Within twelve (12) months preceding the expiry of the Agreement, the Federation may send the Minister its written proposals in whole or in part on all matters that it feels should be amended.
Next negotiations
The Federation and the Minister agree to begin negotiations and subsequently pursue them without delay, with diligence and good faith, with a view to renewing the Agreement.
Mandatory arbitration
The parties agree that matters of dispute at the time of renewal of the Agreement and subsequent agreements may, at the request of either party, be submitted to compulsory binding arbitration, with the exception of the following matters:
- salary scales;
- working hours;
- payment for on-call work;
- retirement plan;
- tuition fees charged by universities;
- therapeutic or diagnostic instruments;
- the policy on determining the number of resident positions; nevertheless, such exclusion shall not have the effect of excluding from arbitration a working condition that would otherwise be arbitrable;
- clinical teaching units.
Arbitration exceptions
No items involving any of the following matters and incurring additional expense for the establishment, except for items relating to situations specific to residents, shall be submitted to arbitration:
- parking facilities;
- uniforms and paging service;
- room conditions; • meals; • statutory holidays;
- special leave;
- annual leave;
- maternity, paternity and adoption leave;
- sick leave, salary insurance, life insurance and health insurance.
Future salaries
Residents shall receive the basic salary scale adjustments and premiums and supplements already existing in the agreement granted to all technicians and professionals in the Health and Social Services network.
Future working conditions
- parking facilities;
- uniforms and paging service;
- room conditions;
- meals;
- statutory holidays;
- special leave; • annual leave;
- maternity, paternity and adoption leave;
- sick leave, salary insurance, life insurance and health insurance;
- tuition fees charged by universities;
- therapeutic or diagnostic instruments;
Arbitration procedures
To enforce the foregoing articles, either party may at any time, upon written notice to the other, refer the matters in dispute to an Arbitration Board.
Arbitration board
The Arbitration Board shall be composed of a Chairman and a representative of each party.
Arbitration board representatives
Within ten (10) days of sending the notice mentioned in Article 36.07, each party shall notify the other, in writing, of the name of the person it has appointed as its representative.
Arbitration board chairperson
The representatives thus appointed by each party shall not delay in consulting each other and agreeing on the choice of a third party who shall act as Chairperson of the Arbitration Board. Failing agreement on the choice of the Chairperson, the latter shall be appointed by the Chief Justice of the Court of Quebec from among the judges of that Court.
Arbitration
The ruling of the Arbitration Board shall be handed down within ninety (90) calendar days of the date on which the hearings end.
Ruling
The Chairperson shall send one copy of the arbitration award to each party.
Chairperson’s powers
Should no unanimous or majority decision be reached, the Chairperson’s report shall constitute the Arbitration Board’s award.
Arbitration board vacancy
All vacancies created by the death of a representative of one of the parties on the Arbitration Board, or by his resignation, inability or refusal to take action, shall be filled without delay by the party concerned; in case of a delay in filling that vacancy, the Chairperson may order the Arbitration Board to continue its work in the absence of a representative of the party in default. As soon as the vacancy is filled, the Arbitration Board shall resume its work without delay, from where it left off, unless the Chairperson decides otherwise.
Chairperson vacancy
Chairperson’s fees and expenses
The Arbitration Board Chairperson’s expenses and fees shall be paid by both parties equally.