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Article 2.0 Term of Agreement

Article 2.1

This Agreement, unless modified by mutual consent, shall be in force and effect from and after January 1, 2013, up to and including December 31, 2014, and from year to year thereafter unless notice to negotiate revisions thereto is provided in writing. Any revisions in this Agreement shall be provided effective the date of signing unless otherwise stated.

Article 2.2

Either party may, not less than thirty (30) days and no more than ninety (90) days before the expiry date hereof, give notice in writing to the other party to negotiate revisions to this Agreement. Unless otherwise mutually agreed, negotiations shall commence within sixty (60) days of the receipt of the notice.

Article 2.3

No Resident involved in negotiations shall suffer any prejudice as a consequence of such involvement or activity in said negotiations. A claim that any such prejudice has occurred will be dealt with at Stage 2 of the grievance procedure.

Article 3.0 Process of Negotiations, Discrimination and Harassment

Article 3.1

Non-academic terms and conditions of training/employment shall be the subject of negotiations between representatives of PAIRS and the Employer subject to the provisions of Article 1.1.

Article 3.2

It is understood that hours of training/employment and exposure time with respect to in-house calls and out-of-house calls are to be considered academic in nature. Academic matters governed by, but not limited to, the Royal College of Physicians and Surgeons of Canada and the College of Family Physicians of Canada are not subject to negotiations under this contract. Notwithstanding the above, the parties have agreed to negotiate the provisions of Article 8.

Article 3.3 

It is understood and agreed between the parties that the College of Medicine determines, from time to time, its policies and procedures regarding assessment of postgraduate Trainees, that these policies and procedures are subject to amendment by the College of Medicine and that the content of such policies and procedures are
not, nor will be, subject to negotiation nor to inclusion within this Collective Agreement by reference or inference as the case may be.

The parties do, however, agree that in the event a dispute arises as to whether a matter is academic (non-negotiable) or employment (negotiable) in nature, and provided that the entire College of Medicine process has been exhausted, the final determination of whether or not its status is academic or employment may be referred to the Provost of the University of Saskatchewan. The Provost will follow his/her own procedure in deciding the matter and will, at a minimum, provide the Employer and the Union an opportunity to be heard on the matter. In the event that an alternate deliberative body is developed to assume this function, the parties will engage in meaningful consultation to agree upon an effective date for that body to replace the Provost as the decider of such disputes as to status of matters.

Article 3.4

The parties agree that this Collective Agreement will be posted electronically on the Employer’s web site, where it may be accessed by all interested parties. Electronic copies will also be provided to all stakeholders.

Article 3.5

Letter of Appointment: The College of Medicine, University of Saskatchewan will send to each Resident a Letter of Appointment. The Letter of Appointment will read as per Form A and Form B, which form part of this Agreement, and which may be amended from time to time with the mutual agreement of the parties to the Collective Agreement.

Article 3.6

A College of Physicians and Surgeons of Saskatchewan Registration Form will be forwarded to the incoming or continuing Resident. This form must be processed prior to the commencement of training/employment.

Article 3.7 Discrimination and Harassment
Residents are covered under the Employer’s Discrimination and Harassment Prevention Policy and Procedures. It is agreed that a Resident must exhaust that Policy before resorting to external avenues as may exist.

Article 4.0 Interest Arbitration and Essential Service Provision

Article 4.1

The parties agree that there will be no strike or lockout at any time so long as this Collective Agreement is in force, including such periods of renegotiation as may occur from year to year.

Article 4.2 

The parties agree that in recognition of the important role played in the delivery of medical services by PAIRS members, Article 4 represents the Essential Services Agreement required under the provisions of The Public Service Essential Services Act.

Article 4.3

In the event that the parties have bargained collectively for the renewal of this Agreement and cannot conclude such renewal, either party may refer all outstanding issues to an interest arbitrator whose determination of the same shall be final and binding upon the parties. Notwithstanding such reference, nothing shall preclude the parties from additional discussions up to and including the conclusion of a new Collective Agreement.

Article 4.4

Once a party has invoked the interest arbitration protocol, it is agreed and understood that the parties will forthwith request the assistance of a mediator from the Provincial Ministry of Labour Relations and Workplace Safety (or its successor) to develop the list of issues which will be referred to interest arbitration. The parties agree to make their best efforts to expedite this process. All matters tentatively agreed in negotiations will
remain tentatively agreed and will form the balance of the renewed Collective Agreement at the conclusion of the arbitration process. 

Article 4.5

The parties will, prior to mediation, begin discussions on naming the arbitrator. Once the mediation process has concluded, if no agreement has been reached on an arbitrator, the Chairperson of the Labour Relations Board will appoint the arbitrator. The arbitrator’s jurisdiction will be limited to the matters listed by the parties via mediation. The arbitrator shall determine the procedure to be followed, but in so doing shall afford the parties a full opportunity to make their submissions on the issues submitted. The arbitrator shall render a decision as soon as reasonably practicable but in any event within one hundred and eighty (180) days of the close of the arbitration hearing.

Article 4.6 

The parties agree to share equally the arbitrator’s account for services rendered. The parties will pay their own expenses.

Article 4.7 

The parties agree that the entirety of Article 4 will be the subject of collective bargaining in the next round of negotiations of this Collective Agreement, expected to commence in 2014. Absent agreement to maintain or amend Article 4, its provisions will cease to bind the parties, the provisions will be removed from the Collective Agreement, and the provisions of The Public Service Essential Services Act will apply.

Article 5.0 No Strike/No Lockout

Article 5.1

There shall be no strike, slow-down, or other interruption of training/employment in any form on the part of PAIRS or any Resident represented by PAIRS during the term of this Collective Agreement.

Article 5.2 

There shall be no lockout by the Employer during the term of this Collective Agreement.