Yukon Public Service Labour Relations Board PDF (228KB)

COMPOSITION OF THE BOARD

Chairperson:

• Edith Bramwell

Vice-Chairpersons:

• Marie-Claire Perrault (retired in September 2024)
• 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 (retired January 2025)
• Audrey Lizotte
• David Orfald
• Nancy Rosenberg

Adjudicators:

• Fazal Bhimji (until December 7, 2025)
• David Jewitt (until December 7, 2025)
• Dan Quigley (until August 25, 2025)
• David Orfald (until May 14, 2026)

INTRODUCTION

Under section 6(1) of the Yukon Public Service Labour Relations Act (RSY 2002, c 185; “the Act”), the Yukon Public Service 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”).

Recent developments

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.

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

In 2024, concerns were raised about the Administrative Tribunal Support Service of Canada’s (ATSSC) participation in this agreement. This could impact the Board’s activities. The Board will continue to update the stakeholders on developments as any new information is received.

Highlights of 2024-2025

Although the current intake of files this year overtook the total closed, it was a significant year in adjudication. Of the scheduled hearings, 60% proceeded, thanks largely to the engagement of Board members with their respective parties. This contributed directly to closures. In addition, 8 cases entered mediation, which moved nearly 20% of all files before the Board closer to resolution through mediation alone.

On another note, two Client Consultation Committee (CCC) meetings were held, one in January 2025, and one in March 2025. Those meetings provide an important means of collaborating with our stakeholders and help the Board develop its case-management initiatives, policies, and processes.

2024-2025 CASELOAD

Opened and closed cases

Overall, from April 1, 2024, to March 31, 2025, 65 new files were opened, and 45 files were closed. Sixty-three (63) files will be carried into the new fiscal year.¹

CURRENT CASELOAD

Grievances

Adjudication refers to any determination made by Board-appointed adjudicators under the Act. It includes determining grievances arising from the applications or interpretations of collective agreements or arbitral awards or from disciplinary actions or terminations.

As of the end of fiscal year 2024-2025, 6 grievances were referred under the Act. Four (4) were individual grievances, and 2 were policy grievances.

Individual grievances

As of the end of fiscal year 2024-2025, 4 new individual grievances were received, and 4 were closed. All 4 new ones were related to collective agreement issues, namely, hours of work and overtime, health and safety, the no-discrimination clause (of the collective agreement), the duty to accommodate, discipline related to suspension without pay, and termination of employment.

Of the grievances that were closed, 1 involved collective agreement issues, and 3 involved discipline. All 4 were withdrawn, including 2 as a result of settlements.

A total of 33 individual grievances are being carried into the new fiscal year. Of them, 23 relate to collective agreement issues, and 10 involve disciplinary matters.

Policy grievances

As of the end of fiscal year 2024-2025, 5 policy grievances² remained. Their topics were:

• equitable total compensation for a misclassification;
• the employer’s use of “special actings” without union approval;
• retention bonuses not being paid to staff members on leave without pay;
• a failure to provide COVID-19 pandemic leave with pay for adversely impacted groups in the workforce; and
• the probation requirements for employees that resulted from appointments related to permanent accommodations due to a protected ground.

In the course of the year, 2 policy grievances were received, and 4 were closed. Of the new policy grievances, one involved equitable compensation as defined under the collective agreement and classification, while the other involved allegations that union business was being conducted in the workplace without prior notice to the employer.

Status of grievances (as of March 31, 2025)

The status of the 38 grievances under the Act that remained active at the year’s end is as follows: 28 to be scheduled, 5 scheduled for a hearing, 3 settled and awaiting withdrawal, 1 in mediation, and 1 open.

Complaints

As of the end of fiscal year 2024-2025, there were 5 complaints under the Act.

The duty of fair representation was the subject of 4 of the complaints, while the last was about a notification on retirement for employees. Three (3) are to be scheduled for a hearing, 1 is awaiting mediation, and 1 is awaiting a decision.

Applications

Fifty-five (55) new applications were received in 2024-2025 and were all about objections to identification. No revocation applications were filed. A total of 38 applications were closed in the fiscal year. Twenty-five (25) remained at year end, 12 of which are slated for closure upon the issuance of an order. The remaining 13 are proceeding through their respective processes.

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 a solution to the 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 Mediation and Dispute Resolution Services received 8 filles in 2024-2025. Of that number, mediation was refused by one or both parties, and 3 were the object of a mediation. Two (2) of the 3 files scheduled for mediation resulted in settlements, while the third file proceeded to adjudication.

Collective bargaining

There is no collective bargaining activity to report on for 2024-2025.

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Footnotes

• ¹ In previous reporting years, data was presented by case, each comprising multiple files. Beginning with the 2024–2025 reporting period, we are reporting at the file level to enhance accuracy. As a result, overall figures appear higher than in past reports.
• ² Of note, one policy grievance omitted from the 2023–2024 annual report has since been included.