Article 19: Scheduling
19.01
A Resident shall be scheduled by the Employer to work a reasonable number of hours. The Employer will undertake to limit the average number of hours, having due regard for sound patient care and treatment and the educational requirements of the Residency Program.
In addition, the Employer will recognize a schedule which provides on-site (In-Hospital) duty of one night in four (1:4) and one weekend in four as per the attached Memorandum of Understanding Re: On-Call Provisions.
Out-of-Hospital call will be a one night in three (1:3) schedule and one weekend in three as per the attached Memorandum of Understanding Re: On-Call Provisions.
If a Resident is expected to be immediately available (i.e., must attend within fifteen (15) minutes of being paged), then by definition, call will be considered to be on-site (In-Hospital) call, and adhere to the one-in-four (1:4) schedule.
In preparing schedules, the Employers will be governed by the following:
- Scheduled duty assignments must be separated by not less than eight (8) non-working hours.
- There shall be at least two (2) twenty-four (24) hour periods of scheduled non-working time per two (2) week period.
- Residents shall not work more than two (2) consecutive nights on-call in any seven (7) day period.
- On services where duty requirements routinely prevent the Resident from obtaining at least four (4) consecutive hours of rest within the first twenty-four (24) hours, the Resident shall have the option of excusing him/herself from duty after twenty-four (24) hours, once having ensured continuity of care. PAR-BC and the Employers agree that they will meet to define the services that are to be covered by this provision with the assistance of the Program Directors.
The Employers will make available to PAR-BC, on-call schedules on a regular basis.
19.02
On those services, or rotations where strict application of Article 19.01 may be in conflict with the educational and service requirements of the Residency Program, the parties agree to the following process to determine whether accommodations can be made.
- The Employer of its own volition or on behalf of the Associate Dean, or a Program Director, may request variance to Article 19.01 specific to the rotation, or service.
- An ad hoc committee will be struck of equal representation from PAR-BC and the Employer and should the Employer choose, a member from the Residency Program seeking an accommodation. Under no circumstances will that individual be a Resident Physician.
- The committee will meet and make a best effort to find a mutual agreement to the issue before it.
- A mutual agreement of the committee will be accepted as a variation to the collective agreement for the specific Resident(s) and without prejudice to the position of either party with respect to the meaning or interpretation of other terms of the Agreement for the duration of the term of the Agreement.
- Such agreements will be confirmed in letters of understanding between the parties.
- The committee will have thirty (30) days from the date that a request for an accommodation is made to meet and issue its decision.
Failing informal resolution, either PAR-BC on behalf of its members, or the Employer on behalf of the Residency Program, or singularly, within ten (10) days of taking the position that resolution cannot be reached may refer the matter to John Kinzie or another individual by mutual agreement, for an expedited arbitration. The party referring the matter to the arbitrator shall ensure that the other party is notified.
The arbitrator will have the ability to seek clarification from the parties.
All decisions of the arbitrator are to be limited in application to that particular dispute and are without prejudice. Those decisions shall have no precedential value and shall not be referred to by either party in any subsequent proceeding.
Each party shall submit to the arbitrator its written position, rationale, and any supporting documentation within ten (10) days of referring the matter to arbitration. 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 presentation.
The arbitrator will issue a final and binding award within ten (10) days of receiving the submissions of the parties. The award shall be short and concise.
The parties shall share equally the fees and expenses of the arbitrator.
It is understood that it is not the intention of either party to appeal a decision under this section.
With the passage of time the basis upon which an arbitrator made his decision may change. If the basis for the decision changes, either party may reinitiate the process up to and including referral to expedited arbitration.
PAR-BC retains the right to file a grievance regarding violations to Article 19.01. Should that occur, the process outlined in this article shall apply.
19.03
The on-call schedules shall be circulated one month prior to the period shown in the call schedule, to PAR-BC and to those Residents scheduled to be on call. The Employer will attempt to advise the Resident of any changes to the schedule two (2) weeks in advance.
19.04 Definition of Weekend
Weekend is defined as the time period from 8:00 am Saturday to 8:00 am Monday
19:05 Flexible Days Off
As of July 1, 2012, each Resident may take two (2) paid flexible days off (FDO) per Academic Year. Part-time Residents will receive FDOs on a pro-rata basis to their part-time equivalency in the Residency Program.
FDOs are not to be paid out and cannot be carried over to the next Academic Year. In the event that an FDO is not used in the Academic Year in which it is granted it will be forfeited and will not accrue any liability on the part of the Employer.
It is the responsibility of the Resident to ensure that the use of a FDO does not result in a failure to meet the requirements of a Residency Program. The scheduling of FDO’s will be as agreed by the Resident and the Program Director.
