Article 3: Grievance Procedure
3.01 Discussion of Differences
If a difference arises between the Hospital and the Resident(s) or between the Hospital and PAR-BC concerning the interpretation, application, operation, or any alleged violation of the Agreement, the Resident(s) will continue to perform his/her Program responsibilities in accordance with the Agreement until the difference is settled.
3.02 Resolution of Differences
The following procedure will be used for the resolution of differences referred to in Article 3.01.
Stage 1: Within fourteen (14) calendar days of the occurrence of the difference, or within fourteen (14) calendar days of when the Resident(s) first became aware of the matter giving rise to the difference, he/she shall discuss the difference with his/her immediate supervisor. As long as the parties are making progress towards satisfactory resolution of the difference in question the Resident shall have the option of continuing discussions at Stage 1. Should a settlement not be reached then:
Stage 2: Within seven (7) calendar days of termination of the discussion in Stage 1, the Resident or PAR-BC shall submit the grievance in writing to the Program Director or Director of Medical Education or designate, the details of the grievance and the remedy requested. The Program Director or Director of Medical Education or designate shall, within fourteen (14) calendar days from the date of receipt of the grievance hold a grievance meeting with a PAR-BC representative and give a written reply to the Resident and PAR-BC. Should a settlement not be reached then:
Stage 3: Within fourteen (14) calendar days of receipt of the written reply PAR-BC will submit the grievance to the Associate Dean of Residency Training and Vice-President, Medicine, or designate. The matter will be discussed between the parties, PAR-BC and the Associate Dean, or Vice-President, Medicine, or designate. Should a settlement not be reached at this stage, the grievance may be referred to arbitration pursuant to Article 4.
Where PAR-BC submits a written grievance Stage 1 will be eliminated and PAR-BC will be substituted for the Resident in Stage 2
3.03 Policy Grievance
If a difference of a general nature arises between PAR-BC or its members and the Hospitals concerning the interpretation, application, operation, or alleged violation of this Agreement, the aggrieved party shall submit a written grievance to the other party within fourteen (14) calendar days of becoming aware of the matter giving rise to the difference, and stage 3 of Article 3.02 shall apply.
3.04 Departure From Grievance Procedure
Should a Resident pursue a grievance outside the collective agreement prior to exhausting those avenues available through the grievance procedure and collective agreement, PAR-BC will deem the grievance to be abandoned.
