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HomeMy WebLinkAbout1987-1502.Arbuckle et al.90-04-24 ONTARIO EMPLOYES DE I-A COURONNE CROWNEMPLOYEES DECONTARIO GRIEVANCE COMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST, TORONTO, ONTARIO. M50 1Z8-SUITE 2100 TELEPHONE/TELEPHONE 180,RUE DUNDAS QUEST, TORONTO, (ONTARIO) MSG 1Z8-BUREAU 2100 (416)598-0688 1502/87, 1503/87 , 1504/87, 1505/87 , 1506/87 , 1507/87 , 1508/87, 1509/87 IN THE MATTER OF AN ARBITRATION under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN: OPSEU (Arbuckle et al ) Grievor - and - The Crown in Right of Ontario (Ministry of Government Services) Employer BEFORE: B.B. Fisher vice-Chairperson I . Thomson Member E. Orsini Member FOR THE R. Stoykewych GRIEVOR: Counsel Cavalluzzo, Hayes & Lennon Barristers & Solicitors FOR THE L. Thomson EMPLOYER: Counsel Hicks Morley Hamilton Stewart Storie Barristers & Solicitors HEARINGS: July 28, 1989 August 14, 1989 December 5, 13 , 1989 March 8, 1990 c DECISION This is a classification grievance involving two grievors, Ms. Harrison and Ms. Downey. Both of the grievors are employed as Occupational Health Nurses with the Ministry of Government Services. They are presently classified as Nurse I, Clinic. The parties agree that in the event that it is found that Nurse I Clinic is not the appropriate classification, then the Board should order the Employer to create a new classification along the lines of the Berry award. The Nurse I Clinic classification is part of the Scientific and Professional Services Category. The relevant portion of the classification is set out in Appendix A to this decision. Evidence relating to Ms. Harrison: At the time of the grievance this grievor was employed at the Macdonald Block Health Centre. Although extensive evidence was Ied by the Union as to Ms. Harrison's duties and responsibilities, both parties generally agreed that those duties were accurately set forth in her job specification, which is attached as Appendix B to this decision. Evidence Relating to Ms. Downey: The grievor's job description is set out in Appendix C to this decision. The notable aspect of the grievor's position is that she works in a one nurse unit, therefore, she has no on-site supervision, although she reports on a monthly basis to a Head Nurse. She furthermore has access to both senior nursing and medical staff through the telephone. Union's position: In Ms. Harrison's case, the Union's position is that her job duties exceed the Class Standard in three ways: 1. Clinical Tests - The evidence discloses that she performs a number of important occupational health tests on patients herself, without any direct medical supervision. This is in direct contrast to the Class Standard which indicates that it is the nurse's role to "arrange appointments for....tests....by the medical staff', which instead implies a clerical or administrative role. She also does inoculations and 1 - 2 - vaccinations herself which, although are prescribed by a doctor, are administered by her alone. Again the Class Standard only makes references to the nurse arranging appointments for inoculations and vaccinations by medical staff. These changes are not simply-cosmetic, rather, they reflect a fundamental departure from the traditional role of the nurse being a "handmaiden" to the doctor to that of an independent health professional working alongside other medical staff. 2. Primary Care - The evidence disclosed that the nurse, through the operation of a nursing care plan, performs hands-on nursing care well in excess of that contemplated by the Class Standard. The Employer's sole witness, Ms. Isabelle McKenzie, Co-ordinator of Nursing and Administration, agreed that the primary nursing care performed by both grievors exceeded what is referred to in the Class Standards as "emergency and first aid nursing care under medical supervision". 3. Health Programmes - The evidence was quite clear that the grievor's duties in designing and delivering various 'wellness"programmes greatly exceeded the Class Standards in which reference is made to the fact that nurses "explain health programmes, distribute health literature and periodicals and perform other related duties as required". In Ms. Downey's case, the Union maintained that her job duties exceeded the Class Standard primarily in the aspect of primary care. The Union relied on the same arguments referred to in Ms. Harrison's case and stressed that Ms. Downey worked without physical supervision and was responsible for follow-up care. Ms. Downey also gave inoculations and vaccinations herself, rather than simply setting up appointments for these matters. Management's Position: The excerpts of the Class Standard referred to by the Union are not meant to be examples of the duties contemplated by the Class Standard, rather they are add-on functions to the basic duties'as contained in the phrase "professional nursing work". The use of words"their service is mainly preventative, directed particularly to the early detection of disease, involving health counselling and health education" implies a hands-on continuing follow-up nursing practice. - 3 - Similarly, the use of the terms "emergency and first aid nursing case" is an addition, not a 4 limitation, on the Class Standards reference to preventative medicine. The reference to making appointments is also meant, not as a limitation but as an add-on, in that the giving of inoculations and vaccinations is contemplated within the meaning of the words "professional nursing work". The Employer further stressed that increased sophistication did not in itself take the position out of the Class Standard. There was also no dispute that the nature of nursing has evolved in the last 20 - 30 years but these changes are incorporated within the meaning of the term"professional nursing work". Decision: There is no doubt that a comparison of various skill levels shows that the following statements are true: Z. Providing primary nursing care as described in the Position Specifications is more complex and involved than is contemplated by the words "emergency and first aid nursing case" as set out in the Class Standard. 2. Performing tests, inoculations and vaccinations requires a far greater skill and involves much more responsibility than simply arranging appointments for someone else to perform these tasks. 3. Developing, implementing and delivering group wellness programmes is more complex and requires a higher level of skill than explaining health programs and distributing health literature. According to the Employer's argument, the references in the Class Standards to"emergency and first aid nursing care"and"arranging appointments" and"distributing health literature" are extra duties beyond those normally found within the description of"professional nursing work". In other words, the drafters of the Class Standard included these lesser duties in the job description of the nurse to complete the duties of the nurse,rather than as examples of what they contemplated within the meaning of the term"professional nursing work". I� - 4 - This however, would appear to be a rather strange way of drafting a job classification, where the purpose of the job classification is to set out the core duties of a job. If this logic of interpretation were to be followed one could imagine, for instance, a Class Standard for a government lawyer to read as follows: "Employees in this position perform professional lawyer's duties under supervision, usually in an office setting. These employees provide legal services and advice to senior Ministry Officials. In addition to arguing cases before all courts of the province and providing legal opinions on complex issues, these employees fetch their own coffee, photocopy cases, make their own appointments and notarize documents." It seems more logical and consistent with other Class Standards that this Board has reviewed to consider the references in the second paragraph of the Class Standard as being put forward as examples of the core duties of the job that are contemplated by the Class Standard. In other words, we can understand what the drafters meant by the term "professional nursing work"by looking at the specific examples set out in the Class Standard. When one looks at these specific examples, it is obvious that the role contemplated by the drafters of the Class Standard is significantly different from the duties performed by the grievors. These differences are set out in the first paragraph of this subheading and do not require repeating. Furthermore, these differences are of a qualitative nature, indicating not just a minor change in the procedural or technological aspects of the job, but rather a fundamental difference in the role that the Occupational Health Nurse now plays in the health field. Simply put, there is a world of difference in arranging appointments for someone to have a vaccination by a doctor and performing the vaccination yourself. There is a world of difference between handing out pre-printed health pamphlets on how to stop smoking and designing, researching and delivering a group smoking cessation programme. These differences are fundamental enough that the existing Class Standards no longer properly apply to the grievors. - s - As the parties agree that no other existing classification is appropriate, the Employer is ordered to develop a new classification to cover the grievors. This reclassification is to take place within six months of the date of this award. The grievors are to be compensated from the date which is twenty days prior to the filing of the grievance. The award of compensation shall include a provision for interest. This Board shall remain seized of any problems involving the implementation of this decision. DATED at Toronto this 24th day of Apri 1 , 1990. Bar i er - Vice Chairperson I. %T:homson , Member E. Orsini Member r I�a.1 t P031t101711 Specification i Claw AHocallon-CSC $15 ow i-4,.,+I APPENDIX "B" (Reler to back of lorm lot complelmn instructions) For CSC Oam reCe.ved Prwious aerial number New series numaer ute only No• 1.Position 111fe POUti n Co Pae,tlon YdenUtier lase nw.+ Occupational Health Nurse 110-47 1 5ch.Mn.War k M.P.T,Potn.only) cislj I �as�wew renew a a+w teat,n sop"w.l Codeitl unglonai rode b.! w.et © spnrq❑ s.,.nw ❑ e.r C3 Position imp Pat�tipn C. Class title a a 5�PV,S.d.aOCCupattonal Health Nurse 11110-47 Nurse ���>nic - 50070 Mi-stry Division Government Services liuruan Resource Services Branch antl action Location a OC. 9ae Employee Services, Employee health Services Macdonald Block 6450! No.al plaCat ro..Wt group iaada/thip to: 1:mmoduitsSutismiscri U[ia uoervieor'1 position Code No.of positions No.Of places 6 - - head Nurse, emergency and Treatment 18-1110-45 2.Purpose of position)why doe this position faitl?l To adapt and apply the specialized principles of Occupational Health Nursing when providing primary care and occupational health surveillance for Provincial Government Employees, to promote good health practices and prevent occupational and non-occupational illness and injury considering health education as an essential part of all services. 3.Duties and related tasks)what is employee required to do.how and why?Indicate percentape of time spent on Sub duly) 1. provides Occupational Health Nursing in the Health Centre and the employee work location throughout the province by: 30Z - performing employment interviews to identify employees at risk for both occupational and non-occupational diseases; - carrying out Occupational Healtfa Surveillance Programs as prescribed by the various Regulations under the Occupational Health b Safety Act and the Medical Directives for monitoring the hazardous effects of exposure to materials, etc. in the work environment, such as noise, solvents, lead, silica, dioxin. V.D.T.'s and other substances; - conducting,s"greh�nsive health asseasmenra to identify and monitor employees at risk in the workplace; carrying out test procedures such as audiometric and vision tests, venipuncture. urinalysis, spirometry, etc.; discriminating between normal and abnormal findings and evaluating what findings need referral; interpreting these procedures and providing the related health education for the prevention of occupational illness and/or injury; - obtaining the employees medical and work history for hazardous exposures, and performance problems and doing the various tests. including SCC, hemoglobin, etc. and providing the pertinent health teaching - all performed as part of the client's medical examination; - participating in the Hearing Conservation Program, both in the Health Centre and at work location, by obtaining the hearing history; performing the sudiogramt assessing the results, providing appropriate health teaching for protection of hearing and making specialists referrals according to the established medical criteria; there should also be consideration of eligibility for N.C.H. according to established medical criteria; (cont'd.) - 4.Skills and knowledoe required to perform iob at full working isvel. llndiats awdalary credentials o liew at,If sooueabfel Registration as a nurse in Ontario with a current certificate of competency from the College of nurses. Knowledge and/or experience in Occupational Health Nursing. Skills and knowledge in the areas of health education, counselling, environmental and public health. Ability to perform CPR. (cont'd.) 5.Sipnsturs imm".ale Suparvnor Date Ministry official Date A Day Month Year ,y�g+• 0'V Month Yaw Tvoe Suparersor"s name t Vol 011sew't fteme and thla Geraldine Graham G. Browne, Director 6.Class atloeat.on Ctau tine Ctau coca Oecupelionaf WCUV nun War 8flecswa dare Coy month Yeu Nurse L, Clinic 50070 SP-06 01 1 03 87 I hsve dauified this poutian in accordance with the Civil Service Commission Claudication hur-4ods for the following reason: n Under the supervision of the )lead Nurse the position provides primary care and occupational heath surveillance nursing services directed to early detection of disease and/or other health problems. Work is performed in a Health Centre or at employee's work location and involves promoting s. health awareness, conducting tests, innoculations, recording treatments and completing reports. c Ttte position is responsible for health education such as Back Care, Smoking Cessation, Glaucoma Screening, etc., counselling and referrals to employees for identified problems, e.g. alcoholism. drug abuse, etc. n ipnstura 0 atlt)lariasd a twlOr eta Type ewlualot'e name Day Month You ()"7 I r;q Personnel Administrator 75aDto?![Rw 1 till - 7 _ lDUTIES AND RELATED TASKS i. (cont'd.3 - maintaining contact with the employees regarding teat resin - following established procedures for Workers' Compensation 6ourdl withp client• who have occupational injuries or illness; - liaison with Health & Safety officers, management and employees in matters pertaining to health and safety; - scheduling clients for national and/or international immunization; - administering vaccine as per protocol and advising employees on health and safet} precautions for travel abroad. 2. Practices unary Bare nursi nciudin preventive techniques and health teaching occupational and non-occupational illness and injury in a health centre by: - utilizing the nursing process of assessment, nursing diagnosis, development and 20% implementation of a care plan with follow-up and evaluation as required; - providing emergency care for psycholoaical and physical crisis (including CPR); - following medical directives according to the Employee Health Service policies a] procedures, understanding the implications of such orders; r - counselling for individuals with identified personal psychological problems, substance abuse, other health problems and referring appropriately to health ser. physician, Employee Counselling, Safety Services or other Community Agencies; - arranging appropriate safe transportation for seriously ill or injured clients ar accompanying clients as required to appropriate health facilities; - facilitating the rehabilitative process, through emotional support aad treatment; - documenting accurately and comprehensively in employee health records, maintainin confidentiality; - Administration of allergy injections by designated staff members as requested in health centre when a physician is present. 3. Promote personal health and well being by; 251 - facilitating health education for a healthier lifestyle and to promote wellness a goal; - assessing, planning, preparing, promoting and implementing of specific health education programs for groups incorporating lectures, discussions, demonstration, audiovisual presentation with follow-up and evaluation, i.e. Smoking Cessation, B Care and Glaucoma Screening; - researching and obtaining current resource materials and data to support health education programs and as a resource on health matters; - providing individual health teaching and counselling for problems; - applying knowledge of communicable disease control and regulations And providing health education and follow-up as directed, e.g. tuberculosis and hepatitis; - encouraging clients to have a personal physician and &existing them when necessar 4. Administrative ttepoosibilities: - providing input in program and policy development and in maintaining policy end 151 procedure menus!; - acting as a resource person to management and employees in matters pertaining to health; interpreting and promoting understanding of health policies and procedure - maintaining health centre supplies, equipment and furnishings and checking on ass inventory; - establishing and maintaining co-operative Working relationships with management, other members of the health Coon, employees and community agencies; - compile and evaluate statistical data as evidence of employee attendance to healti centre and special program as well as fox developing and continuing programs. 5. Pectorma auxiliary dutiee such oat 101 - working at other Health Centre locations; - performing related tasks as may be assigned; - maintaining proficiency and certification in specific procedures including venipuncture, ECG monitoring, pulmonary function testing. audiometric testing, CFI and vision testing as required. SKILLS AND KNOWLEDGE (cont'd.) t Working knowledge of Occupational Health and Safety Act and the Regulations an asset. Ability to work without close supervision and without close medical direction. yI _ APPENDIX "C° Mateir 10 becira WM Wr oonglrron mafucd") irdarb Date'900"d ll ...rK WFA noun. New""M For C$C WW Oai 1.Pa�yOn f�sw oa,ewn �, (eSAiO. S� Ina,Ifwa,�. Occupational Aaalth Purse SdL rtM went iM P.7 Pear.on.y l Ciao Ieh. MM SWM•w ar aua.^Prnae.a.t Coeai►I w�llrrl adtfaf M�a POVOW Cam CUM TAW are a44e U--O' Hsalth centre Nurse 18-1110-17 1 ! —rTTr _ muss au ultf�" �u1L��'^;� amm� Iftnih rte ! 5 5.5 Ton``s street. 8isployae Services (p�ploye& Health Service) LLegislative Building, 90 Harbour St. 69501 re.Ie�N{ r'Ma I..errl+�m: IT awwsr•1 t:tN StOalOi�rl� ms 2 I --Al _ i Nil ; HeadRurse, Emergency & Treatmfntl � r 1.Punk a of y Wo"Iwrr OM mss Oajivan sane?) - I o adapt and apply the specialised principles of Occupational Health Nursing when providing j ,rinAry car* said occupational health surveillance for Provincial Govermunt Lrployeea, # .o psoemte good health praecioes and prevent occupational and non-occupational illness .nd iaju ry considering health education as an essential part of all services. 3.Dvtiw&W JfUMW casks fweat it nePWMG CMWWW to ao.new era wnf,?IrfY CM CWSMUW of*""Wit on"M dUWI 1. Practices primate care nuraiag including preventive techniques and health teething for occupational and now-occupational illness and injury in a health centre by: - utilising the nursing process of assessment nursing diagnosis, development and ;Ox implamenration of a care plan with follow-up and evaluation as required. i - praviding emergency care for psychological and physital crisis (including CPR). - following medical directives according to the Employ%* sealth Service policies end proeedura�. unQarstanding the fmplicatians of such orders. - counselling for individuals with identified personal psychological prob'140m, substance abuse, other health problem and referring appropriately to health service physician, Uployee Counselling. Safety Services or other Community Agencies. - arranging appropriate safe transportation for seriously ill or injured clients and actompanying clients as required to appropriate health facilities. - facilitating the rehabilitative process through emotional support and treatment. - documenting k4curataly and eomprsbensively in employee health records, malutaimieg Cogfideztiality. ' f 2. Provides Occupational Health Parsing in the Bealth Contra and the employees rode location throughout the province byt - performing employmaot interviews to identify employee at risk for both occupational and :52 non-occupational diseases. t carrying out Occupatimal ffaalth 9urvailiance Programs as preserlbed by the various AaVlatioas under rha Occupatianal Health & Safety Act and the lladiaal Directives for mneitoring the hasardous effects of arposure to materials, etc. in the work anvfroment. Skills end kaowiedW re*4nd to s;F�lab at Intl frer"b"L(indlesr MrAkWV ewaunpu o.F-M M.it W&WOaltl Be istration as a nut in Onts to wi a atrre0t eartitie is of camps 7 from the �okla a of quiees. Knowledge a rimes in �sa t& 1 daaltt Her ing, is cad }edgaq `n the &rase a !!deal a eo�e se eoanvs� cal pu lie tb. Sy to perform Cll. ilb�g its of Dery a fpetl a� i Sal#glee t� Rs iattaas an asset. Abilliity to work washout a mss sups slon without e a medical d�sac on. ..3irtalwe I,nwaau faergler Oev MWW" Simi • � �, yanfe Year f� OeY illenM Year ace"Werrxl's Mena YPe onlenrs nema and drr ;eraldias Craham . Browne, Dfrector Employes Servitss Branch Clan e!klgt G0 Clan fibs 1CLati eetle Oeeun Ww etwo nuff4 r Etfarth+aw Oer men" Yap Nurse 1, Clinic 50076 SP-O6 0! 03 1 67 RSV@ CIM Ii C Th;j PO1�1-0r.A aeCOrearu a,eh 7M y..1�i.�Fa r.OmTH{IDM1 C7a,u}pyi $2aheyq fM Irf fe1�eYM ra ra„er: Cider the auperv:s:zn of the Heed 4urse the pesitioe provides primary care and occupations! FF-7 -y- _ _ _ _ _ - ,l P* "Isk o.c. Met. Jura cep• cc.eannA An. Apr. ju. Oct. UeOrMO POWWO ONW. roe. YM Aug. NOW. aft-up 3 1 I N SeeeaW Work Pw ae a ealeee one *Yeeee a►mare:wt Ire~4 marl" 3 sued Go"r ewore: G) nWMM alai mare W%a snarl 12 mwft a • Meson,i.e..Sormig s Wee G+aP= S 1,Indnte eeeacn. wo,. G�ouO! 6 2.aAI wh Nod oo I Oscar Cnwn 7 •M+oot teaeaw,i.e..SURMW.feu,WU M InStAX ft$tat cading$eh.MFO«Worst 1.inOtone sserolal. 2.Inter own at uan •Onve b V4 CCs b R.P.T.Po"na Only. serer in WR Pena pw. w,.. a` trwr a c... •kldllda p~ts d Wwft so 2 dtWat blade. 1.Foeae wRn code$d # I NOTE;The aweoe d ve ftTA ran worked Ma VArdow we$a tuaagtum S+i "tir! ►s 7,1 a mrrpdM warts OV A.P.T.MPpk yee$WWWW sa a pOOM lasso" MM mr,etet Wdh me$Owdl ed mars Otrialfc idrlet0 tar go ppggrt.Any Chero ra Me Srrse.se noun Ot~Nark WO ngrun tra meawpo w+i ww noo meeramn of a wpe NOTE:YuRipit tarar ma a mrueeuww to qw••h s one POSmon. vaslten. such as noise. solvents, lead, silica, diosin, Q.D.2.'s and other sub3tanees. '`- assiataining-cpetttat swit?i the employees regarding test:result follow-up. following established procedures for Worker's Cospessation Board with clienta who have occupational injuries or illness. liaison vith Peslth b Safety Offic,%rs.•Kwagement sad employees in mutters pertaining to 'Nsa1•tlf ear safe _ Scheduling clients for national and/or international immunization. administering vaccine as per protocol and advising employees on health eat safety precautions for travel abroad. 3. Prowt`* porsoul health and wall being by: facilitating health aducation for a healthier lifestyle and to promote v*llness as a goal. assessing, planning, preparing, promoting and implementing of specific health education I.9Z programs for grasps incorporating lectures, discussioaa, demonstration, audiovisual presentation with folloerup and evaluation. i.e. Yadkin$ Cessatioa,'back Ctrs and Claucass Screening. researching and obtaining current resoares siateriels and data to support health education progress and as a resource on health sattara. providing individual health teaching end counselling for pvoblasa. applying kporledge of commnicable disease control and regulations and providing health education and follow-up ♦s directed, a.g. tuberculosis and hepatitis. encouraging clients to have ■ pevaonal physician and assisting than 10b4n necessary. 4, Aisinistrative Respoesibilitlea: provIA"g input in pregaan and policy deeolepweet and is aainaaiaing policy sad procedure 5z ssmagral. s acting as a resource parson to arsaagassat and employees in matters pertaining to health. Interpreting and promoting undaratending of health policies and procedures. maintaining health contra suppliaa, aquipamt. and furnishings and checking an asset inventory. establishing and maintaining co-operative working relationships with Management, other mrmbove of the health taus, soployeaa and cosssunity agencies. compile and evaluate statistical data as evidence of eskployee attandanca to bealth eantre itad special programs as well as for developing and continuing programs. �. Performs auxiliary duties such as: working at other ilealth Contra locations. performing related task* is may be assigned. maintaining proficiguy and certification in specific procedures including venipunerure. 9�f] $CC monitoring, pultlonary function testing, sudiometrio tasting. C.H.R. and vision <J/Dtescing as required.