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Annual report of the Yukon Public Service Labour Relations Board – 2008-2009

YUKON PUBLIC SERVICE
LABOUR RELATIONS BOARD

Coat of Arms of the Yukon Territories

ANNUAL REPORT
2008-2009


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, 2009

INTRODUCTION

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

MEMBERSHIP OF THE BOARD IN 2008–2009

Casper M. Bloom, Q.C., Ad. E., presides over the Board as Chairperson. In 2008-2009, Michel Paquette was the only new, full-time Board member to be appointed to the Board. Georges Nadeau, who retired from the Board in 2007-2008 as a Vice-Chairperson, became a part-time Board member.

PROCEEDINGS IN 2008–2009

In 2008-2009, there were 41 proceedings under the Yukon Public Service Labour Relations Act (the Act): 40 were referrals to adjudication of grievances related to interpretations of collective agreements and disciplinary actions, and 1 was a notice of identification pertaining to positions considered by the employer to be managerial or confidential (exclusion proposals).

There were no applications pertaining to the designation of employees essential for the safety or security of the public, and no applications 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 40 grievance adjudication cases during the period under review. Five (5) were new, and 35 were carried over from the previous fiscal year. Nine (9) cases were closed in 2008-2009.

Of the 40 grievance cases, 24 dealt with interpretations of collective agreements. Of those 24 cases, 14 are to be scheduled for hearing in 2009-2010. Two (2) cases were settled pending confirmation, 1 case is on hold by the parties, 1 case is awaiting decision, and 2 cases were completed. The 4 pending mediations carried over from 2007-2008 did not result in settlements and were referred back to adjudication.

Sixteen (16) cases dealt with disciplinary matters, 4 of which involved terminations. Of these 4 cases, 1 is scheduled to be heard in 2009-2010, 1 case is awaiting decision, and 2 cases were completed.

Of the 12 remaining cases dealing with other types of disciplinary matters, 7 are to be scheduled for hearing in 2009-2010, 2 were settled by the parties prior to a hearing, and 3 cases were completed.

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 2008-2009, 1 case pertaining to 1 position that had been previously identified by the employer as being a managerial or confidential position was carried over from previous years. That case is scheduled to be heard in 2009-2010.

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 for the safety or security of the public. In 2008–2009, the Yukon Public Service Commission filed no applications.

Determination of membership in bargaining units

No such applications were received in 2008-2009.