Membership
All residents who are members in good standing of one of the associations at the time this Agreement is signed, and all those who subsequently attain this status, shall maintain their membership in one of the associations for the entire term of the Agreement, as a condition of maintaining their employment. All new residents shall become members of the association within ten (10) calendar days of the first day of work, as a condition of maintaining their employment. At the time of hiring, the resident shall be informed of this stipulation by the establishment.
Interpretation
Also, you will receive, on entering residency, a communication from the Federation asking you to complete the form for membership in the Federation and your Association.
Employment form
The establishment shall sign and have the resident sign an employment form that contains the following information:
- name of establishment;
- address of establishment;
- name of resident;
- address; • email address;
- social insurance number;
- home telephone number;
- sex;
- language for correspondence;
- date of birth;
- date and length of employment;
- residency level and specialty;
- name and telephone number of a person to be contacted in an emergency.
The resident may send the establishment, by email, the employment form duly signed by himself, and said signature shall then be legally valid. The establishment shall send the Federation, by email when available, a copy of the said employment form, within seven (7) days of its signing by the resident
Interpretation
You may now sign your employment form electronically and email it back to the establishment.You are advised to carbon copy (cc) the Federation (fmrq@fmrq.qc.ca).
List of residents
- family name and given names of all residents it pays during the year or, as applicable,
- family name and given names of all residents who will be carrying out a rotation in that establishment over the same period;
- duration, location and nature of their rotation and the service or department where it is to be carried out;
- training program;
- level of residency.
Union meeting
For union purposes, the representative of an association may call a meeting of any or all of the residents of an establishment during working hours.
Details concerning time and place shall be decided between the union representative and the establishment.
Residents participating in this meeting shall suffer no loss of or reduction in salary, except when the meeting is used as a pressure tactic, in particular a public demonstration.
Interpretation
The establishment must release, without loss of salary, a resident who takes part in a union meeting organized by the Association or the Federation.
General assembly
The Federation or an association may call a meeting of its officers, directors or union delegates or a general assembly during work hours. The individuals called to the meeting shall sustain no loss of or reduction in salary, except when the said meeting is used as a pressure tactic, in particular a public demonstration. The maximum number of delegates released shall be established, for each establishment, at one (1) per fifty (50) residents, each establishment being required to release at least one (1) delegate. All residents or, at the association’s choice, a part of them may attend a general assembly following prior notice to the establishment of three (3) working days.
Such a general assembly or a meeting of officers, directors or union delegates may take place within or outside the establishment. When this general assembly or this meeting of union delegates is held in a given establishment, the association or the Federation shall agree with the said establishment as to the schedule and location prior to such an assembly or meeting.
Interpretation
The Federation or an association which calls a general assembly is not obliged to cover call services. We prefer, however, to use this right only when the general assembly is considered highly important. Thus, for each general assembly, the establishment is notified of the decision of the Federation or Association as to whether or not to maintain call services.
This being said, providing call service does not mean that the day of the assembly will be the equivalent of a weekend day. If call duty normally begins at 17:00, the duty resident will be at his post at 17:00. If, on the other hand, call duty normally begins at 08:00, then this resident will have to do his call duty from 08:00 onward.
Note that other rules provided for in the Quebec Labour Code protect the freedom to exercise union rights. Thus, the employer or anyone (staff physician, university, college, etc.) is forbidden to hinder union activities, or to take reprisals owing to the exercise of union activities (see in particular sections 12 to 17 of the Quebec Labour Code). When in doubt, please get in touch with the Federation. Sanctions can be very severe against anyone seeking to prevent you from exercising your union rights.
Joint committee
The resident who is a member of a joint committee made up of a representative designated by the government or the establishment on the one hand and union representatives on the other, as well as the resident who is called upon by the committee to assist in its work, shall be entitled, upon notifying the establishment, to leave of absence without loss of salary to attend meetings of the committee or to perform work required by the committee.
Union representative
The resident may arrange to be accompanied by a union representative during any dealings with the establishment.
Union release
Representatives of the association may meet with officials of the establishment, by appointment. They may also meet with residents of the establishment during working hours in the event of grievances or investigations concerning working conditions, after making application to the Director of Professional Services or his representative, who may not refuse without valid reason. The representatives of the association and the residents concerned shall not suffer any loss of salary.
Release for arbitration
The representative of the association, the interested party and the witnesses in an arbitration or court hearing shall, for the purposes of the Agreement, be granted leave of absence without loss of salary.
Juror or witness
The resident who is called upon to act as juror or to appear as a witness in a case in which he is not a party shall be granted leave of absence without loss of salary.
Interpretation
This article indicates that if you receive a subpoena to testify in a case or are called for jury duty in a case, you are released without loss of salary. Thus, you will receive your entire salary, i.e., including all your premiums and supplements provided for in the agreement, as well as the allowances to which you are legally entitled.
Moreover, the Jurors Act, CQLR c. J-2, stipulates that certain candidates are disqualified from serving as jurors or may be exempted on valid grounds. For instance, the spouse of an attorney, notary or peace officer is disqualified, whereas a candidate whose health or domestic obligations are incompatible with serving on a jury may be exempted. Thus, a resident who is disqualified or wishes to put forward grounds for being exempted must make an application by completing the form, “Application for exemption or disqualification from jury duty or for postponement of jury duty to a later session”, and submitting it to the sheriff by registered mail within 20 days of the summons.
Finally, note that you may contact the Federation if you have any questions upon receiving a subpoena or a summons for jury duty.
Release for negotiation
The establishment shall grant leave of absence without loss of salary to two (2) residents designated by the association to attend all bargaining sessions.
Union’s room
The establishment shall provide the association with a room containing specifically a table or desk, chairs, a filing cabinet with keys and a telephone. Its location as well as the days of its exclusive weekly use shall be negotiated locally.
Union’s noticeboard
The establishment shall also make available to the association a locked noticeboard to be used for union purposes only. A key shall be given to the association.
The establishment shall also give the association, upon request, access to residents’ individual mailboxes, for the purpose of distributing information.