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Annual report of the Yukon Public Service Labour Relations Board – 2009-2010
YUKON PUBLIC SERVICE
LABOUR RELATIONS BOARD
COMPOSITION OF THE BOARD
- Casper M. Bloom, Q.C., Ad. E.
- Marie-Josée Bédard
- Ian R. Mackenzie
- Michele A. Pineau
- Roger Beaulieu
- Dan Butler
- John A. Mooney
- Renaud Paquet
- Michel Paquette
- Dan R. Quigley
- Part-Time Adjudicators:
- Ruth Elizabeth Bilson, Q.C.
- Joan M. Gordon
- Kenneth E. Norman
- Francine Chad Smith, Q.C.
- John J. Steeves
- Colin Taylor, Q.C.
PRINCIPAL STAFF OFFICERS OF THE BOARD
- Executive Director of the Board and General Counsel:
- Pierre Hamel
- Director, Dispute Resolution Services:
- Guy Baron
- Director, Compensation Analysis and Research Services:
- Guy Lalonde
- Director, Registry Operations and Policy:
- Susan Mailer
- Director, Corporate Services:
- Alison Campbell
- Director, Financial Services:
- Robert Sabourin
REPORT ON THE ADMINISTRATION
OF THE YUKON PUBLIC SERVICE
LABOUR RELATIONS ACT
FOR THE FISCAL YEAR ENDING
MARCH 31, 2010
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.
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.