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COLLECTIVE AGREEMENT

BETWEEN

HER MAJESTY THE QUEEN IN RIGHT OF NEWFOUNDLAND

represented herein by the Treasury Board;

AND

THE NEWFOUNDLAND  AND LABRADOR HEALTH BOARDS ASSOCIATION,

on behalf of all employers listed in Schedule “B”

AND

THE PROFESSIONAL ASSOCIATION OF INTERNES AND RESIDENTS OF NEWFOUNDLAND (PARNL)
representing the Internes, Residents, and Fellows
employed in the hospitals in the Province.


THIS AGREEMENT WITNESSETH that for and in consideration of the premises and covenants, conditions, stipulations and provisos herein contained, the parties hereto agree as follows:

PURPOSE OF AGREEMENT

The purpose of this Agreement is to maintain hannonious and mutually beneficial relations between the Employer, Residents, Fellows, and the Association and to set forth certain terms and conditions relating to the employment of Residents, and Fellows covered by this Agreement.

MANAGEMENT RIGHTS

The Association recognizes and agrees that all the rights, powers and authority both to operate and manage the facilities under the Employer’s control and to direct the working forces are vested exclusively with the Employer, except as specifically abridged or modified by the express provisions of this agreement.

Should a question arise as to the exercise of management rights in conflict with the provisions of this agreement or the bona tides of the exercise of management rights, the matter shall be determined by the grievance and arbitration procedure.

 

INTERPRETATION AND DEFINITIONS

For the purpose of this Agreement:

“Association” means the Professional Association of Internes and Residents of Newfoundland (P.A.l.R.N.).

“Day” means a calendar day, e.g. Sunday, Monday, etc.

“On Call” means any scheduled time on duty between the hours of 1700 and 0800 hours Monday to Saturday; between the hours of 0800 Saturday and 0800 Sunday; between the hours of 0800 Sunday to 0800 Monday; and hours on statutory holidays. In-Hospital call means any on call scheduled duty, where a Resident or Fellow is required to be on-site within a hospital. Out of Hospital call means any on call scheduled duty. where a Resident or Fellow is not required to be on-site within a hospital.

“Emergency Room Duty” means any scheduled shift during an emergency room rotation, in which the resident provides primary coverage for the emergency room as per article 9.04.

“Employer” means the Treasury Board or as the case may be, an Employer listed in Schedule B, attached.

“Fellow” means an individual who has satisfactorily completed the educational requirements for certification by the Royal College of Physicians and Surgeons of Canada, and who may or may not have satisfactorily completed the examinations leading to certification and is engaged in an active educational program of the university.

“Hospital” means an affiliated Teaching Hospital of Memorial University of Newfoundland as listed in Schedule “B”.

“Month” means a calendar month, e.g. January, February, etc.

“Pay Master” means Eastern Regional Health Authority.

“PGY-I” is the classification of an individual who is in the first year of his/her training in a program acceptable to the Royal Co11ege of Physicians and Surgeons of Canada, the College of Family Physicians of Canada or any other program leading to licensure as a physician in any Canadian jurisdiction.

“PGY-II” is the classification of an individual who is in the second year of his/her training in a program acceptable to the Royal College of Physicians and Surgeons of Canada, the College of Family Physicians of Canada or any other program leading to licensure as a physician in any Canadian jurisdiction.

“PGY-III” is the classification of an individual who is in the third year of his/her training in a program acceptable to the Royal College of Physicians and Surgeons of Canada, the College of Family Physicians of Canada or any other program leading to licensure as a physician in any Canadian jurisdiction.

“PGY-IV” is the classification of an individual who is in the fourth year of his/her training in a program acceptable to the Royal College of Physicians and Surgeons of Canada, the College of Family Physicians of Canada or any other program leading to licensure as a physician in any Canadian jurisdiction.

“PGY-V” is the classification of an individual who is in the fifth year of his/her training in a program acceptable to the Royal College of Physicians and Surgeons of Canada, the College of Family Physicians of Canada or any other program leading to licensure as a physician in any Canadian jurisdiction.

“PGY-VI” is the classification of an individual who is in the sixth year of his/her training in a program acceptable to the Royal College of Physicians and Surgeons of Canada, the College of Family Physicians of Canada or any other program leading to licensure as a physician in any Canadian jurisdiction.

“Recorded Duty Schedule” means a record submitted by an academic program to the employer documenting, where applicable, In-Hospital call, Out-of-Hospital call and/or Emergency Room duty. This record shall be used to determine excess call hours.

“Resident” or “Fellow” means an individual(s) within the bargaining unit and includes any individual employed by the Employer and engaged in an educational program leading to eligibility for licensure as a physician in any Canadian jurisdiction.

“University” means Memorial University of Newfoundland.

“Week” means the period from 0001 hours Monday to 2359 hours Sunday, inclusive.

For the purpose of this Agreement, the plural indicates the singular and vice-versa as the context may require.

RECOGNITION

The Employer recognizes the Association as the sole and exclusive representative for all Residents and Fellows for the purpose of negotiating terms and conditions of employment in hospitals.

Employee Information

It is the responsibility of all employees to keep the employer informed in writing of his/her contact information including the current mailing address and current telephone number.

ACCOMMODATION

The rate charged by the hospitals for designated single accommodation for Fellows and Residents will not be increased during the term of this Agreement. Schedule “C” shall outline existing rates.

When a Resident/Fellow is required to provide services to an Employer at a hospital, other than one located in the city of St. John’s, the Employer shall provide the following accommodations located not more than one point six one ( 1.61) kilometres from the hospital at which the services are to be provided:

  • A single room adequate1y furnished with a desk, lamp, bed (with two changes of bed linen and blankets) and dresser;
  • (i.) A common kitchen with cooking utensils (including pots, pans, kettle, toaster, microwave oven, and coffee maker), refrigerator, stove, and tab]e ware (including plates, g]asses, cutlery); and
  • Common lounge with chesterfield, chairs and TV.
  • When a Resident or Fellow with a spouse and dependent children is required to provide services to an employer outside St. John’s for a period of two (2) months or greater in the same location provided that the spouse and dependent children accompany the Resident or Fellow, the employer will endeavour to provide family accommodations with the same general standard as outlined above.

Hospital Duty – Accommodation

Where a Resident or Fe11ow is required to provide in-hospital duty services pursuant to Clause 9.02, the Employer shall endeavour to provide on the hospital premises, the following:

  • Single bedroom with desk, lamp, phone and bed (equipped with appropriate linen); and
  • Shower and toilet facilities connected to the bedroom. Where possible, the accommodation shall be located in close proximity to where the services are to be provided by the Resident or Fellow. The standards as of January l, 1995, will not be reduced.

House Staff Facilities

The Employer shall provide at each hospital in St. John’s, a lounge for the use of house staff, equipped with the following equipment:

  • couch and chairs
  • television
  • refrigerator
  • microwave
  • sink with water

APPOINTMENT AND MEMBERSHIP OF THE ASSOCIATION

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Letters of Appointment

Upon appointment of a Resident or Fellow by an Employer. a letter of appointment and a copy of this Agreement shall be sent by the Employer or his/her designated representative hospital to such Resident, or Fellow. The cost of printing such agreements shall be borne by the Association.

Check Off Payments

The Employer shall deduct from every Resident or Fellow covered by this Agreement and remit monthly to the Association, an amount equal to the monthly dues of the Association. These dues shall be forwarded to the Association. not later than the 15th day of the month following the deduction.

EDUCATIONAL RESPONSIBILITIES

It is recognized that while House Staff are professionals. employed with the hospital system and performing specified duties for pay, at the same time they are post-graduate trainees under the auspices of the University working to achieve certain educational requirements, and must meet academic standards while fulfilling professional obligations.

The duties of House Staff shall not be of such a nature to detract from their educational opportunities.

Education Break

Residents or Fellows are entitled to a minimum of one half (112) day per week for educational purposes, as determined by the academic program. Employers agree to work with Program Directors and Residents in order to ensure that the Resident receives this one half (1/2) day per week for educational purposes. except in the case of emergency. Academic Programs will provide due notice of the educational schedule to associated teaching facilities and support staff.

Hospital libraries, whenever possible, shall be accessible twenty-four (24) hours per day .

CLASSIFICATIONS

The determination of the level of training for House Staff shall be the responsibility of the Program Director on behalf of the Post Graduate Medical Studies Committee of the University Faculty of Medicine in accordance with the regulations and requirements of the Royal College of Physicians and Surgeons of Canada and the College of Family Physicians of Canada.

DUTY HOURS

Regular Day Time Duty Hours

The regular day time duty hours shall be Monday to Friday, 0800 hours to 1700 hours. The Program Director in consultation with the Department concerned shall determine the schedule of academic and service activities. It is recognized that strict adherence to the schedule must not jeopardize the adequacy and continuity of patient care.

Maximum Regular Scheduled In-Hospital Call

  • Maximum regularly scheduled in-hospital call shall not exceed an average of one(1) day in four (4). The period used to determine the average number of call periods for a given resident shall begin on the first day of a recorded call schedule and end on the last day of a recorded call schedule for a given academic program. Residents shall receive effective July l, 2009 seventy-four dollars ($74), effective July 1, 2010 seventy-six dollars and fifteen cents ($76.15), effective July l, 2011 seventy-eight dollars and forty cents ($78.40) and. effective July 1, 2012 eighty dollars and seventy-five cents ($80.75) for each regular scheduled in-hospital call period. Call periods shall not be scheduled consecutively. This payment shall not apply to situations when a Resident or Fellow is required to work in excess of the regularly scheduled in-hospital call periods.
  • A Resident or Fellow shall not be scheduled or required to work two (2) or more consecutive in-hospital duty periods.
  • There shall only be one (1) duty period scheduled during a consecutive four (4) day period which includes a Saturday, Sunday and statutory holiday.
  • In a recorded duty schedule where a Resident has a period of approved leave, the maximum number of in-hospital call periods shall be proportionally reduced. The Resident or Fellow shall notify the Employer of the leave.
  • In the event that the Resident or Fellow is required to work greater than the maximum regularly scheduled in-hospital duty periods, as per clause 9.02 (a), he/she shall be paid in addition to his/her salary at the rate of $225 for each such duty period between 1700 hours Monday and 0800 hours Saturday and $360 for each in­ hospital duty period between the hours of 0800 hours Saturday and 0800 hours Monday and in-hospital duty periods on statutory holidays.
  • Duty schedules shall normally be published on a monthly basis at least two (2) weeks prior to the effective date and a copy shall be forwarded to the Medical Director or his/her delegate in each hospital.

Post Call Provision

Any’Resident or Fellow who is required to provide care of a continuous or intensive nature during his/her in-hospital call period, shall be permitted to be relieved of his/her duties at 1000 hours of a regular work day which follows the in-hospital cal] period after a handover of patient care responsibilities, satisfactory to the Employer and the attending Physician responsible for the patient, to ensure continuity of patient care. It is understood that by allowing the Resident or Fellow to leave at l 000 hours, there is no additional cost to the Employer.

Apart from handover of patient care responsibilities, no Resident shall be required to assume new responsibilities following the 24th hour of duty.

Emergency Room Duty

  • (a) Any Resident or Fellow who is required to provide services in a hospital emergency room shall be permitted to be relieved of his or her duties after twelve (12) hours of service.
  • The Employer shall not split such Resident’s or Fellow’s shift, as per Article 9.04(a). without the consent of such Resident or Fellow.
  • No such Resident or Fellow shall be required to provide services for more than five (5) consecutive days without having received thirty-six (36) hours off duty, and during any twenty-eight (28) day rotation, not less than two (2) periods of sixty (60) consecutive hours off duty.
  • In the event that a Fellow or Resident is required to work a sixth (6th) or subsequent consecutive day or in excess of twelve (12) hours of service, he/she shall be paid in addition to his/her salary at the rate of eighteen dollars and fifty cents ($18.50) per hour worked.

Maximum Regular Scheduled Out-of-Hospital Call

  • A Resident or FeHow who is not providing regular scheduled in-hospital call pursuant to Article 9.02 may be required to provide regularly scheduled call periods out of hospital.
  • Maximum regular]y scheduled out-of-hospital can shall not exceed an average of one (I) day in three (3). The period used to determine the average number of can for a given resident shall begin on the first day of a recorded can schedule and end on the last day of a recorded call schedule for a given academic program. Residents or Fellows shall receive effective July I, 2009 thirty-four dollars ($34), effective July 1, 2010 thirty-six dollars and fifteen cents ($36.15), effective Ju]y l, 2011 thirty-eight dollars and forty cents ($38.40) and effective July I, 2012 forty dollars and seventy-five cents ($40.75) for each regularly scheduled on caU duty period. This payment shall not apply to situations when a Resident or Fellow is required to work in excess of the regularly scheduled on call duty periods.
  • There shall only be one (1) on call duty period scheduled during a three (3) consecutive day period which includes a Saturday, Sunday and statutory holiday.
  • In a recorded duty schedule where a Resident or Fellow has a period of approved leave the maximum number of out-of-hospital duty periods shall be reduced proportionately. The Resident or Fellow shall notify the Employer of the leave.
  • A Resident or Fellow engaged in out-of-hospital duty periods shall be enabled to be contacted during such periods by the use of the employer supplied pager provided under Clause 23.06 and able to initiate return telephone conversation within five (5) minutes of receipt of a page and shall be able to be recalled to duty.
  • In the event that a Resident is required to work greater than the maximum regularly scheduled out-of-hospital duty periods as per clause 9.05 (b) he/she shall be paid at the rate of seventy-five dollars ($75) for each additional period.

CALL-BACK

Subject to Clause I 0.02, when a member of House Staff is recalled to duty whilst on call, he/she shall be paid the cost of transportation from his/her normal place of residence to his/her place of work and return to a maximum of $5.50 each way, at the rate of thirty-one and a half (31.5) cents per kilometer or the appropriate taxi fare supported by receipts. Residents involved in the Family Practice Program, required to visit patients’ residences in the course of their duties, shall be reimbursed for transportation from their normal place of residence to patient’s residence at the rate of thirty-one and a half (3 I .5) cents per kilometer to a maximum of $5.50 each way. AH transportation claims under this program must first be approved by the Program Director and authorized by the appropriate Director of the hospital concerned.

A member of the House Staff shall not receive any payment for transportation expenses where:

  • (a) he/she stays in designated on-ca11 accommodation or normally resides in subsidized accommodation adjacent to the hospital; or
  • transportation is provided by the Employer.

VACATION

Vacation

All Residents and Fellows shall receive four (4) weeks paid annual leave.

Any member of the House Staff who leaves the employ of the Employer before the end of the vacation year in which he/she has taken his/her vacation shall have the applicable portion of his/her salary recovered from him/her.

The vacation year for Fellows and Residents normally covers the period extending from the 1st of July in one year to the 30th of June in the succeeding year.

Any Resident or Fellow who is employed for less than the full vacation year will be granted vacation on a pro-rata basis.

Substitution of Sick Leave While on Annual Leave
When a Resident or Fellow becomes i1l while on annual leave, he/she may change the status of his/her annual leave to sick leave effective the date of notification to the Pay Master provided that the Resident or Fellow submits a certificate acceptable to the Pay Master, signed by a Licensed Medical Practitioner. The medical certificate shall state that during the period the Resident or Fellow was absent (which shall be stated on the certificate) he/she was unable to perform his/her duties and the time and place at which the medical practitioner attended upon the Resident or Fellow.

A Resident or Fellow shall not be required to provide in-hospital call or out-of-hospital call services on a weekend immediate1y prior to the beginning of a vacation period contingent upon the availability of appropriate coverage with no additional cost to the Employer.

STATUTORY HOLIDAYS

Designated Statutory Holidays

One working day’s paid leave shall be granted for each of the following nine (9) statutory holidays in each year.

  • New Year’s Day
  • Good Friday
  • Commonwealth Day
  • Memorial Day
  • Thanksgiving Day
  • Labour Day
  • Armistice Day
  • Christmas Day
  • Boxing Day

Work on a Statutory Holiday
In addition to the one days’ paid leave in accordance with Article 12.01, a Resident or Fellow who is required to work on a statutory holiday, shall at his/her option be paid at the rate of time and one-half (1 1/2) or shall be entitled to one (1) day off with pay in lieu of the day worked which day off with pay may be taken within a period not exceeding six (6) months from the day worked.

When a Resident or Fellow is required to work on two (2) or more consecutive statutory holidays, he/she shall be paid as in Article 12.02 for the first statutory holiday and at the rate of double time for the subsequent statutory holidays, or shall be entitled to one day off with pay in respect of each day worked.

When a Resident or Fellow is required to work on a statutory holiday, his/her compensation shall be limited to the compensation provided in Article 12.02 or Article 12.03.

New Statutory Holiday
Should any new statutory holiday not routinely scheduled be specifically proclaimed by the Provincial Government, it shall be granted to employees within the scope of this Agreement.

Statutory Holidays During Vacation
If a statutory holiday falls or is observed during the vacation period of a Resident or Fellow, he/she shall be allowed an additional vacation day with pay at a time to be mutually agreed.

CONFERENCE LEAVE

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In addition to vacation entitlement, Residents and Fellows shall be granted seven (7) days additional paid leave to attend educational events such as Medical Conferences approved by the Program Director, where working under a Program Director, and may be granted additional paid leave to attend such educational events.

SALARIES

Residents and Fellows covered by this Agreement shall receive salaries as specified in Schedule “A”.

Administrative Resident Allowance

There shall be one (1) Administrative Resident in each program except for the Pediatric, Surgery, Family Medicine and Medicine Programs, where there shall be a total of two (2) Administrative Residents. Effective July l, 2001, the administrative allowance shall be three thousand one hundred and fifty dollars ($3,150) per annum. Effective January I, 2002, the administrative allowance shall be three thousand three hundred seven dollars and fifty cents ($3,307.50) per annum.

Arbitration on Salaries

Subject to 14.03(c) in the event that the parties to this Collective Agreement cannot reach an agreement on salaries, after exhausting the process as outlined in the Internes and Residents Collective Bargaining Act, salaries shall be referred to arbitration.

  • (i) The party seeking arbitration shall notify the other party, giving the name and address of its nominee to the Arbitration Board;>/li>
  • (ii) The other party shall respond within seven (7) calendar days of receipt of this notice and shall outline the name and address of its nominee to the Arbitration Board;
  • (iii) The two (2) nominees shall within seven (7) calendar days after receipt of appointment of the second nominee, agree upon a mutually acceptable chairperson to the Arbitration Board;
  • (iv)If the two (2) nominees cannot agree upon a mutually acceptable chairperson within the time limits, either party may request the Minister of Employment and Labour Relations to appoint a chairperson.
  • The Arbitration Board shall only have jurisdiction to hear and render a decision on salaries (including the Administrative Resident Allowance) unless the parties mutually agree to include other issues;
  • The Arbitration Board shall determine its own procedure but shall give full opportunity to both parties to present evidence and make representation;
  • Each party shall be responsible for the expenses and remuneration of its nominee to the Arbitration Board and each party shall share equally in the expenses and remuneration of the chairperson;
  • The decision of the majority of the Arbitration Board shall be the decision of the Arbitration Board and if there is no majority, then the decision of the chairperson shall be the decision of the Board and such decision shall be final and binding on the parties.

Notwithstanding 14.03(a), the parties agree to relinquish the right to strike or lockout.

Unless otherwise agreed, where the parties are unable to agree upon the revision of any portion or portions of the Collective Agreement prior to salaries being referred to arbitration, then, such portion or portions shall be included in the new Collective Agreement in the same manner as in the previous Collective Agreement.

The time limits set out in this Clause may be extended by mutual agreement in writing of the parties.

Chief Resident Allowance

There shall be a Chief Resident appointed for each of Obstetrics, General Surgery and Orthopedics. Such Chief Resident shall be a Resident in his/her final year of post graduate medical training whose duties will include on call duties on a continual basis. Article 9.05 shall not apply to such Resident who shall in lieu of amounts to be paid under Article 9.05 be paid a stipend of $3,600.00 per annum.

The Employer shall pay to each Fellow or Resident upon successful completion of part II of the Medical Council of Canada exams, the fees charged to write such exam on one occasion.

DISCIPLINE/DISMISSAL

Dismissal for Cause

The hospital, in consultation with the Post Graduate Medical Studies Committee, shall have the right to dismiss a Resident or Fe11ow for sufficient cause; when a Resident or Fellow is dismissed for a sufficient cause, he/she shall not be entitled to notice or payment in lieu of notice.

Reason for Dismissal

The Hospital shall provide the Resident or Fellow with a written statement of the reason(s) for his/her dismissal for cause, together with a statement of his/her right to grieve. This written statement shall be provided to the Resident or Fellow within fourteen ( 14) calendar days of the dismissal.

Discipline

Prior to the imposition of discipline upon any Resident or Fellow, the Employer shall consult with a representative of the Postgraduate Medical Studies Committee at the earliest possible opportunity to determine the impact of such discipline upon the completion of the program of such Resident or Fellow.

Meeting(s) Related to Dismissal

A Resident or Fellow who is required to attend any meeting(s) with the hospital related to dismissal or contemplated dismissal shall be advised of his/her right to be accompanied by a representative of the Association.

TERMINATION FROM PROGRAM

Termination
If the hospital is advised by the Postgraduate Medical Education Committee that a Fellow or Resident has been removed from the medical studies program, the hospital may terminate the employee and shall provide one months pay in lieu of notice.

Reason(s) for Termination
The Hospital shall provide the Resident or Fellow with a written statement of the reason(s) for his/her termination together with a statement of his/her right to appeal. This written statement shall be provided to the Resident or Fellow within fourteen (14) calendar days of such termination.

UNIFORMS

Laboratory Coats

The Employer shall pay to each Fellow or Resident an allowance of $150 per year for the purchase and cleaning of laboratory coats to be worn by the Fellow or Resident in the course of his/her duties. A Fellow or Resident shall not be permitted to wear a laboratory coat which is the property of the Employer without the permission of the Employer.

INSURANCE

Group Insurance

A compulsory Group Insurance Plan covering all Residents and Fellows shall remain in effect during the period of this Agreement.

Insurance

The Employer will pay the full cost of the annual premium for malpractice insurance applicable to a Resident or Fellow engaged in post graduate medical training for each Resident or Fellow who purchases such coverage from the Canadian Medical Protective Association or its successor effective July 1, 2001.

ASSOCIATION MANAGEMENT COMMITIEE

Within thirty (30) days of the commencement of this contract, there shall be formed an Association Management Committee.

Such Committee shall have two (2) representatives appointed by the Association and four (4) representatives appointed by the Employers. The four (4) Employer representatives shall consist of the Vice Presidents of Medical Services or his/her designate. When possible, the designate(s) will consist of a senior manager from each Regional Health Authority.

The purpose of the Committee is to develop mutual understanding and to investigate matters of concern.

The Committee shall meet, either in person or by conference technology, at least three (3) times each year.

Meetings may be requested by either party by giving notice in writing and the Committee shall meet within twenty-one (21) days of receipt of such notice unless altered by mutual agreement.

STANDING BENEFITS

The parties recognize that there are certain benefits currently enjoyed by House Staff in the various hospitals, which are not specifically set out in this Agreement. The parties also recognize that certain of these benefits may vary from hospital to hospital and it is not the intent of this Article to introduce uniformity to these situations but rather to deal with the benefits as they exist in each hospital at the date of the signing of this Agreement.

The practices in effect at the date of the signing of this Agreement with respect to the following benefits shall remain in effect during the term of this Agreement:

  • (a) Food provisions for “on-call” House Staff;
  • (b) Accommodation arrangements at St. Anthony;
  • (c) Sick leave as per letter of understanding titled, “Re: Sick Leave Accumulation”;
  • Xeroxing in the libraries.

The following items remain within the discretion of the Employer and the University as the case may be and are outside the purview of Clause 20.04:

  • (a) Decisions in respect .of the academic program which are not in direct conflict with the terms of this Agreement;
  • (b) Decisions in respect of the work requirements, duty assignments and efficiency of the service function of House Staff in accordance with traditional management rights, which are not in direct conflict with the terms of this Agreement;
  • Cafeteria food prices

Subject to 20.01 and 20.02, if during the currency of this Agreement a question arises concerning an alleged deprivation or reduction in a benefit heretofore enjoyed as a result of employment under this Agreement and affecting either directly or indirectly the terms of this Agreement, either party may refer the matter to the Association Management Committee established by Article 19 of this Agreement which shall resolve the matter by consultation and discussion.

Travel Allowance
Residents and Fellows coming into the Province shall receive a travel allowance for one way travel to the Province to a maximum of six hundred dollars ($600.00).

Mileage – Clinical Rotation
Subject to Clause l 0.02, and where approved by the Employer, when a Resident or Fellow is required by the Employer to perform clinical rotations in different parts of the province, outside the area of the province in which he/she normally resides and works, the Employer shall reimburse the cost of initial transportation to the site and the cost of return at the rate provided in Article JO.OJ for mileage.

GRIEVANCE PROCEDURE

A grievance is defined as a dispute arising out of the interpretation, application, or alleged violation of the terms of this Agreement, including any question as to whether a matter is arbitrable, but excludes any matter which involves primarily academic matters.

No grievance shall be deemed to exist if it is not filed at the appropriate level in accordance with the time periods set forth in the Grievance Procedure. The time periods set forth in this Article may be extended by mutual agreement between the parties.

Grievances shall be resolved in accordance with the following procedure:

Step 1: The aggrieved  member  of the House Staff shall present  his/her  grievance  (in writing):

  • to his/her Director of Medical Services or equivalent or such other person designated by the Employer, except
  • in the case of a grievance arising out of Articles 7 and 8, the grievance shall be presented to the Program Director within ten (10) calendar days of the occurrence of the matter giving rise to the grievance. The Resident or Fellow may at his/her own choice be assisted and/or accompanied by an Association representative.

Step 2: Failing a satisfactory settlement of the grievance within seven (7) calendar days of the date on which the grievance was filed the Resident or Fellow, or the Association with the written consent of the grievor may within a further seven (7) days present his/her grievance in writing:

  • to the Vice President of Medical Services, or such other person designated by the Employer, except
  • in the case of a grievance arising out of Art.ides 7 and 8 the grievance shall be presented to the Chairman of the Post-Graduate Medical Studies Committee. The Resident or Fellow shall receive a reply in writing within fourteen (14) days of the matter being filed under Step 2.

If the grievance is still not satisfactorily resolved by the foregoing procedure. the Resident or Fellow or the Association with the written consent of the grievor may proceed to arbitration. Should the Resident or Fellow. or the Association with the written consent of the grievor decide to proceed with arbitration, he/she shall notify the Employer within five (5) calendar days of receipt of the reply under Step 2.

Where a Fellow or Resident notifies the Employer in writing in accordance with Clause 21.04. that he/she wishes to proceed with arbitration. the arbitration procedure in the Labour Relations Act shall apply unless it is initially agreed that a single arbitrator shall hear the case.

Where a dispute arises involving a question of general application or interpretation of this Agreement affecting two (2) or more House Staff. the Association may initiate a grievance commencing at Step 2.

COMPLETE AGREEMENT

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This Agreement is the entire Agreement of the parties hereto terminating all prior agreements and practices with respect to those matters specifically provided for herein and concluding all collective bargaining during the term of this Agreement.

It is agreed by the parties of this Agreement that any provision in the Agreement, other than the term of the Agreement, may be amended or altered by mutual consent of the Employer and the Association.

GENERAL CONDITIONS

Locker and Parking Facilities

During the period of rotation of Residents and FelJows at the Health Sciences Complex at St. John’s, the Employer will provide thereat:

  • a locker capable of being secured by a lock. for the exclusive use of each such person;
  • a parking space not further removed from the parking area presently provided for visitors
  • five (5) reserved parking spaces not more than 1OO feet from a hospital entrance for the exclusive use of Residents providing home call and required to attend at the hospital between 1700 hours and 0800 hours Monday through Friday and all day on Saturday and Sunday.

During the period of rotation of Residents and Fellows at St. Clare’s Mercy Hospital at St. John’s, the Employer will provide thereat:

  • a locker capable of being secured by a lock, for the exclusive use of each such person;
  • a parking space not further removed from the parking area presently provided for visitors
  • four (4) reserved parking spaces in parking lot 9B for the exclusive use of Residents providing home call and required to attend at the hospital between 1700 hours and 0800 hours Monday through Friday and all day on Saturday and Sunday

During the period of rotation of Residents and Fellows at a hospital other than the Health Sciences Centre and St. Clare’s Mercy Hospital, the Employer shall provide the following:

  • a locker capable of being secured by a lock for the exclusive use of each person;
  • a parking space not further removed from the parking area presently provided for visitors.

Meal Allowance

The Employer shall pay to each Resident or Fellow an allowance of one hundred and five dollars ($105) per month to cover the cost of meals to be consumed while such a Resident or Fellow is required to work.

Workers’ Compensation

Residents and Fellows shall be covered by the Workplace Health, Safety and Compensation Act and shall be entitled to receive the benefits as provided by Workplace Health, Safety and Compensation Commission.

It is understood and agreed by all parties to this collective agreement that an employee who is approved for full extended earnings loss (EEL) benefits from the Workplace Health, Safety and Compensation Commission after the date of signing of this agreement shall no longer accumulate benefits under this agreement but shall have their position with the Employer protected for two (2) calendar years following the date of such approval, immediately following which their employment shall be
terminated, subject to the Human Rights Act.

Consultation on New Facilities

The Employer agrees to consult with the Association during the planning stage regarding any new medical facilities proposed and also with respect to any major changes proposed in current facilities which may affect call rooms, lockers, or parking facilities and services currently provided to members of the Association by the Employer.

Consultation on Duties and Responsibilities of Fellows and Residents

The Employer wil1 discuss with the Association and, where possible, will discuss prior to their implementation, any policy changes which may alter or impact upon the duties or responsibilities of Residents or Fellows.

Pagers

The Employer shall supply to each Fe])ow or Resident, without charge, a telephone paging receiver for the entire period of his/her employment under this Agreement.

MATERNITY LEAVE/ADOPTION LEAVE/PARENTAL LEAVE

A Resident or Fellow shall be entitled to take parental leave associated with the birth or adoption of a child. In the case of a female Resident who is to give birth, she may request to commence up to eight (8) weeks prior to the expected date of delivery. The maximum parental leave allowed shall be fifty-two (52) weeks. The Director of the program shall determine when Resident or Fellow completes his/her program. A Resident or Fellow who takes parental leave shall, on return from leave, receive a service credit for the period of parental leave for salary purposes.

Duty Periods While Pregnant

No Fellow or Resident who is pregnant shall be required to perform any scheduled time on call or as an in-hospital duty period after 1700 hours or at any time during the period 0800 hours Saturday to 0800 Monday at any time subsequent to thirty-second week of her pregnancy.

Return to Duty

A Resident or Fellow may return to do their duty after giving his/her Director two weeks notice of his/her intention to do so whereupon the director of the program shall arrange for the recommencement of the Resident or Fellow’s program at the start of the next changeover or at the expiration of a period of four weeks from the giving of notice, whichever is earlier.

COMPASSIONATE LEAVE

A Resident or Fellow shall be entitled to compassionate leave of three (3) consecutive calendar days in the event of the death of a mother, father, brother, sister, spouse, child, legal guardian, grandfather or grandmother; and two (2) additional calendar days if such deceased person is a resident outside of the Province.

FAMILY RESPONSIBILITY LEAVE

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Subject to Clause 26.0l(b) a Resident or Fellow who is required to:

  • attend to the temporary care for a sick family member living in the same household;
  • attend to the needs related to the birth of or adoption of his/her child;
  • accompany a dependent family member living in the same household on a dental or medical appointment;
  • attend meetings with school authorities;
  • attend to the needs related to home or family emergencies:
  • may be awarded up to three (3) days paid family leave in any calendar year at the discretion of the Program Director.

In order to qualify for family responsibility leave, the Resident or Fellow shall:

  • provide as much notice to the employer as is reasonably possible;
  • provide to the employer valid reasons why such leave is required;
  • where appropriate and in particular with respect to dental and medical appointments, or meetings with school authorities, have endeavoured to a reasonable extent to schedule such events during off duty hours.

TERMINATION OF EMPLOYMENT

Two (2) weeks written notice shall be provided regarding termination of employment by the employee unless otherwise reduced or eliminated by mutual agreement between the employer and the employee.

DURATION

Subject to Article 22 and other specific clauses of this agreement, this agreement shall be in effect from date of signing until June 30, 2017, and thereafter from year to year unless either party gives notice in writing of termination or amendment of not more than sixty (60)days prior to the date of expiration.

SEXUAL AND PERSONAL HARASSMENT

Both the Employer and the Association considers sexual and personal harassment to be reprehensible and are committed to maintaining an environment in which sexual and personal harassment do not exist.

The Employer and the Association recognize the right of employees to work in an environment free from sexual and personal harassment and the parties shall undertake to investigate alleged occurrences with a11 possible dispatch. H sexual harassment or persona] harassment of a bargaining unit member has taken place, the Employer shall take appropriate action to ensure that sexual or personal harassment ceases. The victim shall be protected from repercussions which may result from his/her complaint.

Sexual harassment is comprised of sexual comments, gestures or physical contact that the individual knows, or ought reasonably to know, to be unwelcome, objectionable or offensive. The behaviour may be on a one time basis or a series of incidents, however minor. It is unsolicited, one-sided and/or coercive. Both males and females may be the victim of sexual harassment. Sexual harassment may involve favours, or promises of favours, or advantages in return for submission to sexual advances, or alternatively, the threat of reprisal for refusal. Sexual harassment can be expressed in a number of ways which may include:

  • unnecessary touching or patting;
  • suggestive remarks or other sexually aggressive remarks;
  • leering (suggestive staring) at a person’s body;
  • demand for sexual favours;
  • compromising  invitations;
  • physical assaults.

Personal harassment is any behaviour by any person in the workplace that is directed at. or is offensive to, an employee, endangers an employee’s job or academic standing. undermines the performance of that job or threatens the economic live1ihood or academic standing of the employee. Personal harassment also occurs when an individual uses his/her authority or position. with its implicit power to undermine. sabotage or otherwise interfere with the career of another employee. Personal harassment may be defined as repeated, intentional. offensive comments or actions deliberately designed to demean an individual. or to cause personal humiliation. The definition includes such blatant acts of misuse of power as intimidation. blackmail and/or coercion.

Witnesses

IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first before written.

SIGNED on behalf of the Treasury Board representing her Majesty the Queen in Right of Newfoundland by the Honourable Thomas Marshall, President of Treasury Board and the Honourable Jerome Kennedy, Minister of Health and Community Services, in the presence of the witness hereto subscribing

SIGNED on behalf of the Newfoundland and Labrador Health Boards Association by its proper officers in accordance with the constitution in the presence of the witness hereto subscribing

SIGNED on behalf of the Professional Association of Internes and Residents of Newfoundland representing the Internes and Residents by its proper officers in the presence of the witness hereto subscribing

*SCHEDULE “A”

SALARIES

Salary will be adjusted to achieve parity as of July l, 2014 with PARI-MP (Nova Scotia) during the last two years of the collective agreement. Fifty percent (50%) of parity will be implemented as of July l, 2015 and fifty percent (50%) as of July 1, 2016.

July 1, 2013 July 1, 2014 July 1, 2015 July 1, 2016
PGY-I $53,282 $53,282 $57,039 $60,795
PGY-II $62,126 $62,126 $63,922 $65,718
PGY-III $66,339 $66,339 $68,257 $70,175
PGY-IV $70,734 $70,734 $72,779 $74,823
PGY-V $75,495 $75,495 $77,678 $79,860
PGY-VI $80,589 $80,589 $82,919 $85,248
Fellow $83,325 $83,325 $86,885 $90,384

*SCHEDULE “B”

Employers which are party to this Agreement:

  • Eastern Regional Health Authority
  • Central Regional Health Authority
  • Western Regional Health Authority
  • Labrador-Grenfell Regional Health Authority
  • All Government of Newfoundland and Labrador operated Hospitals (represented herein by Treasury Board)

* SCHEDULE “C”

The existing rates being charged for single accommodations for Residents and Fellows:

  • Western Memorial Hospital (Western Health Care Corporation) – free accommodation
  • M. J. Boylen Hospital – free accommodation
  • Avalon Health Care Institutions Board – free accommodation
  • Captain William Jackman Memorial Hospital – free accommodation
  • Sir Thomas Roddick Hospital – free accommodation
  • Dr. Charles L. LeGrow Health Centre – free accommodation
  • Springdale Hospital (Central West Health Corporation) – free accommodation
  • *International Grenfell Association Operated Hospitals – free accommodation
  • All Government of Newfoundland and Labrador Operated Hospitals (represented herein by Treasury Board) – free accommodation