Grievance Procedure
Any difference concerning the interpretation, application administration or alleged violation of the provisions of this Agreement shall be considered a grievance and shall be subject to the Grievance and Arbitration Procedures hereunder.
11.01 INFORMAL DISPUTE RESOLUTION PROCEDURE
11.01 (a) Any Resident(s) who feels that they have been treated unjustly or otherwise aggrieved by any action or lack of action of an Employer in relation to an employment matter, may discuss the matter with a Maritime Resident Doctors representative. In such case, the Maritime Resident Doctors representative may approach the Associate Dean of Post-Graduate Medical Education and attempt to resolve the matter. At this stage the Maritime Resident Doctors representative will not be required to disclose the name of the aggrieved resident. If no resolution is achieved through this process, or if the Resident chooses not to use this process, the Resident shall discuss the matter with their immediate supervisor, the Program Director of the Resident’s own Program, or the Associate Dean of Post-Graduate Medical Education, or any of them, no later than fourteen (14) calendar days after the date on which they became aware of the action or circumstance.
11.01 (b) The aforementioned supervisors shall answer the dispute within ten (10) calendar days of the discussions unless Maritime Resident Doctors agrees to extend this time limit.
11.02 GRIEVANCE PROCEDURE
11.02 (a) STEP 1: When the Resident is not satisfied with the response of the supervisor under the Informal Dispute Resolution Procedure and the matter in dispute is a grievance as defined above, the Resident concerned or a representative of Maritime Resident Doctors acting on his/her behalf may submit the grievance in writing to the Clinical Department Head of the Department at the site where the Resident is employed within fourteen (14) calendar days of the supervisor’s response or within fourteen (14) days after the date on which they became aware of the action or circumstance giving rise to the grievance if not presented under Article 11.01. A copy of the grievance shall also be provided to the Human Resources Director or Manager at the site and to a representative of Maritime Resident Doctors, if the Resident submitted the grievance without the involvement of a Maritime Resident Doctors representative. The grievance shall clearly specify the section of the Agreement violated and the redress sought. The Department Head shall reply within seven (7) calendar days after the grievance was received.
11.02 (b) STEP 2: Failing satisfactory settlement at Step 1, within seven (7) calendar days of the receipt of the Department Head, the Maritime Resident Doctors grievance representative or the Resident may submit the grievance to the Chief Executive Officer or delegated official of the Employer at the site of the Employer where the Resident is employed. A copy of the grievance shall be forwarded by Maritime Resident Doctors to the Director of Employee and Labour Relations at the Nova Scotia Health Authority. The CEO or delegate shall render a decision within seven (7) calendar days after receipt of the grievance in Step 2. A copy of the decision shall be sent to the CEO of Maritime Resident Doctors.
11.02 (c) STEP 3: Failing satisfactory settlement at Step 2, Maritime Resident Doctors may refer the grievance to arbitration, providing it does so within fourteen (14) calendar days of receipt of the CEO’s response in Step 2.
11.03 Maritime Resident Doctors may file a grievance dealing with a question of general application or interpretation of this Agreement directly at step 2 of the above procedure providing it is done within fourteen (14) calendar days of the date Maritime Resident Doctors became aware of the facts giving rise to the grievance.
11.04 (a) The Employer may submit a grievance in writing to the CEO of Maritime Resident Doctors. Each grievance must be submitted within fourteen (14) calendar days of the date when the Employer became aware that the grievance arose and shall clearly specify the section of the Agreement violated and the redress sought. The CEO of Maritime Resident Doctors shall reply in writing within seven (7) calendar days after the grievance was received from the Employer.
11.04 (b) If the Employer is not satisfied with the reply of the CEO of Maritime Resident Doctors, the Employer may refer the grievance to arbitration, providing it does so within fourteen (14) calendar days of receipt of the reply.
11.05 The time limits referred to in Articles 11.01, 11.02, 11.03 and 11.04 are mandatory and shall be strictly adhered to unless extended in writing by mutual agreement of the parties.
11.06 Where a grievance is to be referred to arbitration by either Maritime Resident Doctors or the Employer, the following provisions shall apply:
11.07 (a) Within fourteen (14) calendar days after receipt of the CEO’s response, the response of the delegate of the CEO, or the response of the CEO of Maritime Resident Doctors, the party referring the grievance shall give notice to the other party indicating that it intends to refer the matter to arbitration by a single arbitrator and suggesting the name of an arbitrator. The notice of Maritime Resident Doctors shall be given to the Director of Employee and Labour Relations at the Nova Scotia Health Authority;
11.07 (b) Within fourteen (14) calendar days after receipt of such notice, the other party shall respond by indicating its acceptance or rejection of the arbitrator, and if it is rejected, its suggestion for an arbitrator;
11.07 (c) If the parties cannot agree on a single arbitrator within thirty (30) days of the notice provided for in 11.04 (a) either party can request that the Minister of Labour appoint an arbitrator to hear and decide the grievance.
11.08 The arbitrator is to be governed by the following provisions:
11.08 (a) The arbitrator shall hear and determine the subject of the grievance and shall issue a decision which is final and binding upon Maritime Resident Doctors, the Nova Scotia Health Authority, and upon any Resident or Employer affected by it;
11.08 (b) Each of the parties shall pay one-half of the remuneration and expenses of the arbitrator.
11.08 (c) The arbitrator shall determine its own procedure, but shall give full opportunity to all parties to present evidence and make representations;
11.08 (d) The arbitrator shall not have the power to alter or amend any of the provisions of this Agreement;
11.08 (e) Representatives of Maritime Resident Doctors, the grievor and the witnesses at arbitration held pursuant to this Agreement shall be granted leave of absence without loss of salary or any other benefit to attend arbitration.
