Internationally Funded Residents
Dear Pool C Residents,
Re: Update on Call Stipends for Pool C residents
As most of you know, January 1, 2008 is the deadline set by the Board of Arbitration for Pool C (foreign-sponsored) residents to be paid the call stipend. The Board of Arbitration ordered that, if Pool C residents were not receiving the call stipend, full salary and required benefits, by January 1, 2008, they could no longer be employed in teaching hospitals. The Board of Arbitration also ordered that the call stipend must be paid from July 1, 2007 forward.
We are pleased to report that we have been advised by the Council of Academic Hospitals of Ontario (CAHO) that most Pool C funding sponsors have agreed to start paying the call stipends as well as the salaries outlined in the PAIRO-CAHO Agreement. Other sponsors have indicated their willingness to pay, but have requested additional time in order to work through the administrative details.
As a result, it appears that hospitals will be in compliance with the terms of the Arbitration Award. For those sponsors who are still working out details of their compliance, PAIRO and the hospitals have agreed to a six month extension to July 1, 2008 for implementation of the terms of the Arbitration Award, retroactive to July 1, 2007.
However, if by July 1, 2008, a funding sponsor is not in compliance with the requirement to pay salaries and call stipends as required under the Collective Agreement, then under the terms of the Award, hospitals will no longer be permitted to employ Pool C residents funded by that sponsor, effective July 1, 2008.
We remind all Pool C Residents that they must claim their call stipends using the process(es) in place at their hospital/university. All such processes must follow the PAIRO:CAHO Collective Agreement and memorandums of understanding which are posted on the PAIRO web page at www.pairo.org.
A reminder: the foreign sponsors are permitted to pay a salary to their residents which is equal to the PGY-level salary and maximum amount of in-hospital call stipend.
Please contact PAIRO if you are not receiving call stipends or the appropriate salary, and/or have any questions or concerns. As well, we continue to work to ensure that Pool C residents receive health insurance benefits as required under the Collective Agreement and arbitration award.
Sincerely,
Alim Pardhan
Chair, Workload and Contract Compliance
Dear Pool C (foreign sponsored) resident,
As you are aware, last Fall, PAIRO initiated a grievance on your behalf regarding the non-payment of call stipends to Pool C Residents in Ontario.
This month, the grievance went to mediation, and then to arbitration. Earlier this week, the arbitrator issued his Award, which is binding on the hospitals. We were successful in persuading the arbitrator that the failure to pay call stipends to Pool C residents is a breach of the requirements of the Collective Agreement.
However, the arbitrator did not limit his ruling to call stipends. In his Award, the arbitrator agreed with PAIRO that, as outlined in the PAIRO-CAHO Collective Agreement, Pool C residents are entitled to receive not only the call stipends, but also the same salaries and other remuneration, as other residents in Ontario.
In terms of remedy, the arbitrator ruled that, since under the agreements between the sponsoring countries and the universities, the sponsoring countries are fully responsible for the payment of salaries and call stipends, it follows that, as a condition of hospitals accepting and employing Pool C residents, the sponsoring countries must pay salaries, the call stipends, and other remuneration required under the Collective Agreement, to the Pool C residents, and must provide proof satisfactory to both the hospitals and PAIRO that this requirement is being honoured. In this regard, the arbitrator believed it to be more appropriate to make the foreign sponsors directly responsible for making payments, rather than imposing this obligation on the hospitals, given the overall relationship between Pool C residents, their foreign sponsors, the universities and the hospitals.
Specifically, the details of the arbitrator's order is as follows:
- Pool C residents must be paid by the funding sponsor no less than the salary amounts, for their appropriate post graduate year (PGY) level.
- Pool C residents must be paid, by the funding sponsor, the call stipend amount, when they perform in hospital or home call or qualifying shifts. The sponsors may choose to pay an amount for the call stipend equal to the maximum amount of in hospital call possible allowed in the agreement, on a quarterly basis.
- Funding sponsors must also remit the premiums necessary to obtain coverage for insured benefits for Pool C residents. As per the Agreement, if the funding sponsor already provides truly COMPARABLE benefits to those negotiated in the PAIRO-CAHO Agreement then those shall suffice.
- Where applicable, funding sponsors must ensure that Pool C residents receive the Chief and Senior Resident administrative bonus.
- Dues must be remitted to PAIRO on both the salaries and call stipends paid
- Pool C residents who have not been paid call stipends from July 1, 2006 to June 30, 2007 must make a claim for the difference between the salary they have received, and the salary required by the Collective Agreement, on or before September 1, 2007. This amount must be paid to the resident no later than December 1st, 2007. (The arbitrator's Award specified that, for Aramco Residents for the period July 1, 2006 to June 30, 2007, this does not apply, but only if these residents actually received the "Physician Work in Training Allowance".
- As of January 1st, 2008 - The hospital may not employ any Pool C Resident whose sponsor has not fulfilled the above items, including payment of salary and call stipends under the collective agreement.
- As of January 1st, 2008 - The hospital may not employ any Pool C Residents without proof satisfactory to PAIRO and CAHO that the requirements of the Collective Agreement are being met, in terms of salary, call stipends and other remuneration payable and owing to Pool C residents.
PAIRO will work with CAHO and the Universities to ensure that the award is being followed, that all the foreign sponsors are aware of the award, and that the call stipends are paid out within the deadlines outlined above. However, you must continue to record and submit your call stipends on a regular basis as required by the existing rules in the hospital or centre where you work. As with all other residents, we expect that Pool C residents will only be entitled to call stipends claimed in accordance with the hospitals communicated rules.
As well, we need you to advise PAIRO as soon as possible if you believe the salary, benefits and other payments you are receiving are less than the amounts required under the Collective Agreement.
We ask that you be patient over the next few weeks as the details regarding this arbitration award are worked out. In the meantime, you can download a copy of the PAIRO - CAHO Pool C Arbitration Award here. If you have any questions please email - poolcstipends@pairo.org
Sincerely,
Kevin Ramchandar, PAIRO President
Natasha Sukhai and Alim Pardhan, Co-Chairs, PAIRO Workload and Contract Compliance Committee