PARIM is the Professional Association of Residents and Interns of Manitoba

6.01 For the purpose of this Collective Agreement, a “grievance” is defined as a dispute or controversy concerning the interpretation, application, meaning, or any alleged violation of this Collective Agreement.

6.02 The word “days” as used in this Article do not include Saturdays, Sundays and General Holidays.

6.03 Grievances shall be processed in the following manner and sequence:

• STEP 1
  The Resident, within ten (10) days of when the Resident first ought to have been aware of the circumstances giving rise to the grievance, shall present the grievance in writing to the appropriate Program Director or Department Head.  Upon receipt of the grievance that Program Director or Department Head, as the case may be, shall investigate the grievance and give his decision in writing to the Resident within ten (10) days of receipt of the grievance.
• STEP 2
  Failing satisfactory settlement at Step 1, the Association, on behalf of the Resident, shall submit the written grievance to the designated official of the Employer involved within fifteen (15) days of the date on which the Program Director or Department Head issued or is required to issue his answer in writing.  The Employer shall advise the Association within ten (10) days of the date of signing this Collective Agreement of the name of its designated official.  The Association shall be notified in writing of any subsequent changes.  The grievance shall be investigated by the designated official of the Employer and in this regard a meeting shall be held by such designated official within ten (10) days of his receipt of the grievance, at which time the grievor and representatives of the Association shall be in attendance.  The designated official shall thereafter issue his decision in writing to the Resident and to the Association within five (5) days of the date following the grievance meeting.

6.04 Rights Arbitration
Failing satisfactory settlement of a grievance pursuant to the procedure outlined above, then either party may submit the matter to rights arbitration within ten (10) days after exhausting the grievance procedure.  A request for arbitration shall be made in writing by either party, addressed to the other party to this Collective Agreement within the time limit stipulated above and shall contain the name of the first party’s appointee to an arbitration board. Within ten (10) days thereafter, the other party shall advise the party giving notice of the name of its appointee to the arbitration board.  The two appointees so selected shall, within ten (10) days of the appointment of the second of them, appoint a third person who shall be chairperson.  If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a chairperson within the time limit, the appointment shall be made by the Chief Justice of the Court of Queen’s Bench, upon the request by either party to this Collective Agreement.  The arbitration board shall hear and determine the difference or allegation and shall issue a decision and the decision shall be final and binding upon the parties and upon any Resident affected by it.  The decision of the majority of the members of the arbitration board shall be the decision of the board and if there is not a majority decision, the decision of the chairperson shall be the decision of the board.

6.05  The board of arbitration or the single arbitrator, as the case may be, shall not have jurisdiction to alter, enlarge, modify or amend the provisions of this Collective Agreement, nor to make any decision inconsistent therewith.

6.06 The Association shall have the right to present a policy grievance on its own behalf or on behalf of a group of Residents.  In particular, it is recognized that the Association has the right to grieve, on its own behalf or on behalf of any Resident, any alleged violation of Article 14 (Duty Hours).  Such grievance shall be presented initially at Step 2 within (15) days of when the Association ought to have been aware of the circumstances giving rise to the grievance, and thereafter, such grievance must be processed through the grievance and/or arbitration procedure as outlined in this Article.

6.07 Each party shall pay the fees and expenses of its own nominee to the board, and both parties shall share equally the fees and expenses of the chairperson.

6.08 Time Limits
The time limits as stated herein may be extended by mutual agreement, in writing, between the parties.

6.09 Where the parties agree in writing, a single arbitrator, mutually agreed to in writing, may be appointed and the single arbitrator shall constitute the arbitration board.  The parties shall jointly bear the expense of the single arbitrator.