It’s about Relationships

Recently, I had an opportunity to speak to an audience of professionals employed in the financial services sector. As nonunion employees, they knew very little about labour representation. Most of what they knew was based on media reports about union activities.

Their understanding of the work of a union representative was that our work mostly revolves around issues such as contract negotiations, grievances, arbitration, and work stoppages. What was a surprise to this audience—one they found refreshing—is the fact that building, preserving, and restoring relationships is one of our core functions. Without good relationships, the work becomes difficult and burdensome to do, often litigious, and the outcomes pale in comparison to what can be achieved otherwise.

Here’s an example.

A nurse was terminated for cause at a hospital in BC’s East Kootenay region. Her union filed a grievance and the grievance was caught up in an arbitration backlog expected to last close to two years. 

As the termination was disputed, and the cause was not a single-issue termination incident, the nurse’s license was under review (but not suspended), with a decision on the review to be made after the arbitration. While awaiting this process to run its lengthy course, the nurse obtained employment at a long term care home represented by CLAC.

She had no serious issues during her probationary period. But not long after, she was repeatedly coached and received warnings of record for deficiencies in the quality of her interactions with the elderly residents. The employer said she was gruff—even rude at times—though her clinical skills were good. A progression of discipline eventually led to her termination.

When I met with the nurse, she explained that the BC College of Nursing Professionals had informed her that her licence would be suspended if she was subject to a second for-cause termination. Her right to continue practicing as an RN was at stake.

During the meeting, I learned that she actually loved her job, but she had struggles in her personal life that impacted her ability to provide quality care. She added that she felt that her chances of reinstatement were slim and feared another long delay in having her case heard by an arbitrator. The college had been advised of the second termination.

During a phone call to the college, it became clear that they knew the nurse by name—one of 33,900 RNs licensed in the province. Her name had floated to the top, and that was not a good indication.

The day before the grievance meeting, I met with the employer in a confidential meeting that did not include the nurse. I had a very good working relationship with the employer, one that had been built on mutual trust and respect over the years. I explained that I had faith in the nurse’s ability to overcome the obstacles in her path, and that she was willing to own her conduct. I asked the employer to consider this during the grievance meeting.

The next morning, I met with the nurse, who brought along a friend to support her, for breakfast. The friend was very direct: “What can this so-called union do for my friend?”

I calmly explained that there are never guarantees but that I had hope that we could overturn the termination. And I had faith in the nurse’s ability to correct her bedside manner and continue nursing.

The grievance meeting lasted two hours. The employer’s assessment of the situation was accurate, and the nurse admitted to her culpability. The employer was legally in a position to make the dismissal stick.

But rather than terminate the nurse, the employer decided to reinstate her. She returned to her job at the start of the next schedule.

Key to her reinstatement was that her union had faith in her ability to correct her behaviour going forward. I was able to bring the employer to a place where they recognized and accepted this.

If it had not been for the positive working relationship we had with the employer, we would have had no reasonable chance to overturn the termination.

The nurse subsequently succeeded in rebuilding the relationship with her employer and residents. Everyone gained respect for the manner in which she overcame a situation that could have seen her permanently banned from nursing in the province.

For this nurse, her willingness to accept responsibility and change her behaviour gave her a second chance at a career she loved. But this second chance was only possible because of a relationship with her employer built on trust and respect.