Yukon Teachers Labour Relations Board PDF (187KB)

COMPOSITION OF THE BOARD

Chairperson:

• Edith Bramwell

Vice-Chairpersons:

• Marie-Claire Perrault (retired 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
• Audrey Lizotte
• David Orfald
• Nancy Rosenberg

Adjudicators:

• Fazal Bhimji (until December 7, 2025)
• David Orfald (until May 2026)

INTRODUCTION

Under section 4(1) of the Yukon 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”).

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 teachers. When performing those functions, the FPSLREB acts as the Yukon Teachers Labour Relations Board (“the Board”).

In 2024, concerns were raised about the Administrative Tribunals 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.

2024-2025 CASELOAD

From April 1, 2024, to March 31, 2025, the Board had 13 active files. Six (6) new files were received in the fiscal year, 3 of which were grievances, 2 were complaints, and 1 was a certification file. Four (4) files were closed in that same period (including 3 filed in the same fiscal year) and included 1 grievance, 2 policy grievances, and 1 file related to an essential services designation matter.

Eight (8) grievances will be carried forward into 2025-2026 and will be detailed further later in this report.

CURRENT CASELOAD

Grievances

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

The Board received 3 new grievance files this year, which added to the inventory. At year end, 5 grievance files remained, including 2 collective agreement files, 2 termination files, and 1 policy grievance file. One (1) collective agreement grievance and 2 policy grievances were closed in the same fiscal year.

This table provides a breakdown of the active grievances as of March 31, 2025:

	Number of files
Grievance about the interpretation or application of a collective agreement	2
Disciplinary grievance (termination)	2
Policy grievance	1
Total	5

Of the 2 grievances involving the interpretation or application of a collective agreement, 1 related to the employer’s duty to accommodate, and the other related to an employee’s probation period. Both files are to be scheduled for a hearing.

Of the 2 disciplinary grievances, both pertained to terminations of employment. One (1) is scheduled for a hearing, and the other is to be scheduled for a hearing.

The single policy grievance in inventory relates to a staffing practice that the employer made related to contracting positions.

Complaints

Of the 2 complaints filed under the Act, 1 involved the duty of fair representation, and the other was about related issues in the previously mentioned complaint. Both complaints are proceeding together through the initial stages of the process.

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 2024-2025, as was the case 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 the parties with the opportunity to find a solution 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.

Collective bargaining

A conciliation board was established to help with negotiating the collective agreement between the Government of Yukon and the Yukon Association of Education Professionals (YAEP). The conciliation board met with and heard submissions from the parties in early December 2024 and issued its report on December 16, 2024. In early 2025, the parties agreed to a renewed collective agreement.