Board retains 'nursing capacity' restriction but includes disputed RN-required positions in nurses' bargaining unit.
The Ontario Nurses' Association applied for certification and sought to remove the phrase 'employed in a nursing capacity' from the standard bargaining unit description, or alternatively, to include the positions of Nurse Clinician, Pharmacy Technician I, and Discharge Planner/Infection Control Nurse within that definition.
The Ontario Labour Relations Board declined to alter the standard craft-like bargaining unit description for nurses.
However, the Board found that the incumbents in all three disputed positions were required by the hospital to hold a Registered Nurse qualification and were expected to possess the training and skills of a nurse to perform their duties.
Consequently, the Board concluded that the positions were 'employed in a nursing capacity' and included them in the bargaining unit.
One Board Member dissented regarding the inclusion of the Pharmacy Technician I position.
Ontario Nurses' Association v. Pembroke Civic Hospital, 1993 CanLII 7911
