The provincial labour board has rejected a New Glasgow nurse’s complaint that her union didn’t fairly represent her after she was accused of being impaired at work.
The registered nurse, who is identified only as SA in a Nova Scotia Labour Board decision, missed a 90-day deadline that covers such complaints, the Nova Scotia Labour Board ruled in its Dec. 4 decision.
The case stems from an incident on Sept. 3, 2018, when SA was accused of being impaired while on duty at the Northeast Nova Scotia Correctional Facility as a Victorian Order of Nurses employee.
She was escorted out of the correctional facility after being informed that she was “under the influence," the decision says.
“VON management advised her that she was being placed on administrative leave pending the outcome of an investigation into the allegation of impairment. SA’s position is that she was not impaired while at work.”
A Nova Scotia Nurses Union representative advised her to attend a local hospital for testing. After doing so, the nurse told the union rep that an emergency room doctor told her wasn’t found to be impaired. The nurse also said an RCMP officer tested in the jail parking lot and also concluded she wasn’t impaired.
The VON, through the union, said they would consider returning her to work if she submitted her hospital test results, which the nurse refused to do.
“Notwithstanding SA’s refusal to supply her test results to VON, on September 6, 2018, a VON manager contacted SA’s spouse to advise that SA was permitted to return to work effective September 7, 2018, to be assigned 'in the community,' not at the correctional facility where she normally was assigned.”
SA did not report for duty in the community because she said her doctor had placed her on medical leave. The nurse also told the union she wanted to file a grievance against the VON for placing her on paid administrative leave on Sept. 3, but her union representative said there was no basis for the grievance.
The nurse continued to communicate with her union rep in the fall and winter of 2018. The union said she could return to work at the New Glasgow jail if she received medical clearance to do so.
SA was cleared to gradually return to work at the jail in mid-February 2019, the decision said.
“She then attended a meeting with representatives of her union and VON to ensure that her version of events of September 3, 2018, was recorded and discussed. VON confirmed that she could return to her assignment at the NNSCF provided she follow a reorientation session. SA then returned to work at the NNSCF on March 12, where she continued to work until June 4, 2019.”
The nurse left at that time because she said the VON wasn’t dealing with bullying and harassment at work related to rumours being circulated by her co-workers about her having “addiction issues."
She also left because of "an emotionally traumatic incident at work. This incident was related to an allegation that was made against SA that she had extracted an inmate’s tooth," the decision said.
After her resignation, the nurse continued to communicate with her union regarding the VON’s harassment policy and her concerns about how the employer had handled her case.
SA filed a complaint with the labour board against the union on July 31.
“In terms of union conduct, she asserts that her union refused to discuss the issue of the September 2018 incident with her while she was on medical leave, despite her medical professional’s opinion that she was capable of attending meetings in this regard,” the board said.
“She further states that the Union failed to provide her with adequate representation during the year since September 3, 2018, and/or ascertain any information as to how the September 3, 2018 incident commenced. She stated that the Union allowed VON to continue to harass her in March 2019.”
But the board dismissed her complaint because no “actions or circumstances giving rise to the complaint” occurred in the previous 90 days, as set out under labour legislation. This “untimely” argument also was the NSNU’s position in its submission to the board.
A Nova Scotia Nurses Union representative said it could not comment on the case because it would violate the nurse's confidentiality.
The Chronicle Herald also has asked the VON for comment.
