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Yukon Teachers Labour Relations Board Annual report 2009-2010

YUKON TEACHERS
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 EDUCATION
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 Yukon teachers. When performing these functions, the PSLRB acts as the Yukon Teachers 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 part-time adjudicator term was not renewed.

PROCEEDINGS IN 2009-2010

In 2009-2010, there were 8 proceedings under the Yukon Education Labour Relations Act ("the Act"): 4 were referrals to adjudication of grievances related to interpretations of collective agreements and disciplinary actions, 1 was a notice of identification pertaining to positions considered by the employer to be managerial or confidential, 1 was a request for arbitration, 1 was a request for mediation and 1 was a declaration of a deadlock in negotiations.

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 4 grievance adjudication cases during the period under review. Two (2) were new, and 2 were carried over from the previous fiscal year.

Of the 4 grievance cases, 2 were disciplinary matters involving termination. Those 2 cases are scheduled to be heard in 2010-2011.

Of the 2 grievances pertaining to the interpretation of collective agreements 1 is on hold pending collective bargaining, and 1 is to be scheduled in 2010-2011.

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 filed. This case was subsequently withdrawn.

Other Types of Proceedings

Collective Bargaining

In September 2009, the Board received correspondence from both the Government of the Yukon and the Yukon Teachers’ Association. Pursuant to section 29(1) of the Yukon Education Labour Relations Act, the employer sought the declaration that a deadlock existed. The bargaining agent requested the appointment of a mediator to assist the parties in their negotiations. After reviewing submissions, the Chairperson decided to appoint a mediator. The mediation did not result in a resolution of all outstanding issues and as a result, the Chairperson proceeded to declare that a dispute existed in the matter under section 29 of the Act. The bargaining agent selected arbitration as the dispute resolution method. Ms. Beth Bilson was appointed as arbitrator and a board hearing was set for May 17 to 19, 2010.