Twin Oaks Memorial Hospital v Nova Scotia Nurses' Union (NSNU)

Document Type

Arbitration Decision

Publication Date

8-30-1982

Keywords

Assignment, Policy, Collective Agreement, Salary Scale, Retroactive Wages, Experience

Abstract

The Union processed a policy concerning the failure of the Employer to properly assign nurses to the appropriate levels on the salary scale, and the failure to make such assignments retroactive. The first Collective Agreement between the Parties was ratified in November, 1981, but wages were made retroactive to April 1, 1981. Placement on the salary scale depended on proof of satisfactory pervious nursing experience. The question of the proper placement on the salary scale was not raised until March, 1982. The Employer claimed that any remedy could only cover the 10 days previous, because of the provision that an individual grievance be launched within 10 days. On the merits, the Union claimed that the retroactivity of wages included placement on the salary scale. The Employer disagreed. There was also a dispute as to when a nurse had to produce the evidence of previous nursing experience. The Employer claimed that such proof had to be offered after the signing of the Collective Agreement to affect the placement on the salary scale. The Union disagreed. Another issue of contention was the matter of what constituted 'satisfactory' previous nursing experience.

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