GRIEVANCE

8.1 It is the mutual desire of the parties hereto that complaints of residents shall be adjusted as quickly as possible including the complaint that a resident may have been disciplined or dismissed without just cause, subject to Article 9.2.

8.2 There shall be a PAIRO representative in each hospital and the Chief Executive Officer shall be advised as to the name of the designated representative from time to time by PAIRO.

8.3 Any resident or a group of residents with a grievance alleging a violation of this Agreement or a grievance with respect to the application or interpretation of this Agreement shall submit such grievance in writing to a PAIRO representative in his/her hospital.

8.4 The PAIRO representative, or such other person as is designated by PAIRO, shall present to and discuss the grievance directly with the hospital Chief Executive Officer, or his/her designate in the hospital. The nature of the grievance, the remedy sought and the section or sections of the Agreement which are alleged to have been violated shall be presented in writing at this time.

8.5 No grievance shall be presented or discussed with the hospital Chief Executive Officer, or his/her designate, which has arisen more than sixty (60) days after the circumstances giving rise to the grievance have occurred, or more than sixty (60) days after the circumstances giving rise to the grievance ought reasonably to have come to the attention of the resident filing the grievance.

8.6 Subject to Article 8.12 if no satisfactory solution is found within sixteen (16) days of the presentation of the said written grievance, then within a further thirty (30) days, or such additional period of time as is mutually agreed to by both parties in writing, the PAIRO representative may give the hospital Chief Executive Officer or his designate representative written notice of intent to take the matter to arbitration.

8.7 Subject to Article 8.12, any policy grievance, which shall be defined as a complaint by either of the parties shall be submitted in writing by either party to the other and if no satisfactory solution is found within twenty-one (21) days thereafter, then within a further thirty (30) days, or such additional period of time as is mutually agreed to by both parties in writing, either party may give written notice to the other of the intent to take the matter to arbitration. In addition, PAIRO is not precluded from pursuing a grievance under Article 8.7 which could otherwise be the subject matter of a grievance brought by a resident or group of residents under articles 8.3 and 8.4, provided that such grievance is presented or discussed with the hospital Chief Executive Officer or his/her designate, within sixty (60) days after the circumstances giving rise to the grievance have occurred, or ought reasonably have come to the attention of PAIRO. With respect to the enforcement of Article 16 by PAIRO, the sixty (60) day period does not commence until PAIRO is provided with copies of the duty or call schedules or is otherwise informed of the alleged Article 16 violation.

8.8 The parties, either those referred to in 8.4 or 8.7 may agree to a single arbitrator or to a three (3) person Board of Arbitration. Parties must agree within five (5) working days from receipt of referral to arbitration as to whether the matter is to be heard by a single arbitrator. Failure to so agree will be taken as the parties' agreement that the matter be heard by a three (3) person Board of Arbitration.

8.9 Despite Article 8.8, the parties agree that where a grievance concerns discipline up to but not including discharge, or an alleged violation of Articles 6, 10, 11, 12, 13, 14, 15, 16 (including attachments 2, and 3), 17, 18, 20, 21, 22, 23, or 24 the matter shall be determined by a sole arbitrator from the roster of arbitrators selected in accordance with Article 8.10, unless the parties agree to proceed with a three person board of arbitration. The sole arbitrator shall proceed by way of mediation-arbitration at the request of either party. Subject to Article 8.13, once appointed, the sole arbitrator shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to impose a settlement and to limit evidence and submissions, in addition to the other powers of an arbitrator under Article 8.

8.10

(a) Where a three (3) person Board of Arbitration is agreed upon, or where the parties have been deemed to have agreed upon a three (3) person Board of Arbitration, each party shall appoint its nominee to the Board within twenty (20) days after the matter has been referred to arbitration. The chair of the board of arbitration shall be selected consecutively from a roster of arbitrators mutually agreed by the parties. The parties agree that William Kaplan shall continue as a member of the roster of arbitrators. If the parties cannot agree on two additional names for the roster Mr. Owen Shime may be asked to select or add persons to the roster, unless the parties agree to use William Kaplan only. If Mr. Shime is unable or unwilling to act, the parties agree to request that he select a successor, and if he is unable or unwilling to do so, either party may request the Chief Justice of Ontario to select a successor. Where the parties agree on a single arbitrator pursuant to 8.8, there shall be no nominees of the parties. Where the parties do not agree on a single arbitrator, each party shall appoint its nominee to the Board within twenty (20) days after the matter has been referred to arbitration. In the event of default of either party in naming its representative to the board of arbitration, the other party may apply to the Minister of Labour for the Province of Ontario who shall have the power to effect such an appointment.

(b) An arbitration under this Article is a referral to arbitration under the Arbitration Act, 1991. An arbitrator also has the power to interpret and apply human rights and other employment-related statutes (despite any conflict between those requirements and the terms of the Collective Agreement) and to grant such interim orders or relief as the arbitrator considers appropriate.

8.11 All times may be extended by mutual agreement in writing.

8.12 All time limits contained herein are directory provided that the arbitrator or Board of Arbitration finds that: a) There are reasonable grounds for the extension. b) The opposite party will not be substantially prejudiced by the extension. The arbitrator or Board of Arbitration shall determine the real issue in dispute between the parties according to merits and shall make whatever disposition it deems just and equitable.

8.13 The arbitrator shall have no jurisdiction to amend or add to any of the provisions in this Agreement, or to substitute any new provision in lieu thereof, or to give any decision inconsistent with the terms and conditions of this Agreement.

8.14 Each of the parties hereto will jointly and equally bear the expenses and fees of the arbitrator.

8.15 The decision of the arbitrator shall be final and binding upon the parties, and upon any hospital or employee affected by it. In the case of a three (3) person Board of Arbitration, the decision of the majority shall be binding, and if there is no majority, the decision of the Chairman shall be binding.

8.16 During any stage of this Grievance and Arbitration Procedure, the parties may refer a grievance to the Medical Post-Graduate Consultation Committee for consultation and discussion; however, such a reference will not prejudice the rights of any party in the event that a satisfactory solution is not found. The parties will pre-notify the Medical Post-Graduate Consultation Committee of any grievance which is being referred to arbitration.