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Strategy to intimidate is a failure, Victoria's hospital doctors say

A move by Island Health to post the jobs of Victoria’s hospital doctors — currently in contract negotiations with the health authority — is a failed hardball tactic, says the doctors’ lawyer. “It’s an intimidation tactic that has failed.
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Island Health has been in negotiations with Victoria Hospitalist Physicians Inc., which represents about 60 hospital-based doctors, or hospitalists, for two months. But as an Island Health-mandated deadline of July 1 approaches, no deal is in sight.

A move by Island Health to post the jobs of Victoria’s hospital doctors — currently in contract negotiations with the health authority — is a failed hardball tactic, says the doctors’ lawyer.

“It’s an intimidation tactic that has failed. It’s not a contingency plan,” said lawyer Murray Tevlin.

The health authority has been in negotiations with Victoria Hospitalist Physicians Inc., which represents about 60 hospital-based doctors, or hospitalists, for two months. But as the contract is due to expire June 30, there is no desire on behalf of Island Health to extend the contract for the purpose of negotiations,  and no deal by July 1 is in sight.

Dr. Tom Dorran, executive medical director overseeing patient care for Island Health, said the talks are going well, though he is not directly involved in the negotiations.

The job posting — for hospitalists or a group of hospitalists to work at Victoria General and Royal Jubilee hospitals, starting immediately — is just a backup plan, Dorran said.

“Part of me is hoping that we can sign on with the group we have had before. They’re a known entity, it’s a group, it’s easier to administer,” he said.

“At the same time, it would be silly to put all my eggs in one basket. I have to remain flexible and consider contingency plans just in case something goes off the rails.”

Dorran is hopeful a contract between the health authority and the physicians will be negotiated in July.

But the doctors’ group is frustrated. Tevlin said he is considering going to the chief justice of B.C. to ask that the health authority be forced to co-operate and pay its half for mediation.

“It’s come to that,” Tevlin said.

Tevlin said the negotiations with Island Health aren’t about money and have more to do with workload, which could require hiring more hospitalists — family physicians, some with additional expertise, who care for some of the sickest patients in acute-care hospitals. The hospitalist liaises with several groups, including specialists, families, mental-health workers and other medical and care institutions.

There are term and renewal clauses that would allow the contract to continue for six months while the parties negotiate, but Island Health says it wants a completely new contract to focus on “collaborative care teams” to ensure more real-time collaboration with specialists and other disciplines.

Island Health also wants more hospitalists available to work at night, more timely care of patients in the emergency room and more timely transfers between different hospital sites.

The hospitalist group also wants this, but differs on how it should be achieved.

Tevlin said he has negotiated many contracts for the doctors and Island Health and there has always been an opportunity to extend the contract and renegotiate beyond its expiry date.

This time Island Health said it wants a completely new contract in place for July 1. The hospitalists are invoking a dispute resolution clause that they are sending to mediation. Island Health won't help pay for that mediation, Tevlin said.

In the meantime, it's not clear what Tuesday’s deadline means.

Dorran said it will be business as usual at the hospitals.

“July 1 the doors are open. The emergency is seeing patients and the hospitalists are offering the same great care they always have,” he said.

“On July 1, I’m not encouraging you to come to hospital, but if fate happens and you have to come to hospital, you will get the same great care you would June 30.”

For their part, the doctors have said they will satisfy the rules of the College of Physicians and Surgeons and their own moral obligations and show up to work on Tuesday.

But how long the independent contractors will put up with a state of uncertainty is unknown, Tevlin said, adding that the doctors will not withdraw services or impose job action.

“It’s a very stressful thing. We may lose some of our very excellent doctors over this,” Tevlin said.

“There’s a real possibility of real problems in the South Island all being brought on by this administration.”

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