The parties to this Agreement recognize that their relationship is complicated by the fact that the Employer is first and foremost an educational institution, and that the facilities in which Residents train and work are the property of the SHA not party to this Agreement. Because the Employer cannot compel such corporations to comply with this Agreement, and because the Union must have a forum to address the terms and conditions under which its members are employed, the parties have committed to the following union-management protocols:
6.1 Phase One: Emergent Issues Discussion
Where a concern arises relating to actions, policies or directions of the SHA, and time is of the essence, collegial discussions should be undertaken as soon as possible between the designated representatives of the Union and the College of Medicine’s officials in the following order:
In this Phase, the intention of the parties is to identify issues and seek the assistance of the College of Medicine (COM) in clarifying/correcting/resolving the issue(s). It is understood that the COM will engage the SHA in an effort to achieve a timely result and that such result will be reported back to the Union as soon as practicable.
Matters referred to Phase One are not subject to the grievance procedure provided in this Agreement.
6.2 Phase Two: JCC – Evolving Issues Within University Jurisdiction
A Joint Consultative Committee (JCC) shall be established with a maximum of four (4) members appointed by each of the Employer and the Union. The JCC shall meet at the request of either party. There will be no requirement as to quorum so long as each party to this Agreement is represented. There will be no voting, and each party is responsible for its own notes. Where possible, agenda items should be shared in advance of the actual meeting. The goals and objectives of the JCC shall include:
While the JCC shall not be a forum for the discussion of grievances, per se, matters originally raised in Phase Two may be elevated to the grievance procedure in Phase Three by either party provided that this is done in writing within thirty (30) days of the date of the JCC discussion of the same and that the matters relate to the alleged violation of one (1) or more provisions of this Agreement.
6.3 Phase Three: Grievance Procedure – Contractual Disputes
A dispute regarding the application or interpretation of this Agreement with respect to non-academic matters, or a contention that formal discipline has been applied without just cause may be referred by a Resident, through the Union, to the grievance procedure. The Union or the Employer may also commence a policy grievance regarding a matter of general application or interpretation. A Resident shall have the right to Union representation at any stage of the grievance procedure.
6.3.1 Step One: Initiation of Grievance
A written statement of grievance must be filed within thirty (30) calendar days of the date of occurrence of the matter which gives rise to the complaint or when the JCC has completed discussion of the matter as the case may be. The Union shall file such grievance with the Assistant Dean, Post-Grad Medical Education, or designate. The Employer shall file such grievance with the President or Chief Executive Officerof the Union. The party receiving a grievance shall have fourteen (14) calendar days to respond. In the event no response is forthcoming, the grievance will advance to the next step.
6.3.2 Step Two: Review
If the party that initiated the grievance considers the response of the other party unsatisfactory, the matter may be referred to Step Two, where a review meeting or meetings will occur, commencing within thirty (30) days of such reference. The meeting or meetings will involve, at a minimum, the Associate Vice-President, People and Resources of the Employer and the President of RDoS, or their designates. Every effort will be made to negotiate a settlement to the grievance.
If the grievance cannot be resolved, either party may refer the matter to arbitration within thirty (30) days of the last Step Two meeting relating to it.
6.3.3 Step Three: Arbitration
Failing resolution of a grievance at Step Two, the matter may be referred to arbitration by means of written notice from the referring party to the other party. The appropriate representatives to receive such notice shall be the Associate Vice-President, People and Resources and the President of the Union respectively. The notice shall contain at least one (1) proposed arbitrator to hear and decide the matter. The party receiving the notice shall respond with agreement to a proposed arbitrator, or, alternatively, the name of one (1) or more proposed arbitrator(s). In the event that the parties are not able to reach agreement upon an arbitrator within thirty (30) calendar days from the giving of the notice, either party may request that the Chair of the Saskatchewan Labour Relations Board appoint an arbitrator.
No person who has a pecuniary interest in the arbitration or has acted as solicitor or counsel to either party within twelve (12) months of the date of the grievance shall be eligible to act as arbitrator. The parties will equally share the expenses and fees relative to the arbitration hearing, and each will bear their own costs as to representation and witnesses.
The arbitrator shall determine the procedure to be followed but in so doing will afford the parties a reasonable opportunity to present sworn evidence as well as argument. The arbitrator shall have no jurisdiction to amend, alter, enlarge, reduce or modify this Agreement, or to render any academic judgment. The arbitrator shall hear and determine the dispute and issue whatever decision is deemed just and equitable, such decision being final and binding upon all parties involved, subject only to judicial review by the Court of Queen’s Bench. It is expected that the arbitrator will render a written decision within one hundred and eighty (180) days of the hearing.
All time limits in this procedure may be extended by mutual agreement of the parties, reduced to writing. Officers of the Union and, where applicable, a griever represented by the Union, shall be allowed reasonable and necessary time off without loss of pay to attend meetings relating to a grievance. This provision does not extend to arbitration hearings or proceedings before the Labour Relations Board or the Courts.
No Resident shall suffer any prejudice as a consequence of recourse to this grievance procedure. A complaint that any such prejudice has occurred shall be commenced at Step Two of this procedure.