Yukon Teachers Labour Relations Board PDF (141KB)

COMPOSITION OF THE BOARD

Chairperson:

• Edith Bramwell

Vice-Chairpersons:

• Marie-Claire Perrault
• Amélie Lavictoire

Members:

• Adrian Bieniasiewicz
• Pierre Marc Champagne
• Caroline Engmann
• Goretti Fukamusenge
• Bryan R. Gray
• Patricia Harewood
• Chantal Homier-Nehmé
• John G. Jaworski
• James Knopp
• Audrey Lizotte
• Ian Mackenzie
• David Orfald
• Nancy Rosenberg

Adjudicators:

• Ian R. Mackenzie

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.

The FPSLREB is an independent, quasi-judicial statutory tribunal that offers dispute-resolution and adjudication services in key labour relations and staffing matters of the federal public sector.

Through its mandate, the FPSLREB is committed to:

• supporting a fair staffing environment and harmonious labour relations within the federal public sector;
• helping parties resolve disputes in a fair, impartial, and efficient manner that respects the terms and conditions of employment; and
• eliminating barriers by leveraging technology for adjudication and dispute resolution services, to provide increased access to justice across Canada and better serve parties before the Board.

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”).

2023-2024 CASELOAD

Overall, from April 1, 2023, to March 31, 2024, there were 6 active grievances. All 6 of those grievances were carried forward from previous fiscal years, and no new grievances were referred in the current reporting period.

One (1) grievance was closed during the reporting period. The 5 remaining grievances will be carried forward to the next fiscal year. Of those, 4 have been assigned to a Board member. The fifth one has been processed and is awaiting assignment.

Further details on the current caseload are provided below.

CURRENT CASELOAD

Grievances

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.

The Board received no new grievances in 2023-2024. Of the 6 active grievances that have been carried over from previous fiscal years, one (1) was withdrawn.

The table below provides a breakdown of active grievances as of March 31, 2024:

	Number of cases
Interpretation or application of a collective agreement	2
Policy	3
Total	5

Of the 2 grievances relating to the interpretation or application of a collective agreement, 1 relates to allegations that the bargaining agent was not consulted by the employer on new policies and directives, and the other relates to an allegation that the employer breached the probationary-service clause of the collective agreement. Both grievances remain to be scheduled for a hearing.

Of the 3 policy grievances, 1 relates to contracting out, 1 relates to staffing, and the third one relates to individual training plans. All 3 grievances are awaiting to be scheduled for a hearing.

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 2023-2024.

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.