OCB AWARD NUMBER: 1798

SUBJECT: / ARB SUMMARY # 1798
TO: / ALL ADVOCATES
FROM: / KENNETH COUCH
OCB GRIEVANCE NUMBER: / 33-00-20031125-0145-02-11
DEPARTMENT: / Veterans Home
UNION: / 1199
ARBITRATOR: / Robert G. Stein
GRIEVANT NAME: / LaTonya Lacey
MANAGEMENT ADVOCATE: / Donna Green
2ND CHAIR: / Andy Shuman
UNION ADVOCATE: / Harry Procter
ARBITRATION DATE: / 9/20/04
DECISION DATE: / 12/20/04
DECISION: / MODIFIED
CONTRACT SECTIONS: / Articles 1, 2, 5, 7, 8
OCB RESEARCH CODES: / 118.67 Disparate Treatment
118.301 Progressive Discipline
118.6516 Neglect of Duty

HOLDING: Grievance MODIFIED. The Arbitrator held that although Grievant’s actions warranted progressive discipline. Grievant’s termination was reduced to a time-served suspension with a last chance agreement.

Grievant was terminated from her position as a Registered Nurse with the Ohio Veterans Home on November 24, 2003 for Failing to Act on or Report Client Neglect and Endangering the life, safety, or property of residents, staff, or public. On October 26, 2003, Grievant failed to adequately respond to a patient in a critical situation. Grievant’s response was delayed and she failed to perform CPR on the patient who was listed as a “full code.”

The Employer argued that Grievant had the responsibility to take corrective measures when the patient was in distress, but she did not follow physician’s orders or OVH policies. Grievant’s failure to follow basic standards of care may have caused the patient to lose his life.

The Grievant admitted she made a mistake in judgment. However, the Union argued that Grievant was part of a health care team and all members of the health care team were responsible for what happened that night. The union argued that Grievant’s punishment was excessive and that discipline was not administered evenhandedly.

The Arbitrator MODIFIED the grievance. The Arbitrator concluded that the LPN involved had considerable culpability in the incident, but did not agree that the RN Manager and or the Nurse Aide were responsible for what happened. The Arbitrator gave considerable weight to the doctor’s statement that, had he been contacted, he would have prevented CPR from going forward. The Arbitrator concluded that Grievant’s actions did warrant progressive discipline, but a penalty commensurate with her prior warning, admission of wrongdoing, display of remorse, and only two years of nursing experience. Grievant’s termination was reduced to a time-served suspension with a last chance agreement. Please see related case, OCB Award #1797.