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Peterborough Regional Health Centre showed zero tolerance for a registered nurse who was accused of bullying registered practical nurses who were replacing more-expensive registered nurses in her unit, an arbitrator’s award shows.
Maureen Withers intimidated and bullied co-workers, making it clear RPNs weren’t wanted in the dialysis unit and couldn’t expect support from RNs, arbitrator David Starkman states in a May 7 award document obtained by The Examiner.
Starkman reviewed the evidence and supported the hospital’s findings that Withers bullied newly introduced RPNs in the dialysis unit between September and November 2010.
But Starkman ruled Withers shouldn’t have lost her job because of the incidents, calling it too severe a penalty. He noted that the hospital didn’t try less severe discipline to resolve the situation before resorting to termination.
Starkman states in the decision that he couldn’t be sure Withers would stop her efforts to prevent or discourage RPNs from working in the dialysis unit, so he stopped short of ordering her reinstatement.
Instead, Starkman told the hospital to pay Withers damages in lieu of reinstatement.
“In this matter the grievor’s actions were extremely subtle, and in that sense were extremely insidious,” he states. “The workplace is a hospital which requires teamwork in order that patient care is not compromised…. Her behaviour at the very least contributed to the destabilization of an entire department, and contributed to the resignation of at least two RPNs.”
Withers couldn’t be reached for comment.
The Ontario Nurses Association didn’t respond to a request for an interview.
The case is being appealed, PRHC spokesman Arnel Schiratti said, adding he wouldn’t comment on the specifics of the case.
“We take a very firm line with respect to tolerating abuse and aggressive behaviour,” he said. “We have a policy with respect to aggressive behaviour and abuse that we take very seriously… It’s not only policy; it’s also the law in Ontario.”
Withers was accused of subtle intimidation including brushing by an RPN, bumping her with her shoulder, rolling her eyes, staring, implying that an RPN didn’t have sufficient knowledge or training to work on the dialysis unit, and yelling at an RPN.
The re-organization of the dialysis unit had been the focus of a review initiated by the Ontario Nurses’ Association through a request under the collective bargaining agreement between the hospital and the union. Outside experts who completed the review, which was released in January, came up with recommendations on how to improve the situation in the unit, including adding positions, tracking the restructuring, filling the vacant manager position and providing more support to try to reduce the amount of staff turnover.
Between January 2011 and January 2012, 14 registered nurses and five registered practical nurses left the unit that had 37 nurses at the time of the review, the Independent Assessment Committee found.
The introduction of registered practical nurses in the dialysis unit happened quickly, Schiratti said.
“The situation was what the situation was with respect to our financial position,” he said.
PRHC is working with the Ontario Nurses Association on a steering committee to ensure that the working and caring environment is as optimal as possible, Schiratti said.
“The working atmosphere is improving significantly,” he said. “We have a long way to go yet. We know that. This is not an easy transition.”
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