Extra hours do not change worker’s status

The hospital was accommodating an injured worker with half-shifts in her previous employment and half-shifts outside the bargaining unit. Her status was changed to part-time. The arbitrator ruled that she was still "engaged in a nursing capacity" and part of the bargaining unit.
|Canadian Labour Reporter|Last Updated: 05/08/2012

A hospital employer accommodated a returning nurse’s disability by providing her with a less demanding part-time job outside the bargaining unit in order to supplement the half-time hours she was logging at her regular job.

When the employer changed the nurse’s status to part-time, the union grieved.

Before she became disabled, N.D. worked full-time in the hospital’s Special Care Nursery. She returned to work in February 2010. However, because of the physical demands of the job, she was only able to work four-hour shifts.