Long Term Care Facilities

It's Our Nature to Care

A newsletter for OPSEU Members working in Long Term Care

Spring 2011

New Long Term Care Homes Act – Improvement or Not?

Our provincial government has passed the long awaited Long Term Care Homes Act (LTCHA). This new legislation encompasses legislation from several Acts including Nursing Home, Long Term Care and Homes For the Aged and Rest Homes Acts. The Nursing Manual is also due to be removed from facilities as well.

Your Sector Executive submitted submissions so that workers’ views and concerns could be expressed.

In our submission in the second set of the draft regulations, we were concerned about the qualification article regarding Personal Support Workers (PSW). It stated that after March 31, 2011, any new hire for PSW classification must have that certificate/diploma listing specifics from the course/clinical hours. In the LTCHA

Sec.47 (3), there is an additional subsection which read, “Despite subsection (1), a licensee may hire as a personal support worker or to provided personal support services, (a) a registered nurse…..(b) a person who was working or employed at a long term care home at any time in the 12 month period preceding the first anniversary of the coming into force of this section as a personal support worker and who has at least three years of full time experience, or the equivalent considering part time experience, as a personal support worker;”. This is good news. The concern that your executive had was there is a large number of seasoned staff who received their education during the Health Care Aide years. This will now give those HCAs a chance to be hired at a new workplace. Please note the word ‘may’.

Under Continence Care, Section 51(2)(f) states, ‘there are a range of continence care products available and accessible to residents and staff at all times, and in sufficient quantities for all required changes’. This means that you should not have to search or hoard the products. Most of us have experienced times when the product is just not there. Someone, usually the Nurse in Charge during non-business hours, has a master key. Staff should not be forced to waste valuable time looking for incontinent products.

Another missing item is the specifics under Basic Accommodation relating to personal grooming and hygiene supplies. The Nursing Manual list key items such as skin care lotions and powders, shampoos, soap, deodorant, toothpaste, toothbrush, denture cup and cleansers, toilet tissue, facial tissue, hairbrush, combs, razors, shavers, shaving cream and feminine hygiene products. The new legislation, under Section 44, refers to supplies that meet the needs of residents. Referring to the manual will assist you when needing supplies that may be purchased by families.

There are some good points to this new Act, however, we still have no minimum care standards. The demand for 3.5 hours per day for care is not mandated. Advocates everywhere wonder why the government has not lived up to their campaign promise from two elections ago.

The LTCHA can be found at
www.e-laws.gov.on.ca .

OPSEU Rallies In Support of Local 299 Members

By Joan Corradetti

Lee Manor Home for the Aged in Owen Sound voted to join OPSEU two years ago. This ended 23 years with Christian Labour Association of Canada (CLAC) as their union.

Recently, CLAC infiltrated Lee Manor and somehow, barely, collected enough signed cards to apply to the Ontario Labour Relations Board to schedule a Displacement Vote. In anticipation of the open period, CLAC spread rumours throughout the nursing home and criticized the contract awarded by the arbitrator to undermine OPSEU. But the members were not buying it.

OPSEU increased its share of the vote from about 75 per cent in 2008 to almost 80 per cent of the vote with an overwhelming 90 per cent turnout from the 180-member unit.

The Local Executive, led by President Annamarie Hampton-Alcock and LEC members Kelly Byers, Roberta Lemay and Todd Clouatre, rallied and persevered with the assistance of OPSEU staff and members. The support they received from the President right through the ranks including Organizing, Pay Equity, Communications and EBMs all played a key role in getting accurate information out to their members.  As Chair, I was asked to attend and assist the local wherever I could. It was an honour and pleasure to witness the solidarity within that local.

Hampton-Alcock said: "A strong mandate was received from the members that they are happy with OPSEU. The members wants a strong voice and union to help them fight this employer. As the workload increases in the home and more employees suffer injuries, they want a strong force to back them. This was lacking in the 23 years prior with CLAC. The members are strong, united and willing to stand together."

Two weeks after the employer witnessed the strong mandate for OPSEU, they settled six grievances to our satisfaction. One more indication of the importance of having the members mobilized behind OPSEU as their union of choice.

Legislative Changes to the Workplace Safety Insurance Act (WSIA)

By Sheri Perreault

The Workplace Safety Insurance Board (WSIB) has done some research on the implemented Return To Work (RTW) process that most workplaces currently have. The result is that most RTWs are not successful. It was found that a lot of workers, employers, worker representatives (union) were not aware of their rights and obligations. This is now being called Work Reintegration. Also, it is now legislated that WSIA and Occupational Health and Safety Act work together in protecting the workers.

The new WSIB policies now outline clearly the responsibilities of each person involved in the RTW process. The purpose of this is for all to work together to get the injured worker back to work safely and with dignity.

Legislation now includes that the union has a legal responsibility to assist the injured worker with the accommodation process.  On the Form 6, there is a spot where the injured worker authorizes their worker representative to speak with the Board on the injured workers behalf.

It is suggested that all worker representatives take the time to familiarize themselves with the new changes. To see all the changes visit www.wsib.on.ca , www.elaws.ca  and www.ohrc.on.ca . Let’s get our members back to work safely

Around The Sector

Meaford Long Term Care

Local 289 (Meaford Long Term Care) is one of the newest OPSEU units in this sector and unionized for the first time in 2008. In 2010 we achieved our first contract in the Home after many delays due to having to proceed to interest arbitration. In the end the contract brought total wage increases of more than 5.1 per cent (over 28 months) and the contract expires mid-2011.

Most importantly, the contract brought the home much closer to industry standards in key areas such as part time pay-in-lieu, uniform allowance, and the all-important dental plan.

Diane Wark, chair of the bargaining team, elected president of the Local in 2010. Diane and her team are closely managing the transition to a fully unionized environment with a working collective agreement and the resulting growing pains. This year the members will be preparing to go to the table once again for a renewal agreement.

Grey Gables

OPSEU represents two long term care facilities run by the County of Grey. The smaller of the two homes is Grey Gables in Markdale. Staff there are members of Local 266. The contract at this Home will be arbitrated in March 2011. Outstanding union issues include catching up to the wages in the other County Homes in Grey and Bruce Counties. For the employer, the goal was to greatly reduce the part-time pay-in-lieu. OPSEU would not accept this concession at the table, although the CAW did accept this in the one local home they represent. The County’s consultant, Bass Associates, insultingly told the Grey Gables team at the table that local nursing home staff were overpaid and asked why they didn’t find another job. One team member did exactly that

During the course of bargaining, the County had a parting of the ways with the former Administrator of the Home. Members are more optimistic now that a new County CEO and Administrator now in place.

Donna van Eck has been a stalwart Chief Steward and Tanya Petch has been acting in that capacity through Donna’s unfortunate absence due to injury.

Lee Manor is the other Home in Grey County (see article on page 2).

Your Sector Executive

Joan Corradetti, Chair, L261
Regional Municipality of Halton - Allendale

Terri Lynn Long, Vice-Chair, L305
Pines Nursing Home District Municipality of Muskoka

Sheri Perreault,
Secretary/Treasurer, L282Regional Municipality of Halton – Post Inn Village

Jackie Lafleur, Communications Coordinator, L668
Independence Centre & Network (ICAN)

Authorized for distribution

Warren (Smokey) Thomas
President