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.
Download the Collective Agreement
Report a Contract Violation
A cooperative agreement between HEABC and Resident Doctors of BC to work together upon an agreed objective of resident well-being.
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
C. EXPENDITURE MANAGEMENT
This letter from the Employer explains that the call definitions are subject to the rules of scheduling, as defined in Article 19.01.
“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
Annual Calculation and publication of the Economic Stability Dividend
(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
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
Allowable Method of Payment of the Economic Stability Dividend
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.
a. R1 – $1000; and
b. R2 – $1000;
A $1,000 benefit to assist R1s and R2s with the expense of examinations and CMPA fees.
This is a letter that finalizes an agreement between HEABC and Resident Doctors of 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.
(original signed by Matt Prescott)
Director, Labour Relations
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.
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.
Each Resident must sign and return the dues deduction authorization at the beginning of Residency
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.
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.
The parties agree to establish and administer a Supplement Employment Benefits Plan (the “Plan”) 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.
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.
(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.
(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.
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).
If you are accessing the SEB benefits at the end of your appointment (typically June 30th), your coverage continues through the remaining weeks.
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.
The Resident Doctors of BC orientation takes place before the commencement of the academic year, therefore, residents will not be paid for this day.
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.
Questions about this can be directed to your program. To file a grievance against this article, please contact Resident Doctors of 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:
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.
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.
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.
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.
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.
Resident Doctors of BC will work with UBC to ensure your registration costs are not excessive.
February 26, 2002
Ms. Zoe Towle
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.
(original signed by K.D. Burnett)
Senior Consultant, Consulting Services
February 26, 2002
Senior Consultant, Consulting Services
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.
(original signed by Zoe Towle)
Ms. Zoe Towle
Reimbursement for parking is administered through the hospital; forms for offsite callback expenses (taxi, mileage etc.) are available from UBC: http://postgrad.med.ubc.ca/current-trainees/
There shall be an unscheduled day between rotations to account for travel. If you have any questions, please contact Resident Doctors of BC.
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:
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.
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.
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.
Notice to End Letter of Understanding
An agreement between Resident Doctors of BC, the Employer and UBC.