Report on the Administration of the Yukon Education Labour Relations Act for the Fiscal Year Ending March 31, 2022


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COMPOSITION OF THE BOARD

Chairperson:
  • Edith Bramwell
Vice-Chairpersons:
  • Marie-Claire Perrault (Since April 30, 2021)
  • Amélie Lavictoire (since July 5, 2021)
  • David P. Olsen (until April 29, 2021)
  • Margaret T.A. Shannon (until April 20, 2021)
Members:
  • Nathalie Daigle
  • Caroline Engmann (since September 13, 2021)
  • Bryan R. Gray
  • Chantal Homier-Nehmé John G. Jaworski
  • Steven B. Katkin (until April 30, 2021)
  • James Knopp
  • Ian R. Mackenzie (since September 8, 2021)
  • David Orfald
  • Nancy Rosenberg
Adjudicators:
  • Randy Noonan
  • Leslie Reaume

INTRODUCTION

Under section 4(1) of the Education Labour Relations Act (RSY 2002, c. 62; “the Act”), the Yukon Teachers Labour Relations Board consists “… of the persons from time to time holding office as full-time members of the Public Service Labour Relations Board, established under the federal act.” The federal act is defined as the Public Service Labour Relations and Employment Board Act, which came into force on November 1, 2014, and was later renamed the Federal Public Sector Labour Relations and Employment Board Act (S.C. 2013, c. 40, s. 365). Under the federal act, the former Public Service Labour Relations Board was continued as the Federal Public Sector Labour Relations and Employment Board (“the FPSLREB”), an independent quasi-judicial statutory tribunal.

Through its mandate, the FPSLREB contributes to a productive and efficient workplace and helps achieve harmonious labour relations and a fair employment environment for federal public sector employers and employees and their bargaining agents. The FPSLREB is a recognized leader in the labour relations field that offers adjudication, mediation, and other dispute resolution services to help parties resolve their differences without resorting to a formal hearing.

Under an agreement with the Yukon government, the FPSLREB administers the collective bargaining and grievance adjudication systems for Yukon teachers. When performing those functions, the FPSLREB acts as the Yukon Teachers Labour Relations Board (“the Board”).

CASELOAD

In 2021-2022, there were 20 active cases under the Act, including 15 that were carried over from previous fiscal years. Of those 20 active cases, 11 were references to adjudication of grievances pertaining to the application or interpretation of a collective agreement or disciplinary actions, while 9 were policy grievances.

Eight (8) of the 20 cases were closed in 2021-2022, and 12 will be carried forward to 2022-2023.

Grievance adjudication

Adjudication refers to any determination made by Board-appointed adjudicators pursuant to the Act. It includes the determination of grievances that arise from the application or interpretation of collective agreements or arbitral awards or from disciplinary actions or terminations.

During the reporting period, three grievances pertaining to the application or interpretation of a collective agreement or disciplinary actions were referred to adjudication. At the end of the reporting period, 2 of those 3 individual grievances were waiting to be scheduled for a hearing and one was withdrawn.

There was a total of 9 active policy grievances before the Board during the review period. Of those, one was withdrawn, and 8 will be carried forward to 2022-2023, including two that were referred during the reporting period.

Managerial and confidential positions

A person is employed in a managerial and confidential capacity when, due to the nature of the duties they perform, they must meet the criteria established under the Act for exclusion from a bargaining unit.

The Board did not deal with any such matters in 2021-2022.

Mediation

Parties with matters before the Board may choose mediation to resolve their underlying grievance issues or their complaints that have been referred to adjudication.

Mediation is a voluntary and confidential process that provides parties with the opportunity to find their own solutions to issues in dispute. The process is facilitated by an impartial third party who has no decision-making powers, and its outcome creates no precedents.

The Board did not receive any mediation requests during the reporting period.