Grievance
A difference in interpretation or violation of any of the provisions in this Agreement as well as any disagreement relative to the working conditions of the residents under the jurisdiction of the establishment may constitute a grievance.
Interpretation
A grievance is a written request to the employer, generally to the Human Resources Department, aimed at rectifying a situation which constitutes a violation of the collective agreement or concerns a difference of interpretation of the text of this Agreement. A grievance is filed for different reasons: either you are the subject of a disciplinary measure (written warning, suspension, dismissal, etc.), or you have a difference of opinion with the establishment concerning the interpretation of your Agreement, or the employer has violated the Agreement or your rights, or is preparing to do so.
Deadline for grievance
A grievance shall be subject to the following procedure: Any resident or the association shall, within ninety (90) calendar days of taking cognizance of the fact giving rise to the grievance but within not more than twelve (12) months of the occurrence of the fact giving rise to the grievance, submit it in writing to the establishment, which shall reply in writing to the person submitting the grievance within the following ten (10) calendar days. A grievance pertaining to salary may be filed at any time, but it shall
Interpretation
If you are considering filing a grievance, we suggest you contact your Association or the Federation. We will help you build your file and conduct a legal analysis of it, so as then to be in a position to draft the grievance, where applicable. The grievance will state the situation in dispute and the corrective measure demanded.
The grievance is then forwarded to your establishment’s Human Resources Department. The grievance must be sent within 90 calendar days of the time when you became aware of the facts leading to the dispute. If these facts occurred more than 12 months ago, you may no longer file a grievance, because the deadline will have passed.
The deadlines of ninety (90) days and twelve (12) months, as applicable, are strict deadlines.
Deadline calculation
The deadline shall be calculated from the date of the last event giving rise to the grievance.
No deadline other than those stipulated in this Agreement shall be applied with respect to a grievance.
Composition of grievance
The letter constituting the grievance shall contain a summary report of the facts and the corrective measures requested.
Resident's rights
The resident who leaves the establishment shall retain his right to the grievance and arbitration procedure until such time as he has collected the full sum of money to which he is entitled under this Agreement, provided he exercises his rights within ninety (90) days of taking cognizance of the fact giving rise to the grievance.
Interpretation
When you complete your residency, if a dispute remains concerning your salary due (for instance, your bank of leave that may be converted to monetary compensation, your final pay, etc.), the grievance procedure remains the legal route for claiming that amount from the establishment.
Deadline for arbitration
Interpretation
The decision to take a grievance to arbitration lies exclusively with the Association, even if the grievance was filed on your behalf. This decision will be made with the Federation’s resource persons following analysis of the file, in order to ensure that the grievance has a reasonable chance of succeeding.
Arbitration is a procedure which consists in asking a third party, i.e., an arbitrator, to rule on the dispute which gave rise to the grievance. The individuals who do this work are listed in Article 18.10. The arbitrators generally travel to the different establishments. It can take from several months to as much as one year from the forwarding of a grievance to arbitration to the moment the arbitrator hands down his ruling. Arbitration is essentially a court hearing where each party presents its witnesses and arguments. Where applicable, you will have to be prepared to cooperate in this process.
The establishment agrees to meet with the association at any time, at the request of the latter, to discuss the grievance and attempt to reach an agreement.
- Me Pierre Laplante (chief arbitrator)
- Me Francine Beaulieu
- Me Jean-Alain Corbeil
- Me Robert Côté
- Me André Dubois
- Me Nathalie Faucher
- Me Maureen Flynn
- Me Francine Lamy
- Me André G Lavoie
- Me Jean Pierre Lussier
- Me Claude Martin
- Me Jean-René Ranger
- Me Andrée St-Georges
Interpretation
When a file is referred to arbitration, the establishment and the Association have to agree on the arbitrator who will hear the case. In the event of disagreement between the parties, the chief arbitrator will name one of the arbitrators listed in this article.
Call to arbitration hearing
Once the arbitrator is advised of a grievance, he shall call the parties to a hearing in order to proceed as quickly as possible.
Decision
The decision of the arbitrator is final and shall bind the parties.
Interpretation
The arbitrator’s ruling is final, without possible appeal. It binds the parties and the resident concerned, pursuant to the Labour Code, CQLR, c. C-27.
Arbitrator's fee and expenses
The fees and expenses of the arbitrator are borne by the party which submitted the grievance if the latter is denied or by the party to whom the grievance was submitted if the latter is granted. In the event the grievance is partially granted, the arbitrator shall determine the proportion of fees and expenses to be borne by each of the parties.
In all cases, the arbitrator’s fees and expenses with respect to the postponement of a hearing or withdrawal of a grievance shall be borne by the party requesting such a postponement or responsible for such a withdrawal.
Interpretation
Power to summon
The arbitrator shall summon the parties peremptorily if they do not agree to proceed within a reasonable timeframe.
Absence of either party
The arbitrator may proceed ex parte if either party does not appear on the day of arbitration.
Arbitrator's decision
A decision by the arbitrator shall be rendered in writing, and transmitted under his authority to the parties. Moreover, under no circumstances is the arbitrator empowered to modify the text of the Agreement.
Monetary decision
If the arbitrator decides that a sum of money is to be paid, this sum shall bear interest, as of the date the grievance was filed, equal to the Bank of Canada’s discount rate in force on that date, plus one and one-half percent (1½%).
Claim
Arbitrator’s powers
With respect to disciplinary matters, the arbitrator may confirm, change or rescind the decision of the establishment; he may, as applicable, replace it with a decision which he believes to be just and reasonable, taking into account all aspects of the case.
Multiple grievances
The Ministry of Health and Social Services and the Federation, acting on behalf of its affiliated associations, may agree that one or more grievances filed locally are provincial in scope and may, accordingly, refer them to joint arbitration. The parties shall agree on the appointment of an arbitrator, in accordance with the procedure set out in Article 18.10. The parties may also agree to use the mediation procedure set out in Article 18.24 et seq. below in order to conduct a single mediation.
The decision arising from such arbitration or mediation shall be binding on all the establishments concerned as well as the designated associations and the residents members of these associations, provided the said associations have given notice of their agreement in that regard in writing prior to the adoption of the aforementioned decision.
Collective grievance
If several residents taken collectively or the association itself believe themselves wronged, the association may submit a collective grievance following the procedure described above.
In the case of a collective grievance, the group shall be represented by a person appointed by the association.
Grievance to the minister
A difference in interpretation or violation of the stipulations provided for in Articles 4.01, 19.06, 19.07, 28.08, 34, 35.03 and 36 and Letter of Understanding #1 concerning transitory measures for the reimbursement of travel, accommodation and living expenses may give rise to a grievance between the signatory parties to this Agreement, in accordance with the procedure provided for in Articles 18.02 to 18.19, with the necessary modifications.
Interpretation
The Federation may file a grievance directly with the Minister for a difference in interpretation or violation of particular stipulations relative to the articles listed above, and refer this grievance to arbitration in accordance with the procedure in Article 18. These articles deal in particular with travel, accommodation and living expenses, and the Standing Committee on Physician Resources.
Mediation
A party may serve notice of its intention to use the mediation procedure provided for in Articles 18.25 to 18.32 to settle one or more grievances. The other party shall, within the following fifteen (15) days, provide notice of its agreement or disagreement. Failing a response, that party shall be deemed to have refused.
Interpretation
It is possible to use a mediation process to settle a grievance. This process could be defined as intervention in a dispute by a neutral, impartial third party who, while having no decision-making authority, may none the less help the parties reach a mutually acceptable settlement of the questions raised by the grievance. This process requires the agreement of both parties.
Choice of mediator
If there is an agreement to use the mediation procedure, the parties shall agree on the choice of a mediator and, unless they decide otherwise, the mediator shall be chosen from among those recommended by the Quebec Bar or the Ministry of Labour, Employment and Social Security. Failing an agreement, the arbitration procedure provided for in Articles 18.08 to 18.19 shall apply.
Mediation for grievance to the minister
In the case of one or more grievances pursuant to Article 18.23, if there is an agreement between the parties to use the mediation procedure, the latter suspends the recourse provided for in Articles 18.08 to 18.11. At the request of one of the parties, and after an eight (8) week waiting period following the date on which they served notice of their agreement to use the mediation procedure, the recourse provided for in Articles 18.08 to 18.11 shall apply if the parties have not resolved the dispute between them within that waiting period. The parties shall agree on the choice of a mediator and, unless they decide otherwise, the mediator shall be chosen from among those recommended by the Quebec Bar or the Ministry of Labour, Employment and Social Security. Failing an agreement, the arbitration procedure provided for in Articles 18.08 to 18.22 shall apply.
Suspension of hearing
Maintaining arbitration
Interpretation
To ensure the file is heard within a reasonable timeframe, mediation is a process which runs alongside the arbitration process. On the other hand, the arbitration process may be suspended if both parties agree to it.
Costs and fees
Confidentiality
Discussions between the parties during the mediation shall be confidential, and may not be reported on during arbitration or in any other proceedings.
Interpretation
Discussions during the mediation process must remain confidential. Thus, none of the information shared could be used in any other proceedings, such as before university authorities. This rule allows the parties to have more informal discussions in order to try to settle the dispute, with no fear that the content of these discussions might be detrimental should the mediation fail and it be necessary to discuss the facts of the dispute before the arbitration board.
End of the mediation
The mediation procedure shall terminate at any time upon the request of one of the parties.