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Yukon Teachers Labour Relations Board Annual report 2010-2011
LABOUR RELATIONS BOARD
COMPOSITION OF THE BOARD
- Casper M. Bloom, Q.C., Ad. E.
- Marie-Josée Bédard
- Ian R. Mackenzie
- Renaud Paquet
- Michele A. Pineau
- Roger Beaulieu
- Stephan J. Bertrand
- Dan Butler
- Dan R. Quigley
- Catharine (Kate) Rogers
- Part-Time Adjudicators:
- Ruth Elizabeth Bilson, Q.C.
- Joan M. Gordon
- Kenneth E. Norman
- Dan R. Quigley2
- 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
- Executive Director:
- Guy Lalonde3
- Director, Dispute Resolution Services:
- Gilles Grenier
- 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
1Section 12 of the Public Service Labour Relations Act states that the Board PSLRB may have up to three Vice-Chairpersons. During the reporting period, two Vice-Chairpersons left the Board, one of whom was replaced; therefore, four names appear in this report.
2Dan Quigley, a full-time Board member, retired during the year but was appointed as a part-time adjudicator in November 2010.
3Guy Lalonde was appointed Executive Director of the Board effective February 7, 2011.
REPORT ON THE ADMINISTRATION
OF THE YUKON EDUCATION
LABOUR RELATIONS ACT
FOR THE FISCAL YEAR ENDING
MARCH 31, 2011
Under an agreement with the Yukon government, the 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 (“the Board”).
MEMBERSHIP OF THE BOARD IN 2010-2011
In 2010-2011, several changes occurred among the members of the Board, including the departure of Vice-Chairperson Marie-Josée Bédard to fulfill an appointment with the Federal Court. Renaud Paquet, a full-time Board member since 2008, was appointed as a Vice-Chairperson, and Dan Quigley, who had served four full-time terms, retired. Mr. Quigley was appointed as a part-time adjudicator in November 2010. As well, two new full-time Board members were appointed, Catharine Rogers and Stephan Bertrand, and Steven Katkin was appointed as a part-time adjudicator.
PROCEEDINGS IN 2010-2011
In 2010-2011, there were 13 proceedings under the Yukon Education Labour Relations Act (“the Act”); 12 were referrals to adjudication of grievances related to interpretations of collective agreements and disciplinary actions, and 1 was an arbitration request.
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 12 grievance adjudication cases during the review period. Three (3) were new, and 9 were carried over from the previous fiscal year.
Of the 12 grievance cases, 3 were disciplinary matters involving termination. Of those 3, 2 were completed, and 1 remains to be scheduled for a hearing.
Of the 9 grievances pertaining to the interpretation of collective agreements, 1 remains to be scheduled, 1 is on hold pending the outcome of a related matter, 2 are scheduled for hearings in 2011-2012, and 5 were completed.
When a proceeding is brought before the Board, dispute resolution services are offered to help the parties resolve their differences without resorting to a formal hearing. As well, the parties may request the Board’s assistance in resolving a dispute before the matter is referred to adjudication. In 2010-2011, the PSLRB’s Dispute Resolution Services held one mediation intervention, which resulted in the settlement of two files.
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 2010-2011, there were no matters of this nature.
Other Types of Proceedings
Request for arbitration
Further to prior efforts between the Yukon Teachers’ Association and the Government of the Yukon to reach a collective agreement, the Board received notice in January 2010 that the Yukon Teachers’ Association wished to proceed to arbitration pursuant to subsection 30(1) of the Act. After reviewing the submissions, the Chairperson appointed an arbitrator, Ms. Beth Bilson, on February 19, 2010. A hearing took place from May 17 to 19, 2010, and a decision was issued on December 9, 2010.