Memorandums

MOA, LOA, MOU, and LOUs relating to the Collective Agreement

The following Memorandums and Letters are not articles within the Collective Agreement, but address specific areas of and issues within the Collective Agreement (such as call stipends, parking and fees). They are agreed upon at the bargaining table between HEABC and Resident Doctors of BC.

The Letter of Understanding re: Administration of Employment Matters Affected by Academic Decisions, is outside of the Collective Agreement and is signed by HEABC, Resident Doctors of BC and UBC.

Memorandum of Agreement

A cooperative agreement between HEABC and Resident Doctors of BC to work together upon an agreed objective of resident well-being.

  • re: Redesign of Current Payment Model for on-Call/Call-Back

    Between HEABC and PAR-BC

    The Employer and PAR-BC agree to work together to implement the following payment model for call responsibilities effective July 1, 2014 to replace the Memorandum of Agreement Re: Redesign of Current Payment Model for On-Call/Call-Back in the 2010-2014 Agreement on the following terms and conditions:

    A. DEFINITIONS, PAYMENT ELIGIBILITY AND SCHEDULING

    “Actual Expenditures” means the expenditures for call payments and PAR-BC’s reasonable labour costs to administer the call payment scheme, incurred in each Academic Year.

    “Projected Actual Expenditures” means the expenditures for call payments and PAR-BC’s reasonable labour costs to administer the call payment scheme, incurred in the first half of each Academic Year, multiplied by two.

    “Total Expenditure” means the total funding available for call payments in each Academic Year. The total funding for the 2013/14 Academic Year was $4,529,569. The amount of funding comprising the Total Expenditure in each subsequent Academic Year will vary from the total funding for the 2013/14 Academic Year proportionately on the basis of a change to the number of Residents enrolled in the Residency Programs, and will be set prior to the commencement of each Academic Year.

    “On-Call Surplus” is defined in paragraph C3 below.

    Call Shifts Attracting Payment

    “Evening Call” means a period of In-Hospital call from 5:00 p.m. to 11:00 p.m.

    “Overnight Call” means a period of In-Hospital call lasting twelve (12) hours or more, of which one full hour is after 11:00 p.m. and before 6:00 a.m.

    “Weekend Day Call” means a period of call lasting a minimum of eight (8) hours during regular working hours of service on the weekend as defined in Article 19.04 and on holidays.

    Two types of On-Call Responsibility

    1. The two types of on-call responsibility are:
    • In-Hospital: where the Resident is scheduled to be immediately available to provide clinical services and is required to remain in the hospital for the scheduled call time period. In-Hospital call does not include “day call” during regular working hours of service Monday to Friday; and
    • Out-of-Hospital: where the Resident is scheduled to be available, but not required to remain onsite for the scheduled call time period. If onsite attendance is needed, the Resident shall be required to come in. Out-of-Hospital call does not include “day call” during regular working hours of service Monday to Friday.
    1. Payment eligibility for call is based on the following:
    • The rate of payment for a unit of In-Hospital Overnight Call for the 2014/2015 Academic Year will be $100.00.
    • The rate of payment for a unit of Out-of-Hospital Overnight call, Weekend Day Call (In-Hospital), and Evening Call (In-Hospital) for the 2014/2015 Academic Year will be $50.00.
    • A Resident who is scheduled for Out-of-Hospital Overnight Call, but who is required to work more than four (4) consecutive hours onsite during the call period, of which more than one (1) hour is past 11:00 p.m. and before 6:00 a.m., will receive payment for a unit of In-Hospital Overnight Call instead of a payment for a unit of Out-of-Hospital Overnight Call.
    • In-Hospital or Out-of-Hospital call that is scheduled to start on Saturday 8:00 a.m. and end on Monday 8:00 a.m. and is provided, will be considered to be two units of call.
    1. The Memorandum of Understanding Re: On-Call Provisions continues to apply.
    1. This Memorandum of Agreement replaces Article 20.01 through Article 20.03 of the Agreement.
    1. Termination of call requirements and scheduling of call within Residency Programs are Academic matters.

    B. IMPLEMENTATION

    1. The protocols and administrative processes, including the necessary forms and documents required for implementation of this call payment scheme, were determined by a Joint Implementation Committee (“JIC”) of HEABC/Employer and PAR-BC, following the ratification of the 2010-2014 Collective Agreement. The protocols and administrative processes established by the JIC, which will continue, consist of the following:
    • Submission of a monthly reimbursement form to be submitted to the PAR-BC office by each Resident claiming payment with provision for signed verification by the Resident of the accuracy of the call information and claim for payment.
    • Compilation of all claims for payment and submission of call payment information by the PAR-BC office to the paying agency in a manner acceptable to the paying agency so it can process payments to Residents on a timely basis.
    • Process for collecting and processing call schedule data to efficiently enable implementation of this call payment scheme.
    • Determination of reasonable labour costs for the administrative responsibilities provided by PAR-BC to implement and administer this call payment scheme.
    1. Any additional forms and documents required for the implementation of Weekend Day Call, Evening Call, and any other changes resulting from this Memorandum of Agreement will be determined by a newly constituted Joint Implementation Committee of HEABC/Employer and PAR-BC, to be established within thirty (30) days of ratification of the Agreement.
    1. Each party to this Agreement will appoint no more than two representatives to the newly constituted JIC. The parties agree that the University of British Columbia will not appoint representatives to the newly constituted JIC.

    C. EXPENDITURE MANAGEMENT

    1. Actual Expenditures will not exceed the Total Expenditure.
    1. Upon the conclusion of the first half of each Academic Year, HEABC will determine the unit payment rates for the following Academic Year. The unit payment rates will remain the same as the previous year unless the Projected Actual Expenditures exceed the Total Expenditure by more than $200,000, in which case, the projected over-expenditure will be ameliorated by reducing the unit payment rates commencing at the start of the following Academic Year, such that the projected over-expenditure should be recovered over the course of the following Academic Year.
    1. If, at the end of each Academic Year, the Total Expenditure is at least $200,000 greater than the Actual Expenditures, the difference between the (i) Actual Expenditures and (ii) Total Expenditure minus a contingency of 1% (“On-Call Surplus”) will be distributed in accordance with paragraph 2 of the Memorandum of Agreement Re: Professional Expenses Benefit and there will be no change to the unit payment rates for the following Academic Year notwithstanding any prior determination made by HEABC to reduce them under C.2.
    1. For each Academic Year, any over or under-expenditure of the Total Expenditure existing at the commencement of the next Academic Year (i.e., carried over from the preceding year), will be incorporated into the calculations set out in paragraphs C2 and C3, above.
    1. In order for HEABC to determine if a change to the unit price is necessary for each Academic Year in accordance with paragraph C2 above, and in order for HEABC to determine if an On-Call Surplus exists for each Academic Year, in accordance with paragraph C3 above, PAR-BC will provide HEABC with a record of all claims submitted for payment by Residents and paid out by PAR-BC as soon as practicable and no later than two months subsequent to the conclusion of each block.
    1. HEABC will inform PAR-BC in writing of any proposed change to the unit payment rates pursuant to paragraph C2 above, prior to the commencement of the upcoming Academic Year (“Proposed Change”), as soon as practicable following the University of British Columbia’s determination of the number of Residents enrolled in the Residency Programs for the upcoming Academic Year. Within 30 days of HEABC notifying PAR-BC of the Proposed Change, a JIC meeting will be held to review the Proposed Change, wherein HEABC will consult with PAR-BC regarding the Proposed Change and consider any alternatives to the Proposed Change that might be tabled. Subsequent to the JIC meeting, HEABC will consider any alternative presented by PAR-BC at the JIC meeting, and subsequently, decide how to proceed. HEABC will inform PAR-BC of the nature of the change they intend to implement and will finalize the change to the unit rate.
    1. The Employer has the right to audit the call data at the level of individual Resident and/or administrative processes for which PAR-BC has responsibility.
  • Read our Interpretation

    This letter from the Employer explains that the call definitions are subject to the rules of scheduling, as defined in Article 19.01.

  • re: Economic Stability Dividend

    Between HEABC and PAR-BC

    DEFINITIONS

    1. In this Memorandum of Agreement:

    “Collective agreement year” means each twelve (12) month period commencing on the first day of the renewed collective agreement. For example, the collective agreement year for a collective agreement that commences on April 1, 2014 is April 1, 2014 to March 31, 2015 and each period from April 1 to March 31 for the term of the collective agreement.

    “Economic Forecast Council” means the Economic Forecast Council appointed under s. 4 of the Budget Transparency and Accountability Act, [S.B.C. 2000] c. 23;

    Forecast GDP means the average forecast for British Columbia’s real GDP growth made by the Economic Forecast Council and as reported in the annual February budget of the government;

    Fiscal year means the fiscal year of the government as defined in the Financial Administration Act [1996 S.B.C.] c. 138 as the ‘period from April 1 in one year to March 31 in the next year’;

    “Calendar year” is a twelve (12) month period starting January 1st and ending December 31st of the same year based upon the Gregorian calendar.

    “GDP” or “Gross Domestic Product” for the purposes of this MOA means the expenditure side value of all goods and services produced in British Columbia for a given year as stated in the BC Economic Accounts;

    “GWI” or “General Wage Increase” means a general wage increase resulting from the formula set out in this MOA and applied as a percentage increase to all wage rates in the collective agreement on the first pay day after the commencement of the eleventh (11th) month in a collective agreement year;

    “Real GDP” means the GDP for the previous fiscal year expressed in constant dollars and adjusted for inflation produced by Statistics Canada’s Provincial and Territorial Gross Domestic Product by Income and by Expenditure Accounts (also known as the provincial and territorial economic accounts) and published as “Real Gross Domestic Product at Market Prices” currently in November of each year.

    The Economic Stability Dividend

    1. The Economic Stability Dividend shares the benefits of economic growth between employees in the public sector and the Province contingent on growth in BC’s real GDP.
    2. Employees will receive a general wage increase (GWI) equal to one-half (1/2) of any percentage gain in real GDP above the forecast of the Economic Forecast Council for the relevant calendar year.
    3. For greater clarity and as an example only, if real GDP were one percent (1%) above forecast real GDP then employees would be entitled to a GWI of one-half of one percent (0.5%).

    Annual Calculation and publication of the Economic Stability Dividend

    1. The Economic Stability Dividend will be calculated on an annual basis by the Minister of Finance for each collective agreement year from 2015/16 to 2018/2019 and published through the PSEC Secretariat.
    2. The timing in each calendar year will be as follows:

    (i) February Budget – Forecast GDP for the upcoming calendar year;

    (ii) November of the following calendar year – Real GDP published for the previous calendar year;

    (iii) November – Calculation by the Minister of Finance of fifty percent (50%) of the difference between the Forecast GDP and the Real GDP for the previous calendar year;

    (iv) Advice from the PSEC Secretariat to employers’ associations, employers and unions of the percentage allowable General Wage Increase, if any, for each bargaining unit or group with authorization to employers to implement the Economic Growth Dividend

    1. For greater clarity and as an example only:

    For collective agreement year 3 (2016/17)

    (i) February 2015 – Forecast GDP for calendar 2015;

    (ii) November 2016 – Real GDP published for calendar 2015;

    (iii) November 2016 – Calculation of fifty percent (50%) of the difference between the 2015 Forecast GDP and the 2015 Real GDP by the Ministry of Finance through the PSEC Secretariat;and

    (iv) Direction from the PSEC Secretariat to employers’ associations, employers and unions of the percentage allowable General Wage Increase, if any, for each bargaining unit or group with authorization to employers to implement the Economic Growth Dividend

    Availability of Economic Stability Dividend

    1. The Economic Stability Dividend will be provided for each of the following collective agreement years: 2015/16 (based on 2014 GDP); 2016/17 (based on 2015 GDP); 2017/18 (based on 2016 GDP); and, 2018/19 (based on 2017 GDP).

    Allowable Method of Payment of the Economic Stability Dividend

    1. Employers must apply the Economic Stability Dividend as a percentage increase only on collective agreements wage rates and for no other purpose or form.
  • Read our Interpretation

    The ESD has been added to the Collective Agreement as of 2014. This means if the province is in good economical standing a larger increase will apply. The previous ESD rates have been 0%. Residents will be notified if an increase will apply.

  • re: Professional Expense Benefit

    Between HEABC and PAR-BC

    1. In order to assist Residents with the costs relating to their residency and professional development, including the cost of (i) exam fees, (ii) CMPA premiums and (iii) registration fees for short-term educational programs and conferences, a lump sum payment in the following amounts will be provided, at the conclusion of each Academic Year, commencing at the conclusion of the 2014/2015 Academic Year, to Residents in the following years of a Residency Program:

    a. R1 – $1000; and

    b. R2 – $1000;

    1. If, at the conclusion of each Academic Year, starting with the 2014/2015 Academic Year, there is an On-Call Surplus, as defined by the Memorandum of Agreement Re: Redesign of Current Payment Model for On-Call/Call-Back, the On-Call Surplus will be distributed as a lump sum payment to each Resident in year three to year seven of a Residency Program, at the conclusion of the Academic Year following the Academic Year in which the On-Call Surplus was generated. The purpose of the payment is to assist Residents with the costs of (i) exam fees, (ii) CMPA premiums and (iii) registration fees for short-term educational programs and conferences.
  • Read our Interpretation

    A $1,000 benefit to assist R1s and R2s with the expense of examinations and CMPA fees.

Letter of Agreement

This is a letter that finalizes an agreement between HEABC and Resident Doctors of BC.

  • re: Memorandum of Agreement - Redesign of Current Payment Model for On-Call/Call-Back

    Between HEABC and PAR-BC

    Dear Mr. Tarasoff,

    This is to confirm the parties’ understanding and agreement that the revisions to the Memorandum of Agreement Re: Redesign of Current Payment Model for On-Call/Callback negotiated in the current round of collective bargaining are not intended to alter the interpretation or application of article 19.01 or the Memorandum of Agreement Re: On Call Provisions.

    Further, it is understood that call duties are a core responsibility for residents and the parties’ agreement to introduce payment for weekend and evening call is not intended to have any impact on resident work hours or the scheduling of resident call shifts.

    Yours truly,

    (original signed by Matt Prescott)

    Matt Prescott
    Director, Labour Relations

  • Read our Interpretation

    This letter from the Employer explains that the call definitions are subject to the rules of scheduling, as defined in Article 19.01.

Memorandum of Understanding

Describes a mutual agreement between two parties (Resident Doctors of BC and HEABC) that lies outside of the Collective Agreement articles. In the event of a disagreement of the MOU the Employer and Resident Doctors of BC will meet to attempt to mutually agreeable provisions. If an agreement cannot be made the matter will be arbitrated to the provisions of the Collective Agreement.

  • re: Union Recognition

    Between HEABC and PAR-BC

    It is understood that all Residents appointed under the terms and conditions of this Agreement are subject to the provisions contained in Article 2.02 which governs the matter of authorization of PAR-BC dues, as a condition of continuing employment.

    In the event a Resident fails to complete the necessary authorization, PAR-BC will notify the

    Employer, in writing, within sixty (60) days and provide a list of name(s) of the Residents who have not authorized the deduction.

    The Employer upon receipt of the listing will, through the Associate Dean or Program Director or his/her designate, contact the Resident(s) and draw to his/her attention the requirements of Article 2.02.

    PAR-BC, in turn, will cooperate in the dues deductions procedure by endeavouring to fully utilize

    the orientation meeting provided in Article 2.05 and other available means of communication

    with its membership in order to advise Residents of their responsibilities under Article 2.02.

  • Read our Interpretation

    Each Resident must sign and return the dues deduction authorization at the beginning of Residency

  • re: Workload during Pregnancy

    Between HEABC and PAR-BC

    HEABC recognizes that the training for Residents is such that an extended absence due to pregnancy could present difficulties in the completion of the training program. Under certain circumstances, it may be beneficial to the Resident, the Employer, and the University to have the workload modified somewhat because of the physical limitations caused by pregnancy to enable the person to continue training with minimal interruption.

    In such cases, the Resident so affected, with counsel from her treating physician, midwife or nurse practitioner, shall review the issue with her Program Director. HEABC supports the position that, if in the opinion of that physician, midwife or nurse practitioner, a reduction in workload is warranted, then the workload shall be reduced to the extent prescribed by the physician, midwife or nurse practitioner, including the elimination of on-call duty if necessary.

    This memorandum is subject to the grievance procedure contained in the Agreement.

  • Read our Interpretation

    If at any point in your pregnancy your attending physician feels a reduction in work is warranted then it shall be reduced, including the possibility of eliminating call.

    UBC also has a policy for expecting residents, which is available here.

  • re: Maternity Leave/SEB

    Between HEABC and PAR-BC

    The parties agree to establish and administer a Supplement Employment Benefits Plan (the “Plan”) as follows:

    1. The objective of the Plan is to supplement employment insurance benefits received by eligible female Residents who are on approved Maternity Leave pursuant to the Collective Agreement.
    1. The benefit level for eligible Residents under the Plan is as follows:

    (a) Maternity Leave allowance will provide an eligible Resident with two (2) weeks remuneration at 85% of the Resident’s normal weekly earnings.

    (b) An additional fifteen (15) weekly payments equivalent to the difference between the employment insurance gross benefits and any other earnings received by the Resident and 85% of the Resident’s normal weekly earnings will be made by the Employer to the Resident.

    (c) Benefits under this Plan will not exceed seventeen (17) weeks inclusive of the two (2) week waiting period.

    (d) For the purpose of this Plan, “normal weekly” earnings shall mean half of the Bi-weekly rate as listed in the Wage Schedule, prorated for part-time Residents.

    (e) The conclusion of a term of appointment will not interrupt the Resident’s access to SEB benefits.

    1. Residents are not entitled to receive SEB Plan benefits and sick leave benefits concurrently. However, a Resident may opt to utilize sick leave instead of applying for benefits under this Plan, provided she satisfies the Employer that her absence is due to a valid health-related condition, and that she is unable to attend at work to perform her duties.

    The Resident shall not be prohibited from utilizing sick leave credits prior to, or subsequent to, a period of maternity leave with benefits payable in accordance with Section 2 above.

    1. To be eligible for SEB Plan benefits as described in Section 2 above, a Resident must:

    (a) not be in receipt of sick leave benefits;

    (b) must provide satisfactory documentation to the Employer that she has applied for and is in receipt of employment insurance benefits; and

    (c) a Resident who is not eligible for or is disentitled to employment insurance benefits is entitled to the full amount of benefits under the Plan only under the following circumstances:

    i) she does not have a sufficient number of insurable weeks of employment to qualify (at least 20 weeks); or

    ii) she works less than the required number of hours (15 hours per week); or

    iii) her earnings are at least equal to 20% of the maximum weekly insurable earnings.

    1. The Plan will be effective upon approval from Canada Employment and Immigration Commission (the “CEIC”). In the event the CEIC does not approve the Plan, then the parties agree to meet and discuss amendment to facilitate approval of the Plan.
    1. The Plan will be financed by the Employer’s general revenues either directly or through an insured arrangement.
    1. The Employer shall keep a separate accounting record of benefits paid from the Plan.
    1. On termination of the Plan, all remaining assets will revert to the Employer or be used for payments under the Plan or for administrative costs associated with the Plan.
    1. The Residents have no vested right to payments under the Plan except to payments during a period of unemployment specified in the Plan.
    1. Payment in respect of guaranteed remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under this Plan.
    1. HEABC will inform the Canada Employment and Immigration Commission in writing of any changes to the Plan within (30) days of the effective date of any change.
    1. In the event that present or future legislation renders null and void or materially alters any provision of this Memorandum of Agreement or the SEB Plan entered into between the Parties, the following shall apply:

    (a) The remaining provisions of the Memorandum of Agreement or SEB Plan shall remain in full force and effect for the term of the Collective Agreement.

    (b) The Employer and the Union shall, as soon as possible, negotiate mutually agreeable provisions to be substituted for the provisions so rendered null and void or materially altered.

    (c) If a mutual agreement cannot be struck as provided in (b) above, the matter shall be arbitrated pursuant to the provisions of the Collective Agreement.

  • Read our Interpretation

    This memorandum states that residents taking maternity leave receive 2 week of pay at 85% of their normal weekly rate (half of their bi-weekly pay). Furthermore, they receive an additional 15 weeks of pay at 85% of their normal weekly rate (minus any Employment Insurance and other income).

    Weeks Benefit Amount
    1 & 2 85% of the normal weekly rate (1/2 bi-weekly pay)
    3 – 17 85% minus Employment Insurance and any Additional Earnings)

    If you are accessing the SEB benefits at the end of your appointment (typically June 30th), your coverage continues through the remaining weeks.

  • re: Orientation

    Between HEABC and PAR-BC

    Where an orientation is scheduled prior to the commencement of the Residents’ Residency Program and where that aspect of the orientation comprises administrative or “hospital” orientation, the Residents will be paid at the regular rate, for those hours that they are in attendance.

    Where an orientation as scheduled prior to the commencement of the Residents’ Residency Program and involves training courses paid for by the Employer such as ACLS and PALS, the Residents will not be paid for such attendance.

  • Read our Interpretation

    The Resident Doctors of BC orientation takes place before the commencement of the academic year, therefore, residents will not be paid for this day.

  • re: Internet Access

    Between HEABC and PAR-BC

    The Employer will provide 24-hour Internet access with an appropriate computer and screen, the sole purpose of which is to access educational information such as OVID, Med Line and Grateful Med.

    Upon the assignment of a Resident to another hospital, the Associate Dean will enquire into and encourage the non-teaching hospital to provide Internet access for the Residents.

    Residents may not create an expense for the Employer unless prior authorization has been received. Any non-approved expenses will be deducted from the Resident’s remuneration.

  • Read our Interpretation

    Questions about this can be directed to your program. To file a grievance against this article, please contact Resident Doctors of BC.

  • re: On-Call Provisions

    Between HEABC and PAR-BC

    In-Hospital call and Out-of-Hospital call shall comply with Article 19.01. In addition, In-Hospital call is on a one-in-four (1:4) basis and it shall be administered as follows:

    The number of days on service is specific to any individual Resident, and reflects the number of working days subtracting any time the Resident is away from the workplace for any reason including vacation and leaves.

    11-14 days on service – 3 calls

    15-18 days on service – 4 calls

    19-22 days on service – 5 calls

    23-26 days on service – 6 calls

    27-29 days on service – 7 calls

    30-34 days on service – 8 calls

    35-38 days on service – 9 calls

    Out-of-Hospital call is on a one-in-three (1:3) basis and it shall be administered as follows:

    The number of days on service is specific to any individual Resident, and reflects the number of working days subtracting any time the Resident is away from the workplace for any reason including vacation and leaves.

    11-14 days on service – 4 calls

    15-18 days on service – 6 calls

    19-22 days on service – 7 calls

    23-26 days on service – 8 calls

    27-29 days on service – 9 calls

    30-34 days on service – 11 calls

    35-38 days on service – 12 calls

    For further increases in days on service, the maximum number of call during the period will be determined by dividing the number of days. For example, for one-in-four (1:4) it would be the total number divided by 4, and for one-in-three (1:3) it would be the total number divided by three (3).

    The maximum averaging period is three (3) months even when the rotation is longer than three (3) months.

    If recommended in writing by their treating physician, midwife or nurse practitioner, pregnant Residents shall not be scheduled for call after the twenty-fourth week of gestation.

  • Read our Interpretation

    Numbers of on-call shifts are based on the Blocks provided by UBC. Any time away from work will affect the amount of calls a resident can do per block.

Letter of Understanding

This is a formal letter to summarize conversation in collective bargaining between HEABC and Resident Doctors of BC where parties agree to work jointly on specific areas of issue.

The Letter of Understanding re: Administration of Employment Matters Affected by Academic Decisions, is outside of the Collective Agreement and is signed by HEABC, Resident Doctors of BC and UBC.

Disputes must be brought to the LOU Committee (UBC, HEABC and Resident Doctors of BC). If disputes cannot be agreed upon an arbitrator will be expedited.

  • re: Article 18.08 - UBC Registration Fee

    Between HEABC and PAR-BC

    The parties agree that one aspect of “amelioration” in Article 19.08 is joint representation on the prospect of new or increased tuition/fees.

    The parties agree to work jointly and proactively to make representations with whatever government department or agency to ensure that the Government of British Columbia fully appreciates the economic hardship that would fall to a Resident from a new or unreasonably increased tuition/fees.

  • Read our Interpretation

    Resident Doctors of BC will work with UBC to ensure your registration costs are not excessive.

  • re: Special Skills Residents

    Between HEABC and PAR-BC

    February 26, 2002
    Ms. Zoe Towle
    Administrator
    PAR-BC

    Dear Ms. Towle:

    This letter will confirm our mutual understanding, as discussed in negotiations, that the R3 Special Skills Residents (Family Practice) are covered by the terms of the Collective Agreement.

    Yours truly,

    (original signed by K.D. Burnett)

    K.D. Burnett
    Senior Consultant, Consulting Services
    HEABC

  • Read our Interpretation
    If you are a special skills resident or have any questions about your Collective Agreement, please contact info@residentdoctorsbc.ca

  • re: Parking

    Between HEABC and PAR-BC

     

    February 26, 2002

    Ken Burnett

    Senior Consultant, Consulting Services

    HEABC

     

    Dear Mr. Burnett:

     

    This letter will confirm our mutual understanding, as discussed in negotiations, that the Employer’s obligation to provide parking “at its expense” will be satisfied by a Resident submitting an expense statement or account for the parking at the end of the applicable month.

     

    Yours truly,

     

    (original signed by Zoe Towle)

     

    Ms. Zoe Towle

    Administrator

    PAR-BC

  • re: Distributed Training Locations

    Between HEABC and PAR-BC

    • Accommodation will be secure and will have consideration for privacy.
    • Accommodation should be clean and well maintained, self-contained, have access to full kitchen, bathroom and laundry facilities.
    • The Employer will consider requests for advances of expenses.
    • There shall be an unscheduled day between rotations.
    • Accreditation standards, for education and teaching, shall be recognized and maintained.
    • Education activities that the Program Director deems the Resident must attend and where there is prior written approval of the Postgraduate Dean’s Office, the Resident will have transportation costs between the sites reimbursed.
    • The Employer will authorize and provide a return trip to the Resident’s program base at the end of every four week block. Alternatively, a return trip will be provided to the Resident’s partner.
    • In the event of a leave arising under Article 7.01, the Resident shall be reimbursed 50% of return travel expenses between the program base and the distributed location.
  • Read our Interpretation

    There shall be an unscheduled day between rotations to account for travel. If you have any questions, please contact Resident Doctors of BC.

  • re: Administration of Employment Matters Affected by Academic Decisions

    Between HEABC, PAR-BC and UBC

    WHEREAS the parties acknowledge that decisions made by the University in furtherance of Academic goals and objectives may also affect the terms and conditions of employment of the Residents; and

    WHEREAS the University is not a party to the Collective Agreement between HEABC, on behalf of certain HEABC Members (“Employer”) and PAR-BC that sets out the terms and conditions of employment of the Residents (the “Collective Agreement”); and

    WHEREAS HEABC, PAR-BC and the University wish to accurately describe and define the relationships that exist amongst them in relation to the Residents and wish to provide a mechanism for coordinating administration of those University Academic decisions that also affect the employment conditions of the Residents.

    THEREFORE HEABC, PAR-BC and the University agree as follows:

    1. The parties agree that definitions in this Letter of Understanding will be as defined in the Collective Agreement unless otherwise defined in this Letter of Understanding.
    1. Nothing in this Letter of Understanding can or should be construed as creating an employment relationship between the Residents and the University. The parties agree that neither this Letter of Understanding, or any activities carried out in furtherance of the terms of this Letter of Understanding, will be referred to or relied upon as evidence of an employment relationship between the Residents and the University in any proceedings involving all or any of the parties.
    1. As long as this Letter of Understanding is in effect PAR-BC and HEABC agree that the Articles of the Collective Agreement set out in Appendix A will be administered in accordance with the terms of this Letter of Understanding.
    1. PAR-BC and HEABC will continue to bargain collectively for the successive renewal of the Collective Agreement pursuant to its terms which include those Articles listed in Appendix A.

    Academic Matters

    1. Assignment of Residents to rotations in the Employer’s facilities is a matter wholly within the jurisdiction of the University. The Employer cannot provide employment to a Resident who has not been assigned to the Employer’s facilities by the University.
    1. The University, through the Program Directors and/or Chief (Administrative) Residents, is responsible for scheduling Residents and, except as provided for in this Letter of Understanding or as required to meet Academic requirements, agrees to schedule Residents in accordance with the applicable Articles listed in Appendix A. Scheduling includes granting of certain leaves of absence and vacation, granting of days in lieu of statutory holidays and on-call requirements.

    Where the University determines that strict application of the Article(s) listed in Appendix A conflicts with the Academic requirements of a Resident, or a Residency Program, the University may decide to vary the application of the applicable Article(s) to the Resident. The University agrees that such variances will be made where necessary to comply with its policies and in furtherance of Academic objectives related to meeting Royal College of Physician and Surgeons of Canada (“RCPS”) and College of Family Physicians of Canada (“CFPC”) requirements. The University agrees that where it is necessary to vary the application of any Article(s) to a Resident, it will vary the application of the applicable Article(s) to the minimum extent necessary to achieve compliance with its policies and to further Academic objectives relating to RCPS and CFPC requirements. The University in its sole discretion determines whether a Resident has met the attendance requirements to permit Academic evaluation in any given rotation in a Residency Program.

    1. Any disputes arising from decisions made by the University under Section 6 of this Letter of Understanding will not be resolved pursuant to the dispute resolution process set out in this Letter of Understanding or under any process available in the Collective Agreement. The University acknowledges that PAR-BC may provide advice and support to the Resident regarding decisions made by the University under Section 6 of this Letter of Understanding and that PAR-BC, at the Resident’s request, may attend meetings solely to provide such advice and support.
    1. If the Resident is unable to resolve any dispute related to a decision made by the University under Section 6 with the Program Director then the Resident may refer the matter to the Associate Dean, Postgraduate Medical Education (the “Associate Dean”) for resolution. The University acknowledges that PAR-BC may provide advice and support to the Resident regarding this process and that PAR-BC, at the Resident’s request, may attend any meetings solely to provide such advice and support. Where the Associate Dean confirms the decision to vary the strict application of the article(s) listed in Appendix A, PAR-BC may refer the matter to an arbitrator appointed under Section 16 of this Letter of Understanding who may determine whether or not the University’s decision was made in furtherance of Academic objectives related to meeting RCPS or CFPC requirements. Where the arbitrator concludes that the decision was made in furtherance of Academic objectives related to meeting RCPS or CFPC requirements, then any dispute on the merits including the nature and extent of the variance is not arbitrable. Where the arbitrator concludes that the decision was not made in furtherance of Academic objectives related to meeting RCPS or CFPC requirements, then the dispute on the variance is arbitrable and the arbitrator has jurisdiction to fashion an appropriate remedy for the failure to adhere to the article(s).
    1. For clarity, PAR-BC acknowledges that any dispute arising from a decision by the University that a Resident’s performance is not meeting academic standards such that remediation and/or probation and/or dismissal from the program may be warranted will not be resolved pursuant to the dispute resolution processes outlined in this in this Letter of Understanding or under the collective agreement. The University agrees that PAR-BC may at the behest of the Resident attend meetings regarding remediation, probation or dismissal solely for the purpose of providing support and advice to the Resident.
    1. The University will disclose to PAR-BC and to HEABC any UBC policies as amended from time to time which may have an impact on scheduling, or the granting of vacation or other leaves, and which may be the basis for scheduling or leave granting decisions that vary the application of the article(s) listed in Appendix A.

    Joint Committee

    1. The parties to this Letter of Understanding will establish a joint Committee consisting of two representatives from each of the University, the Employer and PAR-BC. One of the representatives from PAR-BC will be a Resident. Each party to this Letter of Understanding will advise the other parties of the identity of its nominees to the Joint Committee within 6 months of the date of this Letter of Understanding and every October 1st thereafter.
    1. The Joint Committee will address issues arising from the administration of the Article(s) listed in Appendix A.
    1. The Joint Committee may consider proposals for varying the application of the scheduling, rounding, on-call and shift work Articles in Appendix A based on clinical services requirements. The Joint Committee will meet if:

    i. two or more parties request a meeting; or

    ii. one party requests a meeting to discuss an issue(s) with broad policy implications

    but will in any event meet not less than four (4) times in each year of this Letter of Understanding. Meetings may be convened by conference call if necessary.

    Dispute Resolution

    1. Except as otherwise provided in this Letter of Understanding, disputes with regard to the administration of the Article(s) listed in Appendix A will be referred to the Joint Committee for discussion. Any of the parties to this Letter of Understanding may bring such a dispute before the Joint Committee.
    2. If the Joint Committee fails to reach a consensus and thus resolve the issues in dispute, the dispute may be referred to the next designated arbitrator listed in Article 4 of the Collective Agreement who will hear the matter on an expedited basis in accordance with the following:

    i. Hearing will be scheduled as promptly as possible and must, in any event, be scheduled within sixty calendar days of the referral.

    ii. PAR-BC will represent the Resident at the hearing. No outside legal counsel will be used by any party, but in any event, the parties agree that the proceedings will be informal. The parties will endeavour to exchange particulars and all relevant disclosure no later than ten (10) working days prior to the hearing.

    iii. All presentations are to be short and concise and are to include a comprehensive opening statement. The parties agree to make limited use of authorities during their presentations.

    iv. Prior to rendering a decision, the arbitrator may assist the parties in mediating a resolution to the matter.

    v. The arbitrator shall hear the matter and shall render a decision within ten (10) working days of such hearings. No written reasons for the decision shall be provided beyond that which the arbitrator deems appropriate to convey the decision.

    vi. All decisions of the arbitrator are to be limited in application to the particular dispute and are without precedent or prejudice.

    vii. The parties agree that under this process there is no intention to appeal the decision of an arbitrator.

    viii. The parties shall equally share the cost of the fees and expenses of the arbitrator.

    xi. The arbitrator will have the powers of an arbitration board under Part 8 of the Labour Relations Code.

    1. HEABC and PAR-BC agree that the grievance procedure and arbitration provisions in the Collective Agreement will remain intact for resolution of all disputes arising under the Collective Agreement other than those disputes related to the Articles in Appendix A for which provision is made in this Agreement. The grievance procedure and arbitration provisions under the Collective Agreement will not apply to the Articles under Appendix A.
    2. While this Letter of Understanding is in effect, PAR-BC and HEABC agree that Article 19.02 of the Collective Agreement is inoperative.

    Notice to End Letter of Understanding

    1. This Letter of Understanding may be terminated by HEABC, the University or PAR-BC on provision of six (6) months written notice to each of the other parties.
    2. In the event that this Letter of Understanding is terminated, PAR-BC and HEABC agree that at the end of the six (6) months notice the Article(s) listed in Appendix A will no longer be administered according to the terms of this Letter of Understanding and will be administered under the collective agreement and Article 19.02 will become operative.

    Appendix A

    1. Article 7 – Compassionate Leave
    2. Article 8 – Education Leave
    3. Article 11 – Statutory Holidays
    4. Article 12 – Unpaid Leave
    5. Article 13 – Vacation Leave
    6. Article 19 – Scheduling
    7. Article 20 – Article 20.03
    8. Memorandum of Understanding – On-Call Provisions
  • Read our Interpretation

    An agreement between Resident Doctors of BC, the Employer and UBC.