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Annual report of the Yukon Public Service Labour Relations Board – 2009-2010

YUKON PUBLIC SERVICE
LABOUR RELATIONS BOARD

Coat of Arms of the Yukon Territories

ANNUAL REPORT
2009-2010


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, 2010

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 2009–2010

Casper M. Bloom, Q.C., Ad. E., has been Chairperson of the PSLRB since 2007 and was reappointed for an additional three-year term that began on January 2, 2010. No new full-time Board members were appointed during the year. However, Mr. John A. Mooney left the PSLRB in September, and Mr. Michel Paquette retired in December 2009. As well, Mr. John Hall’s term as a part-time adjudicator was not renewed.

PROCEEDINGS IN 2009–2010

In 2009-2010, there were 34 proceedings under the Yukon Public Service Labour Relations Act (“the Act”): 33 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 actions or terminations.

The Board dealt with 33 grievance adjudication cases during the period under review. Two (2) were new, and 31 were carried over from the previous fiscal year. Nine (9) cases were closed in 2009 2010.

Of the 33 grievance cases, 23 dealt with interpretations of collective agreements. Of those 23 cases, 17 were scheduled for hearing in 2009-2010. Two (2) cases were settled pending confirmation, 1 case was on hold by the parties and 3 cases were completed.

Ten (10) cases dealt with disciplinary matters, 3 of which involved terminations. Of those 3 cases, 2 were on hold, and 1 was completed.

Of the 7 remaining cases dealing with other types of disciplinary matters, 2 were scheduled for hearing in 2009-2010, and 5 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 2009-2010, 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 was heard in 2009-2010 and is awaiting a decision.

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 2009-2010, the Yukon Public Service Commission filed no such applications.

Determination of membership in bargaining units

No such applications were received in 2009-2010.