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Article 1.0 Recognition and Definition of a Resident

Article 1.1 

The Employer recognizes PAIRS as the sole and exclusive bargaining agent and representative of all Residents as defined in Article 1.5, training and working in Saskatchewan health care facilities, in matters relative to the non-academic terms and conditions of training and employment and, as well, for the purpose of negotiating and bargaining collectively and concluding collective agreements which set out those terms
and conditions.

PAIRS and the Employer recognize that the Provincial Department of Health is the primary source of financing medical resident training positions at the University of Saskatchewan, College of Medicine. PAIRS and the Employer recognize and agree that there may be medical resident training positions approved in the College of Medicine that are financially sponsored by external agencies other than the Provincial Government. Applicants for these positions are required to be accepted for training as postgraduate medical students in the College of Medicine in accordance with the prevailing rules, regulations, policies and procedures of the College and the Employer. Persons appointed to these positions will be subject to this Collective Agreement with
the exceptions noted below.

Two types of positions are recognized:

Type A - Those positions for which the external agency provides funds that provide for regular salary and benefits in accordance with this Collective Agreement; and,

Type B - Those positions whereby the salary and benefits provided to the Residents differ from this Collective Agreement.

It is recognized and agreed that all of the provisions of this Collective Agreement apply to externally funded Type A positions but that only non-monetary provisions of this Collective Agreement apply to Type B positions. The articles which do not apply to Type B Residents are listed in Appendix A.

PAIRS and the Employer acknowledge and agree that Saskatchewan health care facilities are owned and operated by Regional Health Authorities and that those corporations have exclusive jurisdiction over such facilities. Consequently, PAIRS and the Employer agree that this Collective Agreement cannot bind such Regional Health Authorities. It is further agreed that the Employer will engage in meaningful consultation with PAIRS, pursuant to Article 6.1 of this Collective Agreement, to determine points of issue and/or disagreement with Regional Health Authorities and their policies with respect to Residents, and will make every reasonable effort to resolve such issues and/or disagreements in a manner consistent with the terms of this Collective Agreement and the educational objectives of the College of Medicine. For greater clarity, the terms of employment, which are reasonably expected to be provided by Regional Health Authorities to Residents, are set out at Appendix ‘B’ of this agreement.

Residents agree to abide by all bylaws, rules and regulations, which are not inconsistent with this Collective Agreement, at any health care facility in which they may receive their training or employment.

Article 1.2 

PAIRS, party of the first part, recognizes the Employer, party of the second part, as the sole and exclusive bargaining agent of the Employer.

Article 1.3

No Resident(s) shall enter into or make a separate verbal or written agreement with any Regional Health Authority or successor Corporation, The College of Medicine, University of Saskatchewan or other training/employing organizations which may conflict with the terms of this Collective Agreement. Any change in any contract term of this Collective Agreement will not be effective unless it is made in writing and signed by the parties to this Agreement.

Article 1.4 Union Security
All Residents must pay dues as a condition of employment whether or not they accept membership in the Union. The Employer agrees to deduct monthly and remit to the Union a proportionate amount of dues within twenty-eight (28) days of such deductions, together with a list of the Residents from whom the deductions were made each month.

It will be the Union’s responsibility to advise the Employer of the amount to be deducted and to provide at least thirty (30) days notice of any change therein. The Employer will collect a completed Form B from each Resident upon registration and forward it to the Union office forthwith.

The Employer shall not be responsible for collecting or remitting any dues for persons in a Residency program whose salary is paid directly by a sponsoring agency. 

Article 1.5 

Generally, a Resident is any postgraduate physician trainee who:
• has received an MD degree;
• is on the Educational Register of the College of Physicians and Surgeons of Saskatchewan;
• is registered as a student in the College of Medicine, University of Saskatchewan;
• is engaged in a training/employment program in any specialty of the Royal College
of Physicians and Surgeons of Canada leading to Specialist certification or is engaged in a training/employment program of the College of Family Physicians of Canada leading to a Family Medicine certification; and
• is an employee of the University of Saskatchewan or who is externally funded to take residency training at the University of Saskatchewan.