Canadian Labour Reporter

8 of the discipline removed from her record. Campobello Lodge is a nurs- ing home for seniors requiring around-the-clock attention and supervision. For about a year lead- ing up to her discipline, Butler was suffering with problems in one ear. The ear appeared to be infect- ed and she was put on antibiotics by her doctor. The problems did not improve, however, and Butler began to suf- fer from occasional spells of verti- go. She was referred to a specialist, who prescribed further antibiot- ics as well as a regimen of steroids. This treatment was also unsuc- cessful. Eventually Butler was diag- nosed with Methethincillin Re- sistant Staphylococcus Aureus (MRSA), a form of bacteria that has developed a resistance to tra- ditional antibiotics. Many factors present in the Lodge — including a large num- ber of residents with underlying diseases or medical conditions, and the presence of invasive de- vices such as catheter feeding tubes and tracheostomies — can raise the probability of MRSA in- cidence. Butler informed her supervi- sors and was told to take time off work and provide a doctor's note in support of her absence. Butler was also required to fill out a sec- tion of a document reporting the presence of MRSA to WorkSafe NB, as it is considered an occupa- tional disease. She completed the necessary fields but was unable to connect with her manager to return the form, as the lodge was closed to the public because of a flu infec- tion. The form clearly indicated the report "must be submitted within three days after the accident." Since time was running out, and Butler panicked. She faxed the document to WorkSafe NB from her boyfriend's place of work. Several days later, manage- ment became aware of the report's submission. Butler was informed that by submitting the report the way she had, she had committed a breach of confidentiality. When Butler returned to work, a meet- ing was held to discuss the issue of her insubordination relating to the report and Butler was sus- pended for three days without pay. The employer argued Butler failed to follow a direct order. She was told to fill out the necessary fields in the report and return it to her supervisor, who would complete the form and submit it to WorkSafe NB. The employer argued that three days' suspen- sion was an appropriate disci- pline considering the principle of progressive discipline. Butler was previously disciplined for in- subordination, the employer said, which served as a foundation for the three-day suspension. The union, however, argued there were mitigating factors that should have been taken into con- sideration. Butler attempted to return the form to her employer, but the lodge was closed to the public and she was unable to reach her manager. Butler sent the form to WorkSafe NB not as an act of defiance but to comply with the organization's requirements, the union said. Arbitrator Guy Couturier found discipline was warranted. Butler expressed no regret for her actions, Couturier said, and he found a loss of wages was justified. However, Couturier also found the three-day suspension was ex- cessive in the circumstances and reduced it to one day without pay. He ordered her benefit losses and letter of discipline be modified ac- cordingly. Reference: Campobello Lodge and the Canadian Union of Public Employees Local 2418. Guy G. Couturier — arbitrator. Michael Keating for the employer, Kim McCaffrey for the union. Aug. 10, 2015. Nurses, doctor butt heads at Toronto hospital THE UNION representing em- ployees at William Osler Health System in Toronto accused the hospital of failing to provide a safe and harassment-free work space, but an arbitrator has dismissed the case. The Ontario Nurses' Asso- ciation (ONA) filed a grievance against the hospital after the rela- tionship between staff physician Vidia Persad and certain members of the nursing staff soured over a number of years. The hospital called in an investigator from the Rubin Thomlinson firm in 2013, whose several hundred-page report identified significant concerns about Persad's conduct. Management at the hospital took serious steps to deal with Persad, but details of those steps were not divulged at the hearing. Neither the union nor the af- fected nurses were informed, nor had Persad been advised in a time- ly manner, that the complaints had been made about her in the first place. The nurses continued to believe Persad's behaviour had not changed and felt let down by the hospital. Both parties attended interim award hearings prior to the fi- nal, with the employer asking for evidence to back up the union's claim. For this, the final hear- ing, the hospital said the union could not provide sufficient evi- dence and therefore the grievance should be dismissed. The ONA on the other hand said the Rubin Thomlinson re- port clearly showed Persad dem- onstrated violent and disruptive behaviour and that the hospital failed to adequately respond to it. Arbitrator James Hayes sided with the hospital and dismissed the grievance, but said the partic- ulars posed a tough situation. "This is an unfortunate case," Hayes said. "Certain nurses feel profoundly aggrieved that they have been let down by their em- ployer. Dr. Persad certainly feels that she has been victimized in that she has done everything asked of her by the hospital." Hayes added that the hospital did a great deal to improve a diffi- cult situation. "The union has had ample time to focus the litigation but has not done so. Adequate particulars of misconduct said to state a case of workplace harassment were not provided," he said. "The nurses may be of the view that the Thom- linson report, standing alone, should be adequate notice of the case to be met. "But that is not how matters such as these are tried, nor is it what was directed, on consent, in the two interim awards." Such events would need to meet the threshold to establish a prima facie case of workplace ha- rassment. As it was not, Hayes dis- missed the grievance. Reference: William Osler Health System and the Ontario Nurses' Association. John D'Orsay for the union, Robert Weir for the hospital. James Hayes — arbitrator. Oct. 8, 2015. Canadian HR Reporter, a Thomson Reuters business 2015 October 19, 2015 ARBITRATION AWARDS < from pg. 1

• Cover