned to the court to stand trial if and when the accused person has recovered sufficiently to stand trial. Thirdly, an accused person may be found at trial "not guilty by reason of insanity", in which case the only disposition possible under the Criminal Code is for the person to be committed on an LGW into the custody of a psychiatric facility, until a Review Board determines that such person is sufficiently recovered to be released back into the community. In the case of an LGW, there is a legal obligation on the institution to hold the person in "safe custody". A related category of persons is those who while incarcerated after being convicted of an offence, become unmanageable by reason of mental illness and who are transferred by the correctional institution to a psychiatric hospital. It is only fair to note that accused persons on warrants of remand or who have been pronounced unfit, have not been found to have c'ommitted any criminal offence, but nonetheless have become subject to~the added pressures imposed by the criminal justice systems. It is probably also fair to note that those persons found not guilty by reason of insanity have in the vast majority of cases committed crimes that are among the most serious and violent known to our law, such as murder, aggravated sexual assault, arson, wounding and other major offences against the person. These are generally dangerous and unstable people. While from a criminal law standpoint they have been found lacking in the essential mental element to be "guilty" of the offence - the necessary "intent" - it can hardly be a comfort to those people who must maintain custody of such individuals, to know that they either did not understand the nature and 5 quality of the criminal acts, or that they did not know that the acts were morally wrong. In the Province of Ontario, there are two classes of institution that are equipped to accept judicial remands and LGW's. There is the maximum security facility at Oak Ridge, and there are a number of of medium-security facilities spread around the province, including ward K at BPH. We heard no evidence concerning the role, if any, played by minimum security institutions, if such a category is even recognised. While we heard some evidence about conditions at medium security wards at hospitals other than BPH, we do not feel qualified nor are we compelled to comment on those institutions nor to generalize our findings. We will restrict ourselves to ward K at BPH. There is no question but that ward K observes a higher level of security than other wards in the hospital, although some other wards are locked and of necessity staff on those wards must count security among their concerns. But ward K is the only ward in the hospital that receives judicial remands and LGW's, although again it must be observed that there are patients on other wards that can pose equal or greater danger to the staff. The question for us, simply put, is whether the additional 6 demands placed on the nursing staff by the security systems and procedures in place on ward K, cause their jobs to be inappropriately lumped together in a single classification with the nursing staff on other wards. The. secondary question, assuming the initial question is-answered in the affirmative, is whether the P.N.A. 2's on ward K can fit themselves within the job classification of Attendant 2, Oak Ridge, or whether a completely new classification must be created. Before examining the job specifications, we should consider the institutional settings of the two facilities. Oak Ridge is clearly designed on a prison model, where the "patients" can be locked-into their, individual cells; where there are steel bars on the doors and windows; and where security is a paramount concern. By and large, all of the most dangerous and incorrigible male patients in the province are held in this maximum-security facility. Therapy, it would appear, is a secondary consideration, and rehabilitation in many cases a vain hope. Ward K, on the other hand, receives patients who are considered less dangerous or more workable. Many have started out at Oak Ridge and have shown sufficient progress to be transferred to ward K (usually on a "yo-yo clause" that permits ward K to send them back if they prove to be unmanageable). The facility itself is designed on a hospital model, where security - though obviously important - is not the most glaring feature - of the facility. Patients sleep in dormatories, separated by half-walls instead of iron bars. There are a few female patients on the ward, ,as opposed to Oak Ridge where the patient population is all-male. There are strong screens instead of bars on the windows. It is a facility where rehabilitation is a realistic, if occasionally limited objective. While we have focussed on the ,,forensic" patient population, it is a fact that some of the patients on the ward have not been sent there by the criminal justice system, but are civil patients who have been found to require the greater.degree of security and structure offered by the ward, usually because of ext%eme anti-social or aggressive behavior shown on other wards. However, on the evidence before us we must conclude that the civil population on ward K is very small, and the vast majority of patients are forensic, most of them being LGW's. The patients in a medium-security setting are afforded various privileges that patients at Oak Ridge do not enjoy. Essentially, the latter do not leave the ward except for court appearances, medical appointments or emergencies. On the other hand, ward K patients may be routinely allowed out into the community, either escorted by a staff member, or in some cases unescorted. Patients take part in programs such as arts and crafts off the ward, and must be escorted there. The fact of less restrictions on patient movement does not make life easier for the staff, however, who must remain constantly aware of 8 patient whereabouts and must remain secur ity-minded in a variety of different settings. P.N.A. - CLASS STANDARDS The preamble to the P.N.A. series (Ex.4)~ describes the function of P.N.A.'s in the following terms: "Employees participate in and contribute to the treatment and rehabilitation of patients through the provision of general nursing services and personal care in accordance with progrcrmmes devised by the clinical and ward teams to meet patients' needs. They also assist with and instruct individuals and groups of patients in therapeutic a=ctivities such as sports, games and hobbies. "Psychiatric Nursing Assistants have extensive and continuous direct contact with patients and, as members of the nursing team, they have a major responsibility to provide continuity in their daily programmes. They observe, record and report patient behaviour, progress, symptomology, etc., noting. any indications of change. They administer oral medications and assist with or carry out special therapies when qualified or authorised to do SO. As required, they assist and instruct patients in the activities of daily livings such as dressing, eating, personal care, deportment, observance of health practices and safety rules. Under the direction of professional staff or in collaboration with technical staff, they assist patients to participate in sports, hobbies,~ social events, industrial or occupational training. The work is performed on a shift basis. The class standard for P.N.A. 2's reads as follows: "PSYCHIATRIC NURSING ASSISTANT 2" "This class covers the positions of qualified Psychiatric Nursing Assistants who function as members of the nursing team. Under general 9 supervision, they assist patients to become oriented to the hospital environment and to participate in the therapeutic programmes. They instruct and supervise patients in the activities of daily living. They administer oral medications as required: they collect and record information relating to patient and family; they observe, record and report patient behaviour, symptomology, reactions to drugs and other relevant data. Under supervision, they may assist with special therapies such as E.C.T. or apply behavioral techniques. Occasionally, they may be required to assume the duties of supervisory personnel, and be temporarily responsible for a ward or group of patients. SKILLS AND KNOWLEDGE REQUIRED "Demonstrated proficiency in the knowledge and skills of nursing care at the Nursing Assistant level; demonstrated ability to understand and work effectively with the mentally ill; ability to observe and record patient behaviour; ability to maintain good working relationships and follow i'nstructions. ATTENDANT, OAK RIDGE - CLASS STANDARDS The preamble to this series (Ex.5) describes the function of Attendants in the following terms: "ATTENDANT, OAK RIDGE - CLASS SERIES" "This series is intended to recognise the unique conditions prevailing at the Oak Ridge Division of the Ontario Hospital, Penetanguishene. This division is physically separated from the Regional portion of the Ontario Hospital, Penetanguishene and is comprised of a maximum security building to house male patients who have - (a) been committed by the Courts as insane- under the Criminal Code (b) been transferred from Reform Institutions a.9 unmanageable because of mental illness (c) been transferred, after committal to other Ontario Hospitals, as dangerous or unmanageable to a degree beyond the competence of a normal mental 10 institution "Because of these conditions, the Attendant staff at the Oak Ridge Division is required to work continuously under the tension of a maximum security environment and to aid in the therapeutic program dealing with the most recalcitran,t patients. Because of the special nature of the. patients within this Division emphasis is placed on their custody to a degree unknown in the other Ontario Hospitals. Similarly, any escape from the maximum custody of this Division is likely to have much more serious consequences, both in the activities of the escapee and in public reaction to them, than would an "elopement" from a regular Regional Ontario Hospital. This series is designed to acknowledge this additional custodial responsibility. The Class Standard is as follows: "ATTENDANT 2, OAK RIDGE" "CLASS DEFINITION: As qualified Attendants, Oak Ridge, under general supervision employees in positions allocated to this class provide custody and practical nursing care for the male patients committed to the Oak Ridge Division of the Ontario Hospital, Penetanguishene. On a shift basis and following well defined instructions and established procedures, they carry out custodial ward routines in accordance with accepted principles and practices of patient custody and therapy. They are responsible to supervising Attendants, Oak Ridge and may assist in the training of Attendants, Oak Ridge. They are required to exercise tact and patience in their continuous personal contacts with and surveillance of, the patient inmates. "These employees attend to the personal needs of the patients, perform ward housekeeping duties and carry out simple clerical and clinical procedures compatible with their level of training and competence. They assist other attendant staff in providing protection to other Hospital employees and visitors to the Division, maintaining security measures necessary to prevent escapes, ensuring that the patients do not secure potentially dangerous instruments or tools: applying restraint, examining windows, bars and locks and undertaking 11 sentry duty as required. They take custody of patient work parties such as the farm, garden, paint kitchen, Industrial Therapy workshop and similar work groups. They may have temporary responsibility for a ward or other patient grouping in accordance with personal competence. "They keep patients under close and constant surveillance and note and report on any changes in their behaviour pattern or condition and any suspicious acts. They may be required to participate in searches for escapees. They assist in the orientation and adjustment of patients to hospital life and are required to conduct themselves at all times in a manner such as to ensure patient custody; to promote patient therapy and the best interests of the patients, Hospital and the Public. They perform other related duties as required. "QUALIFICATIONS: 1. Grade 10 education, preferably grade 12 and sizccessful completion of the approved course for Nurses Aids and Attendants or an equivalent course in nursing. 2. A minimum of two years of experience as an Attendant 1, Oak Ridge OR a minimum of one year of experience as an Attendant 1, Oak Ridge plus acceptable experience as a Hospital Attendant 2 in another Ontario Hospi.tal. 3. Ability to deal tactfully and effectively with the type of patient committed to this Division; good powers of observation; satisfactory physical stature and condition; ability to cope with emergencies; ability to maintain good working relationships with patients and co-workers alike; ability to follow simple written and oral instructions; good mental health: personal suitability." It is striking that in the class standard for P.N.A.'s, not a single mention is made of the security responsibilities shouldered by the nursing staff. This stands in sharp contrast to the Attendant, Oak Ridge definition which clearly identifies the dual responsibilities of "custody and therapy". 12 POSITION SPECIFICATIONS The position specification for the P.N.A. 2 that was in effect at the time of the grievance (Ex.~), and which we understand has subsequently been changed in immaterial respects only, describes the purpose of the position as: "To assist in the provision of professional nursing care to patients of Brockville Psychiatric Hospital." It goes on to define the duties as the following: "80% Assists in the provision of professional n&sing care to patients of Brockville Psychiatric Hospital by: -assisting in the provision of a therapeutic milieu through counselling patients understanding and applying rehabilitative concepts to all dealings with patients, assisting in the provision of dsily living activities and specialised programs, etc. -assisting in the development, modification and delivery of patient specific nursing plans; -maintaining a current knowledge of patients' physical and psychological needs and status: -observing and recording all pertinent physical and psychiatric nursing data using a problem solving approach; -collecting and recording data through observation, interviews etc.; -assisting in the personal hygiene and safety of patients by bathing, cleaning, feeding patients and performing related housekeeping duties; -performing a variety of nursing measures under the supervision of a Registered Nurse e.g. taking and recording temperatures, pulses, respirations and other vital signs, applying dressings and 13 compresses, collecting specimens, giving skin care, administering oral medications as prescribed in writing by a physician, etc. 10% Maintains patient records by -recording all relevant information according to Nursing policies and procedures; -completing special observation reports, flow sheets, incident and accident reports, etc.; -recording administration of authorised medications and treatment; -assisting in the documentation of admissions, discharges, transfers, leaves etc. 10% Performs other related duties such as: -escorting patients both inside the hospital and outside outings, transfers etc.: -providing health teaching to patient and family; = -participating in ward conferences, multidisciplinary teams, etc.; -providing security and safety measures as designated by Nursing and hospital policy; -as assigned." The position specification for the Attendant 2 at Oak Ridge (Ex.11) describes the purpose of the position as: "To provide nursing care to mentally ill patients in a Maximum Security Hospital and to assist with the administrative duties of assigned ward." The duties and responsibilities are as follows: "25% Participates in therapeutic activities designed to rehabilitate patients by: -as a member of the treatment team, participates as a group leader in therapeutic programs, i.e. Behaviour modification, Social Therapy, Industrial Shop Therapy and Activity Centre; -assisting with the planning of programmes either i 14 for individual patients or for groups, providing feedback on existing programmes, attending ward meetings and patient groups, evaluating patients on the Behaviour Modification Program verbally and in writing: -participating in conferences when in charge of ward or otherwise assigned; -recording in Daily Report Book unusual occurrances or incidents re: patient behaviour or physical needs when in charge of ward; -maintaining a harmonious climate with patients in order to gain and hold their confidence; -recording patients' progress on nursing notes; -ordering prescribed medications; -administering and recording prescribed oral medications and verifying that all prescribed medications are accounted for; -=returning all out of date and non-essential medications; -ensuring that the medication cupboard is. clean and double locked at all times when not in use; -assisting with the examination of patients; 25% Provides care to patients and assists other staff by: -supervising and assisting patients with personal grooming habits, e.g. bathing, feeding, shaving, cutting finger and toe nails, cutting hair, etc.; -taking and recording T.P.R.'s on appropriate record; -anticipating possible disturbances and removing antagonists before trouble develops; -assisting other staff in the performance of all duties related to nursing and security; -answering or referring appropriate patient requests to appropriate people, e.g. duty counsel, information, application for review board. 45% Performs security and ward administrative duties by: 15 -carrying out admission, discharge or transfer procedures; -observing patients' behaviour and reporting all unusual incidents to person in charge; -supervising patients in the dining room, assists with the serving of meals, checking table utensils and ensuring that count is correct; -checking all eating utensils on ward before and after each meal period; -reporting all damaged or malfunctioning equipment on ward to the supervisor; -performing routine checks of bars, grilles, windows and doors on ward and reporting unusual findings to the supervisor; -carrying out routine searches of patients and their personal effects for contraband materials; -'receiving and relaying telephone and other messages; -assisting patients with housekeeping duties, e.g. making beds, tidying up and cleaning rooms, sorting clean and dirty laundry: -escorting patients in and out of hospital, e.g. medical and dental appointments, hospitalisation, court appearances and transfers; -accompanying patients to airing court, overseeing activities and reporting suspicious actions; -assuming charge of ward when assigned; -assisting with the physical restraining of disturbed patients and completing required reports; -maintaining a current knowledge of policies and procedures relative to security and nursing programs, e.g. fire drills, disaster plan, hostage taking, treatment programs; -checking incoming and outgoing laundry; -responding to emergency alarms. 5% Related duties." 16 To ascertain whether the job specification and classification are adequate, we must consider what the employees actually do on a day-to-day basis. We heard a great deal of evidence from current and former staff on ward K, which evidence will not be recited in great detail, but will be summarieed. The differences between the versions offered by the various witnesses were slight and in respect of immaterial matters only. We found the witnesses to be credible and we have no difficulty in accepting the gist of what they said. There are two forms of security systems that must be maintained, the so-called perimeter security and the internal security. The perimeter security prevents unauthorised access to or egress from the facility itself, while the internal security is required to maintain control over the patients within the facility. Insofar as perimeter security is concerned, the following is a list, not exhaustive, of what must be done: 1. The~ward K staff must maintain a double-locked door system. 2. Tight control must be kept of the limited number of keys. 3. The P.N.A. on door duty must scan all visitors with a metal detector. i ,ing staff may need to 4. Searches of visitors and some incom be performed. 5. Visitors meet with patients in a special lounge between the two locked doors, and must be, observed by a P.N.A. The room is searched after each visit. 6. Incoming mail and parcels are opened and checked. I. Maintenance staff coming onto the ward are escorted and briefed by a P.N.A. 8.=~ Special checks of the exercise yard must be done prior to the patients being permitted to use same. 9, All incoming admissions to the ward are thoroughly searched. 10. Patients with off-ward privileges are frequently escorted by a P.N.A., who remains in communication with the ward by means of a walkie-talkie. 11. Regular inspections of windows, fence and door locks must be carried out. Insofar as internal security is concerned, the duties of 18 the P.N.A. include the following: 1. Constant vigilance and security-mindedness is required in all situations. 2. Random searches of living areas, clothing, fixtures and curtains are performed roughly once per week to ensure that no weapons or other contraband are being concealed by the patients. 3. The staff must be thoroughly familiar with the alarm systems, the location of trigger points and the proper proced&es to be employed in a crisis. 4. Up until recently, a count of cutlery in the dining room had to be performed after every meal. Now, plastic cutlery is used and disposed of after every meal. 5. Staff keep custody of all shaving equipment, and supervise all shaving activity. 6. Accurate ward patient counts must be done thrice daily. I. Staff must notify local police whenever a patient has been granted off-ward privileges. 8. Staff dispense lights for patients' cigarettes. 19 9. Staff must maintain specific behavioral guidelines as set out in the unit manual. For example, there are strict limits to the display of any intimacy with patients. 10. Staff keep continuous observation through mirrors strategically placed'in the ward. 11. Elaborate procedures must be followed in the event of an escape, not the least concern being the anticipated reaction of the community at large to the presence of an escapee in their midst. = Insofar as the duties focus on or involve these security functions, is it at all fair to slot these into the 10% of I related duties set out in the job specification? That section of the job specification includes "escorting patients both inside the hospital and outside outings, transfers etc." and "providing security and safety measures as designated by Nursing and hospital policy", but includes other non-security-related duties. The short answer to that question is "no"! Several of the witnesses were asked to estimate the amount of time that they spend on security. We heard estimates of 40% and 50%. Other witnesses simply stated that the security focus 20 on ward K is much higher than elsewhere, in the hospital. The employer's evidence did not succeed in challenging these assessments. While percentages cannot be expected to be precise to any degree, we accept the overall thrust that the security duties occupy a significant percentage of the P.N.A. 2's time and responsibility, by any measure. The job specification and the class standards give no clue whatsoever to the extent that such concerns exist on ward K. The function of a classification system is to identify with reasonable accuracy the core duties or essence of the various classified positions. Where the essence of a particular job, as actually performed, is'not captured by the class standard or even by the job description, the inescapable conclusion is that the job is wrongly classified. The P.N.A. 2 classification is simply too one-dimensional, and while it may be perfectly adequate for P.N.A.'s in other wards, it fails to mirror the true essence of the P.N.A. 2 on ward K. That job's dual responsibilities for therapy and custody are almost equal partners, while the class standard would have one believe that the custody function was at most a tiny minority shareholder. It is argued by the Union that one could take the job specification for Attendant 2 - Oak Ridge, and with relatively minor modifications, adapt it to fit the P.N.A. 2's at BPH. That document (Ex.ll), sets out the purpose of the position in the following terms: 5 21 '; "To provide nursing care to mentally ill patients in a Maximum Security Hospital and to assist with administrative activities of assigned ward." With the necessary substitution of medium for maximum security, that description is quite apt. The Summary of Duties and Responsibilities for that position is broken down into four sections: 25% is assigned to therapeutic activities; 25% is assigned to patient care and assisting other staff (including in security matters); inistrative dut 45% is assigned to security and ward adm ies; and 5% is assigned to related duties. This specification, in our view, goes just a little too far to be considered the perfect fit for the P.N.A .2's at BPH. On the evidence, there is a greater emphasis on therapeutic activities at ward K than at Oak Ridge, which does not allow for a straight equation of the core duties of the two positions. 22 The settings of the two wards and the different patient populations housed therein, determine to a great extent the nature and essence of the jobs performed by the two staffs, and they are not the same. Oak Ridge occupies one end of the spectrum. At the other end are the wards which exist in any hospital and would have their sole or at least primary emphasis on therapy. Ward K is in the middle; the hybrid, the "half-full, half-empty vessel" of our earlier metaphor. To say that it is the same as Oak Ridge is to argue that it is half full. To deny the similarity is to argue that it is half empty. It should also be observed that the Attendant 2, Oak Ridge classiTication was clearly created for that particular institution, and it could be quite confusing to apply it to staff working in other facilities. Thus, we cannot give effect to the argument that the proper classification for the ward K P.N.A. 2's is Attendant 2, Oak Ridge. But that is not to demean in any way the important work done on ward K, nor is it to say that the ward K staff are or ought to be considered inferior to the Oak Ridge staff. On the, evidence before us, we are persuaded that the pressures of a medium serurity unit are considerable. The effect of a slight relaxation to the security system is increased responsibility and a greater stress level on the staff. It is easier for the staff to rest easy knowing that there are elaborate security systems in place, which will protect the staff from the 23 patients, or which will ensure by electronic means that patients are kept from escaping or roaming at large. We heard evidence from some of the witnesses that the recent policies of the hospital administration, designed to humanize the ward and relax the visible element of security, have caused an increase in the stress level of the staff. It was suggested that this relaxation of security was the real reason that these grievances were brought. There may be some truth to that suggestion. It is possible that the increased burden on the P.N.A.'s caused them to be unhappy and look around for some' greater recognition. If they have truly discovered that their classification is wrong, however, there would be no reason to deny them a remedy because they only awoke to the fact by reason of some other, unrelated management action. REMEDY On the matter of remedy, we are not limited to finding that the Grievors ought to be classified in the particular classification claimed. We have the jurisdiction, indeed the duty, to fashion an appropriate remedy when we find an employee or group of employees to be wrongly classified. In the unreported case of Re OPSEU and Berry and the Crown in Riuht of Ontario (Ministry of Social Services); Mar.13, 1986, the Honourable Mr. Justice Reid of the Ontario Divisional Court stated at p.13 of his reasons: 24 “The question that does arise is whether the Board had power to require the employer to find or create a classification for grievers. I think it had that power. Its authority under s.19 of the [Crows Employees Collective Bargaining] Act is untrammeled. It ‘shall decide the matter’. Simply to dismiss the grievances when it acknowledges that the grievers are wrongly classified is to empty the grievance procedure of any meaning. It is a cossonplace of the law that the existence of a right implies the existence of a,remedy. “The employer initiated the process which led to grievers being wrongly classified. The employer alone can create classifications yet it has failed or refused to do so and seeks to take advantage of its failure. Classification is not a mere matter of title, it is a matter of money. The employer has given grievors added responsibility yet refuses to compensate them accordingly. ’ Thus, there is no longer any doubt in law that this Board has the jurisdiction to make an order requiring the employer to find or create a classification that is more appropriate than the one currently in effect. We accordingly are prepared to grant the alternative remedy requested by the grievers. In order that the grievors are not left waiting indefinitely for such to take place, we feel that a time limit should be placed on the employer. While we did not receive any specific submissions on the point, we feel that a period of four months ought to be adequate for the employer, in consultation with the union, to come up with a new classification that gives proper recognition to the hybrid role that the ward K P.N.A. 2's perform, including in almost equal measures, security and therapeutic components. If this time is considered by either party to be inordinate , we are prepared to entertain.further submissions, and, accordingly remain seized of the matter for the purpose of dealing with that and any other matter relating 25 to the implementation of this award. We note that counsel have specifically asked us not to deal with any of the monetary issues that arise out of the reclassification, and we accordingly leave those to be worked out by the parties, to be dealt with by us only if required. In the result, therefore, the grievances are allowed and the employer is ordered to reclassify the grievers within four months of the date these reasons are released. Dated at Toronto this 22nd day of December, 1989. = Eric K. Slone, Vice-Chairperson t.1 n b-3 D.C. HontAxe, Member