Conflicts & Resolutions

There are situations in which Residents should contact PAR-BC to ensure that they are given their full rights stated in the PAR-BC Collective Agreement. You will find information below regarding situations where Residents can appeal their rights that have been negotiated in the collective agreement, and what you should do as a Resident.

When contacted, PAR-BC retains confidentiality of all issues and will not disclose personal details.

Refer to Article 20 – Scheduling, Memorandum of Understanding Re: On-Call Provisions

Please refer to the policies listed on the UBC Faculty of Medicine Postgraduate Training Policy page.  

Frequently Asked Questions

UBC mails information on registration processes and licensure forms to new incoming residents around the month of may. This page will include a basic outline introductory information that residents may want to know.

I am experiencing some difficulties in my program but believe that I can handle it on my own. Any suggestions?

1. Know your rights. This means knowing the collective agreement, the training objectives established for your program, and any policies that can affect you.
    
2. Be aware of the allegations against you. Obtain a copy of your file and any other documentation on which the program will rely. Familiarize yourself with it. There is no such thing as confidential information in your file. If the program is relying on it, they must share it with you. Otherwise, it cannot be used.
    
3. Seek a meeting with your program director. Be prepared. Determine the outcome you want and then work toward that goal. Draft your points in advance. Develop alternatives. Follow-up with a written letter to your program director laying out your understanding of what was discussed and agreed-to.
    
4. Don’t let the issue in question drag on. If you and your program are not constructively moving toward a resolution then it may be time to assert your rights. One of the ways to do this is to contact PAR-BC.
    
5. Document. Document. Document.

I received a needle-stick injury at work. What should I do?

Any Resident who is injured on the job is covered by WCB. Workplace injuries include needle-stick injuries. Any workplace injury should be reported and an “Incident Report” completed regardless as to whether or not you seek treatment, or take time off work. That documentation is your protection should the injury recur in the future and you find yourself requiring treatment or medical leave. This is particularly important when needlestick injuries are involved.

My on-call shifts are in violation of the Collective Agreement, what should I do?

If you are scheduled to be on call for more than 1:4 for in-hospital calls, and more than 1:3 for home-call, talk to your program director to make changes. Please note that many programs average the total number of days on service by 4 for in-hospital calls, and 3 for home call – however Residents should not have to work consecutive days and nights on-call. Contact PAR-BC if you are unsure whether or not your call schedule is in violation.

Refer to Article 20 – Scheduling, Memorandum of Understanding Re: On-Call Provisions

I am scheduled for an on-call shift on a statutory holiday, what should I expect?

A Resident will be paid double (or double time and a half on Good Friday, Christmas and Labour Day) on any hours worked within a statutory holiday. Make sure your payroll is adjusted by your program. You can also contact payroll services at: PayrollServicesInquiries@vch.ca or 604-875-4738 (toll-free: 1-888-875-4747) to make sure documentations have been submitted and that they are being processed.

Refer to Article 12 – Statutory Holidays

I don’t agree with my evaluation. Do I have to sign it?

Signing your evaluation doesn’t signify agreement. It simply means the evaluation has been discussed with you.

Significant concerns should be addressed. You are in fact entitled to appeal your evaluations. But first, discuss your concerns with your supervisor. If you are unable to obtain resolution at that stage, or if you are uncomfortable doing so, request a meeting with your program director. If you still believe your concerns have not been addressed, contact PAR-BC.

If you disagree with your evaluation but choose not to appeal, at minimum append a written rebuttal to the evaluation. This ensures that both documents are placed in your file.

Refer to UBC Policies Page: http://www.med.ubc.ca/education/Postgraduate_Medical_Education/Policies.htm

I have been placed on probation and I don’t agree with the decision. Do I have any options?

Your options depend on your particular set of circumstances. Contact PAR-BC immediately. Can I be fired? Yes. A Resident can be terminated for any of the following reasons:

1. Unsuitability for the training program. Unsuitability is a catchall phrase that can mean several things. The program is essentially telling you that it believes you are “unsuitable” for the training program you are in.
    
2. Loss of your license.
    
3. From your employment.

Refer to Article 5 – Dismissal, Article 6 – Termination - Unsuitability for Program

In the case of termination, for recourse or representation in any “disciplinary” meetings with your program, contact PAR-BC immediately.

I need legal help regarding professional liability, what do I do?

The hospital provides full coverage of Residents. However CMPA coverage provides a more extensive protection clause, that specifically protects Residents. Although the collective agreement compels the employer to “indemnify and save harmless” any Resident who incurs a legal liability to pay damages, PAR-BC strongly recommends that its members purchase CMPA.

For more information on Insurance & Benefits, please see Residency > General Information

Grievances

A grievance is an official complaint filed by the Resident, or PAR-BC on behalf of the Resident in regards to a serious complaint or violation that cannot be resolved by discussion. Residents are advised to consult PAR-BC on matters before they are brought to the grievance procedure.

Article 3 of the PAR-BC Collective Agreement

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.

Arbitration

If issues cannot be resolved in the grievance stage, the complaint can be brought further to the arbitration stage where an arbitrator, a neutral third party, is brought in to resolve the issue.

Article 4 of the PAR-BC Collective Agreement 

4.01 Either of the parties may, after exhausting the grievance procedure notify the other party in writing within thirty (30) calendar days of the receipt of the reply at the final stage, of their desire to submit the difference to arbitration. Within fifteen (15) calendar days of receipt of such notification, the parties agree to submit the matter to an arbitrator chosen from the following list in descending order:

H. Allan Hope
D. McPhillips
J. Weiler
V. Ready
C. Taylor
D. Munroe
J. Korbin

4.02 The Arbitrator shall have full power to resolve all disputes arising under this Agreement, including the power to decide whether any matter is arbitral. The decision of the Arbitrator shall be final and binding on both parties. The expenses and compensation of the Arbitrator shall be shared equally by the parties.