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| No. 10 | 
Jul 28, 2009, 08:13 PM
 Re: Union allows discrimination against nurses
You may want to look at the collective agreement in place as it refers to "management rights". There could be a clause like this one from the SEIU Local 902 agreement with the town of Digby, NS: b) Without limiting the generality of the foregoing, the Union agrees that the management of the Employer’s operation, including the right to plan, direct and control operations, to make rules and regulations, to direct the working forces, to hire, transfer, classify, discipline (including discharge), promote, demote, and lay off employees, and those matters requiring judgement as to the competency or ability of the employees to perform the work required are the sole and exclusive prerogatives of the Employer subject to the provisions of this Agreement dealing with any of these particular matters. Without restricting the generality of the foregoing, and in addition thereto, the Union agrees that the Employer has the right to study or introduce new or improved methods or facilities, to determine schedules of work, kinds and location of machines, tools and equipment to be used, the control of materials and parts, the extension, limitation, curtailment or cessation of operations in whole or in part, and all other matters concerning the operation of the Employer’s business not specifically restricted in this Agreement.
Or this one between MGEU and Golden Door Geriatric Centre: 3:01 Except as otherwise specifically provided in this Agreement, the management of the Centre and direction of the work force, including the right to plan, organize, co-ordinate, direct and control the Centre’s operations, to hire, promote, demote and transfer; to increase or decrease the work force, to determine the work to be done; to suspend or discharge for just cause; to establish and enforce reasonable rules and regulations towards governing the conduct of employees and towards maintaining order, discipline and efficiency is vested exclusively in the Employer.
That would be why your union did not do anything about your complaint. That doesn't make it right, but the affected personnel would have the option of resigning rather than accept demotion. The person subsequently hired by the facility would then be reclassified as a nursing assistant and paid accordingly.
 | | Advertisement Sponsored Links | | | | No. 11 |
Jul 28, 2009, 08:34 PM
Re: Union allows discrimination against nurses
I thought they could "demote" but not reduce wages?
| | No. 12 |
Jul 28, 2009, 08:55 PM
Updated
Jul 28, 2009 at 09:15 PM by Truth66
Re: Union allows discrimination against nurses Originally Posted by Nurse-88  So are you telling me that they Demoted Registered Staff: RPN's down to what is basically a Personal Support Worker, or Health Care Aide?
If so, that seems like somthing that should be deemed as illegal. How can you demote a registered professional down to a position that has nothing to do with their scope of practice, or job description?
I can see them laying off the RPN's, but demoting them to a PSW, that's 100% wrong, and most likely not even allowed.
Which city do you live in? Must be a smaller town, this kind of un-professional activity wouldn't fly here in Toronto.
I'd love to tell you what city I live in. Unfortunately there's a small section in Labour law called duty of fidelity meaning that one has to be loyal to their employer in that they are not allowed to speak out publicly against their employer or it's grounds for termination. I almost lost my job over that one once before. This is why you hear every once in a while about Whistle Blower Protection for employees.
To be more specific, the employer actually layed off these LPN's/RPN's and under the collective agreement a person can either take the layoff or bump into a lower paid classification, which in this case would be a Care Aide. Yet, the bottom line here is that the employer has demoted these LPN's/RPN's because they are unwilling to pay their full wage and knowing that these LPN's/RPN's are still held accountable to their governing body as LPN's/RPN's. The employer actually tried doing this before and it was challenged under Pay Equity in that the employer couldn't reduce a person's wages as a direct result of Pay Equity. Unfortunately the union is unwilling to challenge this demotion under pay equity either, in spite of the fact that I provided them with the previous documents.
With regards to language in the collective agreement, there is a section that states "The Union acknowledges that it is the exclusive function of the Corporation: to hire, transfer, promote, demote, lay-off, recall, assign duties, and suspend, discipline or discharge any employee for cause."
Now whether the collective agreement of the police officers has this language in theirs, I'd have to look it up tomorrow when I'm at work.
Quite frankly for any union to allow language to exist in a collective agreement about allowing demotion is pathetic representation, especially when it comes to nurses. This is based on the fact of what I've mentioned already. These nurses are still held accountable according to their professional designation by their regulatory body. This is regardless of whether they're employed as a nurse, or as a care aide. If demoted to a care aide, then exploitation!!!!
| | No. 13 |
Jul 29, 2009, 09:00 AM
Re: Union allows discrimination against nurses Originally Posted by Truth66 I'd love to tell you what city I live in. Unfortunately there's a small section in Labour law called duty of fidelity meaning that one has to be loyal to their employer in that they are not allowed to speak out publicly against their employer or it's grounds for termination. I almost lost my job over that one once before. This is why you hear every once in a while about Whistle Blower Protection for employees.
To be more specific, the employer actually layed off these LPN's/RPN's and under the collective agreement a person can either take the layoff or bump into a lower paid classification, which in this case would be a Care Aide. Yet, the bottom line here is that the employer has demoted these LPN's/RPN's because they are unwilling to pay their full wage and knowing that these LPN's/RPN's are still held accountable to their governing body as LPN's/RPN's. The employer actually tried doing this before and it was challenged under Pay Equity in that the employer couldn't reduce a person's wages as a direct result of Pay Equity. Unfortunately the union is unwilling to challenge this demotion under pay equity either, in spite of the fact that I provided them with the previous documents.
With regards to language in the collective agreement, there is a section that states "The Union acknowledges that it is the exclusive function of the Corporation: to hire, transfer, promote, demote, lay-off, recall, assign duties, and suspend, discipline or discharge any employee for cause."
Now whether the collective agreement of the police officers has this language in theirs, I'd have to look it up tomorrow when I'm at work.
Quite frankly for any union to allow language to exist in a collective agreement about allowing demotion is pathetic representation, especially when it comes to nurses. This is based on the fact of what I've mentioned already. These nurses are still held accountable according to their professional designation by their regulatory body. This is regardless of whether they're employed as a nurse, or as a care aide. If demoted to a care aide, then exploitation!!!!
Well I say you should just cut your loses, and move on.
It's unfortunate, but in most cases the employer always wins over the employee. I've seen this happen first hand, personal experience.
I'm sure you'll have no problem finding another job as a REAL NURSE, and not a demoted registered professional.
| | No. 14 |
Jul 29, 2009, 03:43 PM
Re: Union allows discrimination against nurses
Are you in Ontario? From a legal standpoint, fighting this may be difficult but you could report this activity to the RPNAO and they will make it known via website or newsletter that this is going on without tying your name to it. This is turn may cause other nurses to simply not apply there to work and eventually they will find that the word will get out and they will have trouble getting anyone to work there.
Personally I would not want the elderly in my family at a facility that won't even pay for RPN's to care for them. I am not in favour of medication assistants.
| | No. 15 |
Jul 29, 2009, 05:48 PM
Re: Union allows discrimination against nurses
See, Linzz, that's what I just don't understand about the entire scenario.
Why isn't the Ontario College of Nurses involved in this. I know the Colleges always say deal with the union but when the union and employer is acting against the interests of nurses who are members of the College I don't understand why more hasn't been done about this.
| | No. 16 |
Aug 10, 2009, 09:42 AM
Re: Union allows discrimination against nurses
If your union is not representing you failry, hire your own representation.
I had accessed Sacks, Goldblatt and Mitchell, they are in Toronto.
Good luck.
Hopefully they can represent you or link you to someone who can help.
All the best.
| | No. 17 |
Aug 20, 2009, 09:23 AM
Re: Union allows discrimination against nurses
The union may not have any other choice. Temple University Hospital in Philadelphia laid off all RPNs (unionized) in an attempt to save money about the same time. The system gave many the choice of continuing as PSWs or other employment classifications. Most RPNs chose to continue their employment. Initially, many were upset and angry at the system, but as time has elapsed most have been thankful that they stayed on and kept their seniority. Fact is, in today's economy a job is a job and many would have been giving up years of seniority.
In moving on from one's position with the present employer, an employee would need to factor in today's employment situation and trends. If an employee quit their position moved on to a new position where they were classified as an RPN, then the new employer moved to the same model (laying off RPNs), they may have made a mistake (lost seniority). Most employers do not make employment decisions on a whim, and I have not met anyone, yet who enjoys firing or laying off employees.
RPNs being reclassified into lower positions seems to be a trend. I am sorry to see that happen and hope it does not happen to RNs since I am a member of that body. However, it may already have happened. I observed a PSW giving out medications at Kingsway retirement centre in Etobicoke the other day.
| | No. 18 |
Aug 20, 2009, 10:13 AM
Updated
Aug 20, 2009 at 10:28 AM by linzz
Re: Union allows discrimination against nurses
Sorry, wrong post.
| | No. 19 |
Aug 22, 2009, 10:41 PM
Re: Union allows discrimination against nurses
They weren't demoted, then. They were laid off from their original jobs and then accepted the company's offers for the CNA jobs.
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