ONA, Hotel-Dieu Grace Hospital Resolve Grievance

    TORONTO, July 21 /CNW/ - The Ontario Nurses' Association (ONA) and
Hotel-Dieu Grace Hospital in Windsor have resolved a long-standing grievance
filed by ONA following the tragic death of Lori Dupont, RN.
    Details of the resolution are attached in a joint communiqué.

    ONA is the union representing 54,000 registered nurses and allied health
professionals working in hospitals, long-term care, public health, the
community and industry.
    ONA is celebrating 35 years of nursing advocacy - a proud past, a
powerful future.

                                 APPENDIX "C"

                               JOINT COMMUNIQUE

    The Hospital and the Ontario Nurses' Association are pleased to advise
that the grievance filed by the Association following the tragic deaths of
Lori Dupont and Marc Daniel has been resolved. In its grievance, the
Association asserted that the Hospital had failed to take all steps necessary
to maintain a safe workplace free from violence, harassment and discrimination
in contravention of the parties collective agreement and various statutes. The
Hospital denied that it failed to maintain a safe workplace free from
violence, harassment and discrimination, or that it had violated the
collective agreement and statutes, as alleged, or at all. A settlement to this
grievance was reached after lengthy mediation between the parties with the
assistance of Mediator Louisa Davie.
    In settling this grievance, the Hospital and the Association wish to
reaffirm their mutual, unqualified commitment to maintain a workplace which is
free from violence and reiterate their commitment to support the Hospital's
Workplace Violence Prevention Program. The Program recognizes a broad
definition of violence which covers both physical and verbal conduct of an
abusive nature.
    The Hospital also reaffirms its commitment to implement all of the
recommendations of the Coroner's Inquest which is within its legal scope to
do. This includes changes to the Hospital's Medical staff Governance By-Laws,
including the mid-term review of physician privileges. In turn, the
Association reaffirms its commitment to support the implementation of the
recommendations at the Hospital.
    In keeping with these commitments, the Hospital will continue to train
all staff including physicians on the prevention of workplace violence during
initial orientation and prior to renewal of a physician's privilege.
    In keeping with these commitments, the Hospital will hire in consultation
with the Association, a full-time Safe Workplace Advocate to promote and
monitor the Workplace Violence Prevention Program. This person will be
available to consult with and provide supportive assistance to staff,
including those seeking to access the program. This person will also
facilitate the education and training of staff, including physicians,
regarding the program and will support management and physician leaders in
addressing incidents reported under the program. Input for revisions to that
program has been sought from various sources including the Association and is
being considered by the Workplace Violence Prevention Committee. The Hospital
will consult with the Association prior to implementing any changes to the
    This program has been incorporated into the Collective Agreement between
the Association and the Hospital and are subject to the grievance/arbitration
provisions of that Agreement. We have agreed that where an allegation of
workplace violence from a member of the Association involves a physician, the
process will provide for an impartial, arm's-length fact finder who will
conduct the required investigation and prepare a written report and may make
recommendations. The fact finder's report and recommendations will be provided
to the Hospital and the Association and confidentiality will be maintained
throughout the process. The Hospital's program requires the CEO and the
Medical Advisory Committee to forward appropriate recommendations to the Board
of Directors of the Hospital. We have agreed that where the Medical Advisory
Committee's recommendations differ from those of the fact finder, both sets of
recommendations will be forwarded to the Board. We will jointly agree on a
list of fact finders who will have the skill, expertise and experience
suitable to investigating and making recommendations regarding workplace
    The Hospital and the Association both recognise the need to address
allegations of workplace violence expeditiously. To that end, where an
allegation of workplace violence involving a physician and a member of the
Association is not resolved in accordance with the Program and/or the fact
finding process, we have agreed to an expedited arbitration process. The
parties have jointly agreed to a list of three arbitrators to adjudicate under
this expedited process. The hearing will commence no later then 45 days from
the request for referral. The arbitrator will ensure that the hearing is
completed within 6 months and will issue an award within 30 days of completion
of the hearing.
    As part of its commitment to maintain a workplace that is free from
violence, the Hospital has provided, and will continue to provide, education
to all of its employees on the prevention of workplace violence. The Hospital
has also provided education to most of its physicians. In 2007, the Hospital
Board took the position that all physicians granted medical privileges at the
Hospital will receive adequate and appropriate training and information on
prevention of workplace violence and the Program. The Hospital confirms this
commitment. New physicians will receive their training during initial
orientation. Physicians with existing privileges who have not received this
training, will receive the training prior to the next renewal or extension of
their current privileges. Training is compulsory for all physicians and
granting privileges will be conditional on completing the training.
    As a means of providing a lasting tribute to Lori Dupont within the
hospital, HDGH will establish an annual $5,000 bursary program in the name of
Lori Dupont for members of the Association's Bargaining Unit. Successful
applicants will be entitled to receive up to $1000.00 each for educational
purposes. The winners will be announced during Nurses' Week in each year.
    The Hospital and the Association join together in encouraging all
employers, bargaining agents, professional associations and workers to work
together to take effective steps to promote violence free workplaces for all.

For further information:

For further information: Ontario Nurses' Association, Sheree Bond, (416)
964-8833, ext. 2430, Cellular: (416) 986-8240; Melanie Levenson, (416)
964-8833, ext. 2369

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