TERMS OF AGREEMENT AND NEGOTIATION

4.1 The Agreement shall continue in effect to June 30, 2011. Either party may notify the other in writing at any time of its desire to negotiate with a view to the renewal with or without modification of the existing Agreement.

4.2 In the event of notification being given in accordance with paragraph 4.1, the parties shall meet within twenty (20) days for the purpose of negotiating a new Agreement or renewing this Agreement.

4.3 If the parties are unable to reach an agreement, the current Agreement shall be extended without modifications until the conditions contained in the following paragraphs have been satisfied.

4.4 The process for resolving all future contract negotiations disputes shall be by binding arbitration under the Arbitration Act, S.O. 1991, as amended:

i) In the event that negotiations either pursuant to the procedures of the Post-Graduate Consultation Committee or under Article 4 do not result in agreement within the earlier of sixty (60) days after the first negotiating meeting between the parties or one hundred and twenty (120) days after the expiry day of the Collective Agreement, either party may submit all matters in dispute to arbitration and for this purpose this Agreement constitutes a submission under the Arbitration Act, S.O. 1991, as amended. Notification under this clause will take the form of a registered letter, forwarded by the party submitting matters to arbitration, advising the other party of the matters it intends to pursue at arbitration.

ii) Each party shall appoint a member to the Board, and the third member, who shall be the Chairman, shall be appointed by the two members so appointed.

iii) Where either party fails to appoint a member to the Board within thirty (30) days, the Chief Justice of Ontario may be requested in writing by the other party to appoint a member in lieu thereof, and such appointment shall be made within fifteen (15) days of the said request.

iv) Where the two members of the Board appointed by the parties fail, within fifteen (15) days of the appointment of the one last appointed, to agree upon a third member, the Chief Justice of Ontario may be requested in writing by either party to appoint a third member, and such appointment shall be made within fifteen (15) days of the said request.

v) The Board shall commence its proceedings within thirty (30) days after it is constituted and shall deliver the award within sixty (60) days after the commencement of the proceedings, and the award shall be final and binding on the parties.

vi) Any of the periods mentioned herein may be extended at any time by agreement of the parties in writing.

vii) The Board shall examine into and decide on the matters in dispute. Council of Faculties of Medicine (COFM) shall be invited by the Board to make representations with respect to any matter in dispute and, for this purpose, shall receive notice of the proceedings and of any written submissions made by the parties. The Board shall determine its own proceedings but shall give full opportunity to the parties to present their evidence and make their submissions.

viii) The Board shall have jurisdiction to determine terms and conditions of employment including salaries, benefits and working conditions, subject to the specific exclusion of hours of work including any penalties or bonuses arising from hours of work or training. The Board shall not have jurisdiction to determine matters which are primarily educational, provided that employment aspects of such matters shall be subject to arbitration where they can be dealt with separately and where to do so would not adversely affect clinical education.

ix) The decision of the majority of the members of the Board is the decision of the Board, but, if there is no majority, the decision of the Chairman is the decision of the Board.

x) Each party shall assume its own costs, including those of its appointees, and shall share the cost of the fees and expenses charged by the Chairman equally.

xi) The provisions of this Agreement shall remain in effect, unless amended by agreement of the parties, and until replaced by a new Agreement or an award.

xii) Within sixty (60) days following an award hereunder, the parties shall incorporate the terms of the award in an Agreement, failing which this Agreement, as amended by the award, shall be deemed to constitute the Agreement between the parties.

xiii) The foregoing provisions in this Article are intended to establish a mechanism for the resolution of all future differences between the parties, subject to the exclusion from arbitration as set out in (viii), for the next and all subsequent years, and the Board shall have no jurisdiction, except upon the agreement of the parties to amend, modify, alter or delete any of the said provisions and no request to amend, modify, alter or delete any of the foregoing provisions in this article shall be made to the Board by either party or by COFM.