Practice and Workplace Issues

For over 50 years we have fought together to protect members in their workplace. As members of a union, there are levers available to us if lines are crossed, workplace rights are denied or conditions are unacceptable.

The grievance process, Workplace Situation Reports and Professional Practice Committee are our levers of power. It might seem like a lot of work to submit a report for every issue or concern, especially when issues are reccurring, but remember: if you don’t submit a report, you’re saying that your shift was fine.

Grievance and Arbitration

NBNU helps its members administer and enforce the terms of the collective agreements. Some services include grievance representation or representation at NANB and ANBLPN, to name a few. Our Labour Relations Officers as well as our Local Presidents are equipped with resources to assist members in this process.

Filing a grievance

NBNU represents members during grievance procedures against employers who are in violation of the collective agreement. The grievance process protects the nurse by providing the opportunity of a fair hearing and the right to grieve an unjust situation.

The grievance procedure is described in each collective agreement and must be followed. Otherwise, the grievance may be disallowed. Your collective agreement is a contract binding all parties. Negotiated rights and obligations cannot, under any circumstances, be removed or modified.

NBNU represents numerous nurses in grievances each year and many are settled before they reach adjudication. If you have a grievance with your employer, please contact your Local President or Labour Relations Officer.

Arbitration/Adjudication

If the complaint cannot be resolved through the grievance procedure, the matter will be referred to adjudication, where a final and binding decision will be made by an external independent third-party adjudicator. The decision to refer the matter to adjudication rests solely with NBNU and occurs after a thorough examination of the facts.

Adjudication is the private, judicial determination of a dispute by an independent third party. Adjudication is an alternative to court action (litigation), and generally, just as final and binding.

General principles of adjudication are as follows:

  • The object of adjudication is to obtain a fair resolution of disputes by an impartial third party
  • Parties should be free to agree how their disputes are resolved
  • Courts should not interfere

Work Situation Reports

As a nurse, you may face problems that impact your practice. The Work Situation Report (WSR) is a process for addressing problems that cannot be resolved at the individual level and must be forwarded to the employer.

By reporting workload concerns and completing a WSR (available in the Member Portal) every time there is a workload concern, a practice issue or an unsafe condition, the responsibility is shifted back to the employer.

This is the first documented step to identify and demonstrate ongoing problems which will require a response by your manager or people in authority. It also acts as evidence that you have identified an issue related to patient safety or potential risk.

The WSR is an important document that can help argue:

  • Increased need for staffing levels
  • Practice-setting improvements
  • Safer workplaces
  • Improved communication processes with the employer
  • Enhanced nursing practice/quality of care
  • Provision of necessary equipment and supplies

WSR Process

Define—Identify facts (date, time, who, what, where) and define concerns (Standards of Practice, Health and Safety, Safe Staffing, etc.)

Communicate—Effectively communicate the issue with your Direct Supervisor in an attempt to resolve the issue informally. If the issue cannot be resolved informally, inform your Local Representation of the issue identified and discussed with your direct supervisor.

Document—Fill out WSRs as issues occur and reoccur. Prepare three copies of each WSR, keep one for yourself, and deliver one to your Direct Supervisor and Union Representative at the Professional Practice Committee.

Professional Practice Committee

Professional Practice Committees (PPC) provide an avenue for the employer and employees to discuss strategies and/or solutions relating to professional issues facing nurses in their workplace. The Committee shall be advisory in nature and shall not substitute for staff or head nurse meetings or normal lines of communication in the workplace.

Issues may arise under the collective agreement. However, some issues can wait until a PPC meeting, while others may result in a grievance being filed before it can be discussed at the meeting.

How it works

Nurses may take concerns and/or problems to their Local Presidents, either at Local meetings or through the WSR. In turn, the Local President and Executive will review the issue and determine if it should proceed to the PPC, and if so, will table the issue with the Committee. This gives the PPC the opportunity to jointly address problems before they escalate.

A PPC works effectively when both parties are willing to communicate and cooperate for the benefit of everyone involved. When both parties approach problems on the level of “what is right” as opposed to “who is right,” problems get solved. Establishing an effective communication system helps ensure positive problem solving.

Benefits of a PPC

For management:

  • An early discussion of operational challenges and other concerns helps solve potential problems
  • A timely response to these problems helps resolve potential grievances
  • A more positive relationship with the union and better nurses’ communication through elected leaders

For NBNU:

  • An open communication channel with top management
  • An opportunity for input regarding many operational problems and management plans that affect the nurses
  • A way to address problems before they escalate

For consideration:

  • Without a PPC, the organization’s nursing department would not be as successful as it should be
  • Open relations and problem-solving strategies can benefit everyone
  • The PPC sheds light on difficult working conditions and enables a sensible, alternative approach to problem-solving

Interested in learning more?

Download the Understanding the Professional Practice Committee Guide to learn more about categories of issues and concerns.

Frequently Asked Questions

Reporting professional practice problems is a way of documenting your efforts to advocate for safe patient care. Reporting a professional practice problem is a constructive action that can help protect patients/clients/residents and let your colleagues know there is a mechanism in place to help you to provide safe patient care as required by our standards of practice.

All issues that arise under the collective agreement must be brought to the attention of your Local President. They will determine how the issue needs to be dealt with. It might only require discussion with the Manager or at the PPC, where it might be resolved, or it may result in a grievance being filed.

You should first discuss these concerns with your Manager. If you’re still uncertain, contact a Nursing Practice Consultant at the Nurses Association of New Brunswick (NANB) at 1 (800) 442-4417 or at (506) 458-8731. Following this, if you are still uncomfortable, then contact your Local President or Labour Relations Officer.

Questions about the autonomy of LPNs are best answered with reference to the License Practical Nurses’ Act (2002) which defines the Practical Nurses as:

“…a graduate of an approved school of practical nurses who, being neither a registered nurses nor a person in training to be a registered nurse, undertakes the care of patients under the direction of a registered nurse of duly qualified medical practitioner, for custodial, convalescent, sub acutely ill and chronically ill patients, and who assists registered nurses in the care of acutely ill patients, rendering the services for which her or she has been trained.”

“The Registered Nurse works as an independent practitioner or team member in all settings while the license practical nurse works as a team member in all settings.”

Any questions, issues and concerns in regards to the LPN/RN scope of practice should be referred to NANB’s Nursing Practice Consultant at 1 (800) 442-4417 or at (506) 458-8731.

Assess the situation: identify and prioritize the necessary nursing care required to meet the needs of the patients. Notify the supervisor and complete a WSR to explain the specific consequence on safe patient care, on the working environment and on how you were unable to meet your standards of practice if this is the case. Briefly describe the situation and what would be a possible solution. Never identify patients. Notify your nurse manager and your Local President of the issue to find solutions and ask to be informed about any continued effort to resolve the situation and get assistance.

You need to contact your Local President so that the matter can be discussed at the PPC. It may involve various articles in the collective agreement if RN positions are cut and the Labour Relations Officers may need to get involved.

You should complete a WSR and discuss the matter with your Manager and your Local President, who will in turn discuss it at with PPC and/or Labour Relations Officer.

Mandatory overtime is not part of the collective agreement in New Brunswick except in emergency situations.

You are expected to promote patient/client safety and support your colleagues. This does not require you to accept additional shifts in non-emergency situations. You must inform your employer/supervisor/Nurse Manager in a timely manner if you are not able to assume any additional shifts so that the employer can ensure adequate staffing. A WSR should be filled out as a follow-up to ensure that these situations are avoided in the future. The Code of Ethics for Registered nurses (2002) states the following:

“If nurses determine that they do not have the necessary physical, mental or emotional well-being to provide safe and competent care to persons, they may withdraw from the provision of care or decline to engage in care. However, they must first give reasonable notice to the employer…and take reasonable action to ensure that appropriate action has been taken to replace”

You may stay and provide help for a few extra hours to ensure that patient/client safety is not compromised; however, you must know when it is time to stop in order to not compromise patient/client safety. Consequently, should a replacement not show up at the end of your shift and should you decide to leave, this might severely compromise patient/client safety and it could be considered negligence or professional “misconduct.” You must notify your employer/supervisor/Nurse Manager of the situation immediately and clearly state how long you are able to stay. It is the employer/supervisor/nurse Manager’s responsibility to arrange for a replacement. Document what actions were taken by your employer/supervisor/Nurse Manager in finding an adequate replacement.

Make sure to let your Local President know of this situation. You may also contact the Nursing Practice Consultant at the Nurses Association of New Brunswick (NANB) at 1 (800) 442-4417 or at (506) 458-8731 to inform them of this situation and the fact that you felt that you were put in an unsafe practice environment.

Submit a Work Situation Report

These reports and forms are essential levers of protection for all our members. You’re not just submitting a report for you, you’re taking a stand for all of us.

Find your Labour Relations Officer

You’re not in this alone. Labour Relations Officers can help you navigate the system to make sure you are using the power available to you. Find yours in the portal.