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Annual report of the Yukon Public Service Labour Relations Board - 2007-2008

YUKON PUBLIC SERVICE
LABOUR RELATIONS BOARD

Yukon crest

ANNUAL REPORT
2007-2008


COMPOSITION OF THE BOARD

PRINCIPAL STAFF OFFICERS OF THE BOARD


REPORT ON THE ADMINISTRATION
OF THE YUKON PUBLIC SERVICE
LABOUR RELATIONS ACT

FOR THE FISCAL YEAR ENDING
MARCH 31, 2008

INTRODUCTION

Under an agreement with the Yukon government, the federal Public Service Labour Relations Board administers the collective bargaining and grievance adjudication systems for the Yukon public service. When performing these functions, that Board acts as the Yukon Public Service Labour Relations Board.

MEMBERSHIP OF THE BOARD IN 2007–2008

In 2007-2008, a number of new appointments were made to the Board. Marie-Josée Bédard was appointed as a Vice-Chair, joining Ian R. Mackenzie and Michele A. Pineau, who continued in their appointments as Vice-Chairs. John Mooney, Roger Beaulieu and Renaud Paquet were appointed as new full-time Board members, joining Dan R. Quigley and Dan Butler who continued in their appointments. Georges Nadeau retired from the Board as a Vice-Chair, Barry Done retired as a full-time Board member and Léo-Paul Guindon completed his term as a full-time Board member.

PROCEEDINGS IN 2007–2008

In 2007–2008, there were 41 proceedings under the Yukon Public Service Labour Relations Act (the Act): 38 were referrals to adjudication of grievances related to interpretations of collective agreements and disciplinary actions; 2 were notices of identification pertaining to positions considered by the employer to be managerial or confidential (exclusion proposals); and 1 application pertained to the designation of employees essential for the safety or security of the public.

There were no applications were made for the determination of membership in bargaining units.

Grievance adjudication

Adjudication refers to any determination made by adjudicators appointed by the Board pursuant to the Act. It includes the determination of grievances arising from the application or interpretation of collective agreements or arbitral awards, or from major disciplinary action or termination.

The Board dealt with 38 grievance cases during the period under review. Fifteen (15) were new and 23 were carried over from the previous fiscal year. Four (4) cases were closed in 2007–2008.

Of the 38 grievance cases, 21 dealt with interpretations of collective agreements. Of those 21, 16 cases are to be scheduled for hearing in 2008–2009, 4 cases are being held pending mediation and 1 case is being held pending the outcome of a related Yukon Human Rights Commission complaint.

Seventeen (17) cases dealt with disciplinary matters, 5 of which involved terminations. Of these 5 cases, 1 was settled by the parties prior to a hearing and 4 are to be scheduled to be heard in 2008–2009. 

Of the 12 remaining cases dealing with other types of disciplinary matters, 10 are to be scheduled to be heard in 2008–2009, and 2 were settled by the parties prior to a hearing.

Managerial and confidential positions

A person employed in a managerial or confidential position is one who, due to the nature of the duties being performed, meets the criteria established by the Act for exclusion from a bargaining unit.

In 2007–2008, 2 cases, pertaining to 2 positions that had been previously identified by the employer as being a managerial or confidential position were carried over from previous years. One (1) case is to be scheduled to be heard in 2008–2009 and 1 was withdrawn.

Safety or security designations / Statement of essential services

Section 42 of the Act requires the employer to furnish a statement of the employees in a bargaining unit whose duties are necessary to the safety or security of the public. In 2006–2007, the Yukon Public Service Commission filed 1 application, which was withdrawn upon settlement in 2007–2008.

Determination of membership in bargaining units

No such applications were received in 2007–2008.