Issue link: https://nnumagazine.uberflip.com/i/1399555
Identifying the Kind of Problem Contract violation A violation of the contract may take the form of a specific provision of the contract or an agreed-to interpretation of a provision of the contract. Violation of federal, state, or regulatory law by the employer If the action of the employer being challenged is in violation of a law, such as federal or state anti-dis- crimination laws, occupational health and safety laws, or the state nursing practice act, we may notify the appropriate government regulatory agency in addition to documentation through a coordinated Assignment Despite Objection (ADO) campaign, use of the grievance procedure to correct the violation, or all of the above. Violation of a well-established past practice, procedure, or policy by the employer If an action by the employer is in violation of a well-established practice or procedure, there is a basis for grievance even though the practice or procedure has not been formalized. If neither party has questioned the practice or procedure in the past, there may be an implied joint acceptance of it. Violation of an RN's rights through unjust discipline or discharge One of the most important functions of the union is to provide justice on the job. It is a basic way of providing job security and the dignity and peace of mind that result from being protected against arbi- trary and unjust discipline or discharge and other punishment that exceeds the infraction. Violation of a nurse's professional responsi- bility to patients As licensed professionals, we are legally responsible for our actions. Even though the contract may be silent on a particular issue or condition of employ- ment, there may be a circumstance for which the employer is responsible that adversely affects your ability to meet your professional and legal obliga- tions to the patient. And of course, always fill out an ADO. As nurse representatives/shop stewards and PPC members: » You are on equal footing with management when advocating for your members. » It is against the law to retaliate against you because of the way you advocate on behalf of your patients. » Management cannot hold you to higher workplace standards than other members. 51