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HomeMy WebLinkAbout1989-0778.Nichols et al.90-02-08 ONTARIO EMPt. OY~-$ DE LA COURONNE CRC;WN EMPLOYEES DE L'ONTA RIO GRIEVANCE C,OMMISSION DE S~R'LEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST, TORONTO, ONT~4RIO. MSG IZ8- SUITE 2100 TEI..EPHONE/T~I..~'PNONE 180. RUE DUNDAS OuEST, TORONTO, (ONTARIO) MSG 1Z~I. BuREAu 2100 [416) '778/89 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE QRIEVANCE SETTLEMENT BOARD Between= OPSEU (Nichols et al) Griever - &nd - The Crown in Right of Ontario (Ministry of Health) Employer Before: P. Knopf Vice-Chairperson E. Seymour Member' M. Tims Member For the Griever: D. Wright '. Counsel Ryder, Whitaker, Wright and Chapman Barristers & Solicitors For the ~gyer: M. Farson Counsel Fraser & Beatty Barristers & Solicitors Heart~g; December' 14, 1989 AWARD This' case in~ol~es grievances filed by 3l employees who woi~k as R~eglstered Nurses in the Penetan]uishene Mental H_~alth Centre, Their .Claim. is filed ,ou.rsuant tO Arti'c.le 6.]. claiming entitlement to wa§=.s dur~ing temporary assignments to the posit~on of Charge Nurse, Given the n;]mb-~r of g~i=.vors, the complexity of their work and the sophisticatiion of the legal issues, t,~is could have evolve'J into a long, costly and exhausting exercise in ~itigat].on. However, ~ue to the co-operation and the excellence of the counsel presentin~ [he cas~ for Doth parties, the matters were pces,.~nte,J to us in-a clear,~ efficient an,~ i,Je'al manner. Th,~ p'arties were able to come to an agreed stat.~ment of facts and were able to narrow the leQal iss~es. They also agreed .that th~ ~acts and this Award would resolve the issues for all the grievers. Coun~sel and the parties are to be commended for presenting this cas,} in a manner, which does them all credit. We, as a Board, would be remiss in dealing with the issues withodt first compl~men[~ng and ~5ankin.§ the counsel and the parties for their professionalism. We turn now to the facts og the case.. The Grievers are employe~] at the Penetan9u'ishene Mental Health Centre - Regional Division. They are all emoloy~d as registered nurses and are classed as "Nurse 2, General". The Regional Division of the Centre is divided into six war,J's. ?here is a WarJ Supervisor or Hea,] Nurse for each ward and then a complement of Registered Nurses and Psychiatric Nursing Assis[ants are assign?] regularly. to each ward. At the top of the or3anizational structure is a Director of Nursing. ReDorting to th~ Director is the Assistant Director of Nursing.' Reporain~ to the Assistant. Director ar=· two Area Supervisors ~ur~ng ~he day and on.~ Shif~ Su.pe~visor during other sh.ift~. The next level involves six positions of Ward Supervisor or a [lead Nurse for each of the six wards. The Registered Nurs3s .repo~t to the Ward Supervisors or [.lead Nurses as do the P~,chiatric Nursing Assistants. The WarJ Supervisors - 2 - or Head Nuts. es work on a steady day.basis from 8:30 a.m.' to 4:'30. p.m on Monday through to Friday. However, the Hospital is o~v~ousiy ~equi~ed to operate on a 24-hour basis and the Registered Nurses operate on rotating shifts' referre~d [o as eithar day, night or afternoon shifts, each of 12 hours in duration. During .parts of the a~ternoon shift and all the night shift, there is no Head Nurse or Ward' Supervisor on duty. In those cases, one or.more Registe~ed Nurses awe assigned to a ward. Where there is only one nurse on a ward, that nurse takes on the position of "Charge Nurse". If there is more than one nurse'on a ward, the nurses decide amongst themselves Who will . De designated as the "Charge Nurse" for the ward. Worki.ng from the Position specification of the Head Nurse position, the parties were able to agree that many of the responsibilities of the Charge Nurse are found in the Position Specification for the Hea~ Nurse. For ease of uhde'rstanding and to put things in .a facual con~e, xt, we shall quote from the Position Specification fo'~ the Head Nurse and then explain the functions of the Charge Nurse as they. relate' to the Head Nurse positron. The Head Nurse assumes responsibility for the effective operation of the assigned ward by: (a) 'allocating duties to subordinate staff, issuing special instructions;" The Charge nurse assigns tasks to various people on the war4 such as who would unde~taka escort duty and who would take on the duty of dispensin.~ medications. - 3 (b "ensuring that care and :rgatment is provided according to' Nursing Standards an,~ Hospital Polic ies. :' · he'Charge Nurse i~ expected to have a di.~eren: response .than a Hea~ Nurse in tl%e event of a breakdown. The partitas agree that the Charge Nurse is rcsponsib!e for "seei,~g" '. thaL Car..~ and treatment are provided rathe~ that "en~uring" the same. (c) "directing and participating in various therapeutic prog~ammes and activites a~ prescribed for the ward by the treatment team." Again, ~he charge nu.~sa is not cespon~ibl, e loc "dlrecting" this function. But she d~es participate in programmes such a~ organizing trans'portion and social functions such as bin.go games. (d) "ensuring that assessments of patients, and programmes are carried out; Again, the Charge 'Nurse is not responsib'l.~ for "ensuring" this function. But she does see that other Registered ~]urses and Psych ia tr lc Nursing Assistants are following the programme s · (e) "establishing and maintaining good liaison and com~uni6ation with other facility departments... The Charge Nurse has no responsibility fo~ th ~s. - 4 - (f) "responsible for the requisitioning, d stribution, recording and security of. controlled or other drugs and medical supplies on the ward; The Charge Nurse is responsible tO s~_~ that someone Joes distribute the drugs. Medications must be distr~bu~-ed by a regist.=red nuts_~. If there is only one nurse on duty the Charge [.;urse does it, If the~e is moo9 than one nurse on duty, 'the Charge Nurse has responsibility loc seeing that it is done. If there is a medication error, the nurse. res~onsib!e for the error is supposed to initia.te a report whir9 is then given to .the Charge Nuts.~ who de~[vers that report to th_: Shift Supervisor. If ii is found tha~ medications are mis$~.ng, this is usually noticed at the end of the shift. The Chasge Nurse would, be advised of £~ and it would be r~ported to the Shift Supervisor. However, if a He~d Nurse were on dui! [~ would De reported to the Head Nurse who would initiat=. an 'investigation which could inctude interviewing staff. The Charge Nurse would not De e×pected tO do that. (g) "advising the the Unit Director of all ward activities e.g. programs, patient and staff participation and recommending changes or ad~ust_ments, where necessary. Th~ Charge Nurse is n~t involvgd in this. "Participates in team approach - 5 - (h) "ensur lng rna ~ prepare tory work for cl in ical presentations is accurate and clear;" ~ There is a clinical meeting o~ the ward h~!J once .a week. The charge Nuts9 may hav~ .]u~'es involving gathering together the material required for th~ meeting. However, the co-ordinating function remazns with the Head Nurse. (i) "co-ordinating, the activities of clinical meetings and ensuring staff participation;" The Charge Narse is.not invol~ed ~n this. (j) "maintainin~g a follow up on .medications and 'treatments prescribed by the clinical team," 'These is a recognized distinction in the nature of follow-up expected of the Head Nurse and the Charge Nurse. The ~{ead Nurse has additional powers anJ ~esponsibilit~es. However,. %he Charge Nurse does have more responsibilities than a regular Registere.~ Nurse. For example, a Registered Nurse might report a pro.bl,=m with medications or treatments tO a Charge Nurse if no Head Nurse is on duty.'. But if there is a Head Nurse, {hat nurse takes responsibility. A Head Nurse has more power ~o deal with a problem such .as the ability to contact a doctor directly and has latitude in decision--making that a Char§e Nurse does not. 3. "Performs administrative duties bY:· - 6 - (k) ensuring that patient charts and files are kept up to date at all times;" The Charge Nurse oversees ~h[~ for the shift in which he/she is in charge. (1) requisitioning ward supplies and materials; The Charge Nurse may become involved in this, but so do Re9ister.=d Nurses and Psychiatric Nursing Assistants. Requisitions of a Charge Nurse are approved by the Head. Nurse unless it is something that has to be dealt with immediately, in which case it'would ~o to the Shift Supervisor for approval. (m) "reporting damaged and malfunctioning equipment to Supe rv isor;" Everyone has a certain responsibill'ty in this regard, inclu.]ing 'Registered Nurses anJ Psychiatric Nursing Assistants. If an emergency such as a burst pipe occurs, a Charge Nurse could contact Maintenance for repairs. {n) "assisting with the preparation.of forecast for budgeting purposes;" -The Charge Nurse is not involved 'in this. (o) "conducting monthly ward staff meetings; The Charge Nurse is not involved in ~his,. (p) "atte6ding and' participatiflg in Committee and other mee'tings." The Charge Nurse Is no[ involved, in this. 4. 'Supervises the overall staffing functions of assigned ward by: (g) chair.ing various committees;" The Charge Nurse is not invoived in ~hts. (r) "ensuring that all new.staff receive proper ward or ien ta tion:" A Charge Nurse does participate in war~ orientation but is not resp0nsibl~ for ensuring that process. However, the He~d Nurse. is .. responsible for the assessment of. what training is necessary in the determination of how the traininG would be provided~ The Head Nurse also has accountability for the training and orientation that is actually beinG provided. (s) "counselling staff on work performance, · professional development and educational opportunities; (t) disciplining staff for minor infract'ions and implementing corrective action; The difference between the Charge Nurse and the Head Nurse is that the Charg~ Nurse does not hay,= a responsibzlity for discipline and has no .power to impose discipline of any kind on any other staff member. They do become i~nvolved in counselling and Guiding other - 8 staff in an advisory role such as saying there may De a c~ta~n way to perform a certain functioa on an on-the-spot basis. If a Charge. Nurse perceives a problem, his/her responsibility oF funct'[on is to re~ort it to 'the Hea~ Nurse or the Supervisor. In so far as training is concerned, a Charge Nurse will ~iv9 advice, often to newer staff, Duc this.is something a registered.nurse woul.,~ do and not just a Charge Nurse. On the other hand, the Head Nurse .is responsible for monitoring per~ormancu of employees on the 'ward, fo~.evaluating and counselling as well, S/he is also responsible for the professional development and educational opportunities, for which a Char.~e Nurse has no responsibilitY. (u) "investigating and responding to Grievances following consultation with supervisors~ (v) "preparing supportive written 'informatfon when reco~%mending the dismissal of staff" (w) "drawing up shift schedules with provisions for vocations, days. off, special assignments, 'etc." (x) participating in the interviewing and selection of staf f." .5 Related duties: (y) "perfor'min9 duties of Shift'Supervisor when requ i red;" (z) "as assigned." The Charge Nurse is not invo].v'-~J in any o~ these · Th,~ parties recognizeJ that the Position Specification for the Hea,J Nurse oft~n includ._~s th~ worJ "ensuring" with to several functions. They agree that that worJ connotes the nature and extent of the assumption of responsibility that ~Joes not apply ~o a Charge Nurse3. It is a§~eed that Charge Nurse has an obligation to reJo~t a p~oblem if it ari~ses. If it is a ~probiem that must be dealt with immediately, it is to be re.Do~te-~ to the Shift Supervisor. If it is no~ a problem r~qu~rin9 £mme.J'[ate atten%io.n, it is to be reported to th-~ Head Nurs~ when 's/he comes on ~uty. However, a Head Nurse has responsibility to investigate and to respond to problems. The Head Nurse is accountable ~or taking measures to resolve o~ob%ems ~ncluding counselling and' disciplining em?~oyees, E×clus[ve~ to'the ~ead Nurse are the functions of investigating, c.9']nse~-[ inG and discipl inin~ that are not shared with the Charge ~u~e. Instead, the Charge Nurse directs-the activities that a~e to De done during a shif't,~ but his/her authority ts 1,~m~e-d to reporting any matters that arise. An ex'amble q~ven to illustrate, this situation is the situation whe'ra a staff member reported to work under ~he influence of alcohol. A Charge Nur~ wo~ml.1 expected to re,~ort that to the .~ht~t S. uoervisor. A Head Nurse would be expected to dec ~ ~e whether to send the ~erson home and whether the incident w.jrrante'J discipline. Further, it was pointed out that the He~.~, '~u~se does ~erformance . appraisals on employees and ha~ ~on~-range administrative responsibilities for prepar'ing monthly schedules and tim~ sheets. The Head Nurse also, ~.~orov--~s vaCation re.guests, ,Jays off and recommends the 9raat~n9 o~ ~enial of other leaves. The Head Nurse is also involved in recruitment and'promotion. The HJad Nurse may recommend sus[~ension, dismissal or re!eas= unJer th~ P~u_Dlic Service Ac~. The ~{ead Nurse may De calle,J ~ 19 - upon to present management's case at a d%scipline hearing under the regulations to the Public Seruic~. Act. ~{ead Nurses also perform an investigative functlon and may be req~ire~ investigate allegations of patient ab~se and present a r~port o~% the ~n~estigation which may include a recommendation for' Jismissai. The HeaJ Nurse 'can also recommend .transfers-of sta~ and is accountable for the development' Of nursing prog~ammes, the assignment of staff and for getting the proper r~sources assigned to ensure that ~the p~ogrammes carried out. The Head Nurse is also held accountable loc the staff'[ng of his/her shift an.t for the budgeting for stafff[ng. All thes$ res~onsibilitles are not undertaken'by the Charge Nurse. But it is recognized that the Charge Nurse does have greatar ~esponsibili'ty than when s/he acts as a Registered Nurse · This claim is filed under Article 6.1.1 of tha Collective Agreement which provides. Where an employee is assigned temporarily c'o .perform duties of a .position of a classification of a higher maximum for a period in excess of f~ve .(5) 'consecutive workin9 days, ~e shall De paid acting pay from the day he commenced to ~De$,:orm the duties of the higher classification in'accorJance with the next high.est ra~e in the classification provided . that such acting pay shall not De less than 3% per cent above his current rate. The claim l's filed in respect of those occasions where the grievors have been· assigned to the position of Charge Nurse. for periods which would fall within th~ scope of Article 6. ~. The part~es quite sensibly agr-=e~ ~o defer t~e question of what constitutes "five consecutive workin9 days" 'in this facility and-when the individual grievors would quaiify g~ven the schedule pending the determination of the larger question of whether the assignment to the Charge Nurse position can be considered-an assignment within the meaning of Article 6.1.l. - 11 - use n t The Union argues that the grzevors ought to receive acting 9ay pursu'ant to Article 6.1.1 when they assume the duties of the Charge Nurse.. It was subm[tte~ tha~ they assuming the same duties as a Head Nurse, even though they do not assume all taos.~ duties. It was said that th-= Charge Nurse assumes the co~e or the essence of the duties of a Head Nurse which amounts to a position in a highe~ classification. I¢ was said that not every duty of the Head Nurse must be assume..~ before they coulJ qualif-f. We wer~ asked ~o adopt the analysis in ,the decision of Collin's and Ministry 0.6 the Solicitor General, unreported decision 0~ B. Kirkwood issued November 26, i987, Board File 997/85 and to look at the essence of the job the grievors performed .along' with the essence of the co~e of Hea'J Nurse position. It was said tha't. the essence of the Head Nurse posi=ion has been captured !n the summary s.'.Decification for the Nurse 3 General job title wh~c~ applies ~o Head Nurses an.~ which begins, "Em..oloyees in positions allocated to this class provide progression.al supervision of the nursinG an:~ person care of a group of patients in an inflrmary, 'ward or administrative unit of an Ontario Hospital oT other provincial institution." Thus, it was said that the ess_~nce of a position of a Head Nurse Char.~e Nurse is the supervising o~ other nurses .and the takln{~ charge'of a group of patier)ts. It was said that this is precisely what a Charge Nurse does and although .a Cha'~e Nurse.may have limited Powers, he or she r,=mains in .charge of the ward and responsible for th,= opesation of ~he ward durin~ the shift in question. It was acknowte]ge,~, that even though a Head Nut-se had a greater 'degree of responsibility and control over a ward, this' does no~ take away from the fac~ that the Cha~ge Nurse is also ~responsible and in control wh~le on duty. This was contrasted 'to the situation of a Nurse 2 or registered nurse who.is said tO have t~e physical' ca~-e of patients as the core or essence of his/her job. I't was stressed that the r.=sponsibiliti~s and the core of a Charge Nurs~s function is beyond what is expec teJ of a Registered Nurse and f~ts better with the RN' 3 categorization. In conclusion, we .ar9 asked to review t~_ lunch, ions being assumed by a Charge Nu~se and to conclude that they are a "better fitL' within the classification of Registered. Nurse 3, mainly because of the supervisory function. Counsel ~or the EmplOyer also adopts the analysis in the C_o_llins ..........case, supra,_,_. _ and adopts the tests set out there~n as .governing 'the situation in this cas'e. It was said that that case estaDlishes that the~e must De a position to which the gr~evor~ were assigne~9 and th,~s the Union has the onus of. establishing ~hat a Charg,= Nurse is performing the duties of a Head.Nurse. Because of the significant differences between- the two duties, it was said that the Union had not met the- onus. Further, it was argued that if the Union succeeds, it would amount to havinG the Employer be required to have a Head Nurse on every shift Of every ward which would be contrary to the provisions of Section 18 of ~he Cr. qw_n- ~m~pl_~ye_e_s_._C~ol_i_e_c_t_iv_e- ~_B~_r. Ga..i.n_½n_g._Ac_~ wh ich g ives the Employer the exclusive right to determine ~the complement and. .. organization of its staff. However, it Was immediately acknowledged that i~ this BoarJ concludes that the Charge Nurse is actually acting as a'Head Nurse, then acting pay would follow because management had chosen to make such an assignment. However, it was stressed that the facts do no~ support the finding the Union seeks. It was saiJ that the facts do not establish thac the Employer is using nurses to r~place Head Nurses. Instead, the facts establish that nurses a~e assigned some supervisory and a~ministr'ative duties 'as Cha~ge Nurses. But the degree and scope of the Head Nurse's responsibility a~e not assigned to the Char..]e Nurse, such as the powers to investigate, resolve matters on the ward and respond to discigline. Nor Joes the Charge Numse assume the ongoing rmsponsibil~ty for cn~ supervision of the Ward. Further, it was submitted jthac the Charge Nurse is in fact doing duties that are already' containe,.~ wlthin the Job Specification of a Registmred ~]urse. Counsel took us through the Position Specification for the Registered Nurse to show chat' the Head Nurse functions which were a.gree~ were p~rformed by the Cha~Qe Nurse, are containe.J within the Registere~ Nurse Speci[ication. For example: participating in and leading patient group activities such as~social skills,, current affairs, and health teaching groups ~o~ ~ur.ooses of patient therapy nod/or rec~eation~ . participating in clinical treatment team meetin,3s, sharing obsarvations regarding patient Dehavio~_~, iden. tifying patient problems, suggesting- appropriate nursing care to treat patients; atteqding '¢ari0us meetings pertaiqing to one,eat care such as ward admission and/or discharge, as well as quality assurance, meettngs; monitoring nursing efforts pertaining to patient care, maintaining up-to-date nursing no~es, patient count, completi'ng patient classification, reporting unusual occurr~nces'an.J patieht behaviour nursing supervisors, ie., Head Nurse, A~ea or Supervisor as appropr.iate: ~elieving ~he ~{ead Nurse on weekends, afternoons .and night shi~ta.'. pe_~formzng.clerical duties such as pre.~aring supOLy requisitions, answering th,~- telephone, relaylq9 messages; maintaining a current knowledge of hospital policies and' procedures such as [~re drill, - disaster plan and OomD threat as these relate to. patient care~ checking crash chart sugply levels, including the reorder in~ of expired druos and the proper functioning of oxygen equlpment~ reviewing or completing r~quisitions for blood-worK, forwarding and ~eceivlng according to procedure; providing instruction to co-wo.~k~rs to assist in their professional develo.Dment. Thus, it was said that many of the duti. es the Union is relying upon to say that tl~e Charge Nut.ge performs which are part of the Head Nurse's dutie~ should already be recogn£ze,~ as...Puties required'of a Registered Nurse in his/.~er own Job Specification. Further, couns_~[ los the ~.mployer points to the Job Standards for a Regista?ed Nurse at the ~urse 2 General leve.1 to estaolish that the Charge Nurse ~unctlons are contemplated for the Nurse 2 General, especia[[f, in the fotlowing pa r~ag raph: Employees in this class ma? ~ssist in or su.Dervi~e the assignment ~o~ duties and check the work of subordinate staff on '~he same shift. Depen.~ing on factors such as hours of duty,, the size and amount of active nursin~ requic.e.J ~n ~h.~. aJministrative un~t, they are r~=$ponsib~e to the su~ervis~.ng nurse for all or pa~t of the nur~5[ng and personal care in the administrative .unit as ]ssigned, They may, on occasion, relieve Su.Dervis in~ nurses. Maintaining a current know[eJg.~, o~ hospital policies and proced, ures such a~ fire drill, disaster plan and bomb ~h~e~t as th-ese, relate to patient care. We were reminde.J of the test ~n th~. Collins decision indicating that in order to s,~cce~J un.Jet Article 6.[.[. the Union mus~ prove ~hat the ~[.~.vo~s wer~ assiDned ~o a which was not part o~. his/her 9wn. [t was saiJ that the facts do not support such a f[n.![nQ in this case because all the duties performed by the C~a~qe '4ur. se are contemplated in the Registered Nusse's Posi~tlon S~ec~f~cation and in the Class Standards for Nurse 2 General. We were also referred unreported d~ecision of Fisher dat..~. August 23, 1988, Board File '699/87; Farrel[y__.a_n'.d...M._l.n_istr.y._o_f__Correctional unreported decision of DraPer da~eJ March 24, 1988, F~le 424/86; Noon and Ministr~,_.qf_C_o_.m.m_g.n!.t~[ and Social S_~er._~Vic__~es_, unr.=ported decision.oF. McLaren dated Augus[ 20, 1981, Board File 111/8~!. · . T~e Dec is ion The pa~ties agree that the p~inciples go';erning the analysis and the determination of chis Case ace contained in tile C_o_l.l_i__ns_ dec is ion, s_u_pr_a-. That dec is ion providers at page 4: Therefore the onus is .upon .the union to O~o~{e' chat the griever was assigned to do a :)'OD .temoo~arily; that the job was to perform duti~e.s o~ a ~osition in a 'class if ica tion with the higher salary maximum; and that the job p.erforme.~ was ~f'or a period in excess of eight consecutive woskin9 days. If. these three elements a~e p~oved the griever is entitled to acting pay subject to the limitation referred to in article ~.4 which covers periods du~ing which an employe~ is on vacation. 59~art-of his own [Emphasis addqd] The Co~Iins' test is a threefold test. The aspects whethe~ the job was in a classification with a highe~ salary maximum and the number of days i~ was performe~ are not issue at this stage. The issue w~ have to deal with is whether the~ Union has succe:eded in'proving that the were assigned to jobs which'were not parc o~ thei~ own. It is certainly easy to see w~y this grievance has been brought. When ~he g~ievors are a~signed to the position of Charg~ Nurse, they are ex~ecte~ ~o do mome and ar~ r~sponsible .for more than when they act in the position-of a Registered Nurse. They oversee wards, assign task~, co-ordinate activities, and are the first level of ~esponse for thei~ ,co workers. This clearly puts an extra burden on them and added.responsi.btlity. The collective agr;~.ement ,Joes not [~rovide for any 'prem. ium pay under these circumstances, nor are ¢~eir e~tra functions recognize~ in any concrete or formal fashion. It is sm~ll won'der that they have .launched such a grievance' seeking the benefits of Article 6.!.l However, the facts are simoly not sufficient to support the grievance. Whether~ we .compar.= the. position s~ecifications of a Registered Nurse and a Hsad NUrse or the Class Standards of a Nurse 2 to a Nu[.$e 3 General or th.3 actual.functio~s as revealed in the statement of Facts given to us by ;he part,es, we are ~l.e.] to the inescapaDle conclusion that the .functions performed by the Charge Nurse are functions which were fully con t._=mpla ted 'in the Nurse 2 and Regi-~tered. Nurse position and level. It-is true that 'the Head Nurse positi~)n contemplates more supervisory and administrative work than the Registered Nurse. The Head Nurse is responsi'b!~ for the effective oper. ation of a war,~ whereas the Registered NUrse [s looked .upon tO provi.Je nursing care. However, a Registered Nurse is also expec.ted as a core ~unction o.~ essential elemen[ of his/her dui; to provide administrative duties on the w~r~ such as relieving a Head Nurse, providing instructions to other nurses an~ other cl'in~cal staff, monitoring nursing efforts, reporti~ng unusual occurrences, and participating as Dart o~_ the clinical treatment team. Further, part of the joO standard is that a Nurse 2 General may "supervise the assignment of duties and check the wor~ of suDord ina %e staf~ on the same shift," Fur~er, it is specifically provided in'the Nurse 2 General Standard that "de[~end~ag on factors such as the hours o~ duty, the size and t~e amount of active' nursin~ ~equired in th~ administrative unit., th.=y are responsible co a suparvlsing .nurse for all or part of the nursing or p~rsonal care in the administrative unit as assigned." The Standard even 9oes so far as to say "They may, o'n occasion, relieve supe~v'ising nurses." This is'clearly what 'the Charge Nurse' does. Thus, it is clearly park of a Nurse 2'Gen~.ral's essential responsibility to De able to and to ac~ [n the role which'has been ass[gnarl to a Char.~e Nurse ac this facility. Thus, we have not peen satisfied that the .drie'.;o[s perform functions which go beyond those expected of a[Nurse 2 General or a Registared ~Nurse. Sven if we ace wrong in thts re~ard, we also conc[.~de chac the grievance must fail un~r the analysis foun~ in F..a_r..r..e_l_l_~, s_u_~.r_a_. In t~at case the grievers sought relief under Article 6.1.1. However, it'was found that there %;as an essential distinction between the job performed by the grievers in that case an,~ the resooasibility and acco,]ntabilty of the posicion for which they sought the temporary level of paymeRt. Quite simply', tha grievers did not ~ake o'n the same.level of responsibility of the position they were seekin9. In that case, the situa't~on ~s very analogous to the one at hand-and the Boa~.d, cha[~ed by Mr. Dra~er, coacludeH at page 3: We are not persuaded that particula~ Juries temporarily Derformed from time to ~ime by different em%)loyees and forming only a oar~ o.~ regular duti.?s of their, position an] classification may constitute proper 9rounds for the reclassification or the position. Further, we are of tl~e' view that Article 6.1.1 is intended to 'a.DplY only where an employes is ~amporarily assigned to perform the duties of a position already found in a higher classification and where that employee temporarily replacing another _=m~)loyee (except an employee on vacation) or iS ~emporarily filling a vacancy. Here the Griever was not assigned, to .perform the dutles of the Senior Admitting/ Discharge Officer position. He was not-replacing Mr. Lambert nor ~as that position vacant. In the case at hand. it cannot be said 'that the g~i. uvors w~re assignad to the position of a Head Nurse. They did not shard the same level of responsibility, accountability or overall 'functions of the Head Nurse. A simple review.of th-= recital of agreed facts with refe{enca to the Head Nurse position shows that a large number of critical functions of the Head Nurse are not undert'aken or expectaJ from a Charge 'Nurse. Therefore, it c~annor-be said that they were filling a vacancy for a Head Nurse or undertaking the Head Nurse's responsibilities. Thecefore, again, the grievances must fail. We reiterat~ that we have no difficulty seeing why these.grievances were brought. We note that these Charge Nurses' lack an institutional recognition, by way of ~remium pay or otherwise, fo~ their additional responsibilities over and above those they undertake as registered nurses. Such recognition is often found in o~her sectors and may well De sought'by' the Union' a~ the bargaining table. However, the function of the Board'of Arbitration is simply ~O inte.$pret and tO apply the ex~sting collectiv9 agreement. Unfortunately for these grievors, the collective ag re -=men t , as currently framed, does not'Qive them the relief they s~ek. We again thank counsel for their excelZent preseh~a[ion of this interesting and important case. DATED at Toronto, Ontario this 8th day of February, 1990. Paula Knopf - Vic'e-Chairperson E. Seymour - Member M. Tiros- Member