Canadian Union of Public Employees and its Local 2119-01 v. Carleton Place Manor, 2001 CanLII 19053

Ontario Labour Relations Board

File No.: 0467-01-M Date: August 14, 2001

Between: Canadian Union of Public Employees and its Local 2119-01, Applicant v. Carleton Place Manor, Responding Party.

Before: Laura Trachuk, Vice-Chair.

Decision of the Board

1This is a referral from the Minister of Labour to the Board pursuant to section 3(2) of the Hospital Labour Disputes Arbitration Act (referred to as HLDAA). The question which has been referred to the Board for its advice is the following:

Is Carleton Place Manor a “hospital” within the meaning of the Hospital Labour Disputes Arbitration Act?

2The parties have agreed that the Board may determine this matter on the basis of their written materials.

3A “hospital” is defined under HLDAA as follows:

any hospital, sanitarium, sanatorium, nursing home or other institution operated for the observation, care or treatment of persons afflicted with or suffering from any physical or mental illness, disease or injury or for the observation, care or treatment of convalescent or chronically ill persons whether or not it is granted aid out of monies appropriated by the legislature and whether or not it is operated for private gain, and includes a home for the aged.

4A “hospital” therefore includes a home for the aged and the Divisional Court has determined that the words “home for the aged” are to be given their ordinary meaning and not be limited to their definition under other legislation. (see Carefree Lodge v. O.N.A., Ont. Div. Ct, unreported, November 2, 1976 and Nel-Gor Rest Home v. London and District Service Workers’ Union, Local 220, Ont. Div. Ct. unreported, March 19, 1985) The Board has followed that ruling in a number of subsequent decisions. After reviewing the materials provided by the parties, the Board does not find that the facts of this case are distinguishable from those in which the Board has found similar institutions to be hospitals under HLDAA. In particular, the facts in this case are similar to those in Meadowcroft Place (Guelph) [1995] OLRB Rep. November 1375 and Meadowcroft Holdings Inc. [1997] OLRB Rep. Jan./Feb. 74.

5Carleton Place Manor is an eighty-nine suite facility which currently provides residential accommodation for seventy residents. The residents range in age from 70 to 94. The average age is 80. It appears that the majority of the residents are quite independent. However some of them do suffer from ailments such as arthritis, partial blindness, emphysema, cancer, Alzheimer’s disease, heart conditions, high blood pressure, manic depression, schizophrenia, chronic heart failure and transient ischaemic attack. The facility provides all meals, linen laundry housekeeping services. It is staffed by 17 registered practical nurses and health care aides who report to a Director of Care. There is no physician on staff. There are also kitchen, housekeeping, reception and dining room staff. Although there is some dispute as to the extent of the need, the residents are offered, and receive, assistance with activities of daily living such as bathing, dressing etc. Extra services are provided on a fee for service basis by the staff although the residents have the option of hiring someone outside the facility. Meals are taken in a dining room although there is the option of room service. All rooms and bathing rooms are equipped with call bells. One registered staff member is on duty at all times. The nursing staff administers medication to the majority of the residents although some are self medicating. The nurses monitor blood pressure, blood sugar and insulin. They provide dressing changes and insulin injections. Nurses are required to keep notes on the residents’ health at least once per month and more often if necessary. Notes are kept on the administration of medication.

6The facility’s brochure describes the health care available as follows:

Our on-site Health Care Center is staffed 24 hours a day with licenced and professional staff available to support you with personal care needs and respond to a variety of health care issues. Licenced Nursing staff can secure medications for you through a pharmacy and if you wish, distribute the medications to you. You may retain your present physician or if you choose you may use the services of our house physicians who visit weekly. The choices are yours to make.

7The facility’s services generally are described as follows:

Rental costs are dependant on the suite you choose to line in. All permanent residents at Carleton Place Manor enjoy the benefits of three meals and three snacks per day in our attractive dining room, daily housekeeping services, weekly laundry and bed linen services, all in-house activities and the distribution of medications and care planning by our professionally licenced staff.

8The job description for the registered practical nurses describes their duties as follows:

• Gives or receives Report at the beginning and end of each shift.
• Participates in the development of a health care plan for each resident and ensures that it is carried out, reviewed and revised as necessary.
• Carries out constant surveillance of residents for physical and emotional well-being and accounts for each resident on each shift.
• Administers and/or supervises medications as ordered by attending physicians of residents.
• Assists residents with personal care as required.
• Charts any unusual symptoms/observations.
• Calls resident’s physician when necessary.
• Orders medications for all new residents on admission and PRN.
• Gives treatments PRN (compresses, simple dressings, etc.).
• Orients, trains and supervises attendants (HCAs) and orients any Agency Relief Staff as necessary.
• Reports any unsafe conditions, fire hazards, etc.
• Maintains confidentiality.
• Performs other related duties as required.
• Applies first aid procedures to residents and staff for minor injuries and completes incident reports.
• Arranges ambulance for transportation to hospital when required.
• Contacts resident’s physician and relatives.
• Is knowledgeable of and enforces the facility’s Fire Plan. (Ensures that she/he has read and fully understands the Plan.)

9It is apparent from the above that observation, care and treatment of elderly residents is a core service offered by Carleton Place Manor. The staff assists the residents in activities of daily living as required. The health care staff observe the residents “for physical and emotional well-being”. In C.U.P.E. Local 2542 v. Dignicare Incorporated c.o.b. Orleans Community Care Centre Ont. Div. Ct. file no. 462/90, unreported, Feb. 12, 1991 the Court held that the “observation, care and treatment” referred to in section 1(1) of HLDAA need not be of a medical nature. The residents of Carleton Place Manor like those in Meadowcroft Place (Guelph), supra are receiving observation, care and treatment of both a medical and non-medical nature. It is irrelevant whether the care is on a fee for service basis or is included in the basic fee.

10Like the facilities in Meadowcroft Holdings Inc. supra and Meadowcroft Place (Guelph), Carleton Place Manor “provides basic accommodation, meals, companionship, some medical care and social activity for its residents, all of whom are elderly and some of whom are frail or in need of care.” (See Meadowcroft Holdings Inc. supra at para. 52.) Like the two Meadowcroft facilities, Carleton Place Manor is “concerned with the accommodation, observation, assessment and supervision of its aged residents.” (See Meadowcroft Holdings Inc. supra at para. 52.) Like them it is a home for the aged and thus a “hospital”.

11The Minister’s question is answered in the affirmative. Carleton Place Manor is a hospital within the meaning of the Hospital Labour Disputes Arbitration Act.

“Laura Trachuk”

for the Board