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Yukon Teachers Labour Relations Board Annual report 2011-2012

YUKON TEACHERS
LABOUR RELATIONS BOARD


COMPOSITION OF THE BOARD

Chairperson: Casper M. Bloom, Q.C., Ad. E.

Vice-Chairpersons: Linda Gobeil (appointed APril 28, 2011)
Renaud Paquet
Michele A. Pineau (term ended December 31, 2011)

Members: Roger Beaulieu
Stephan J. Bertrand
Dan Butler (retired October 7, 2011)
Steven B. Katkin (appointed September 1, 2011)
Catharine (Kate) Rogers

EXECUTIVE OFFICERS OF THE BOARD

Executive Director: Guy Lalonde
General Counsel: Sylvie M.D. Guilbert
Director, Compensation Analysis and Research Services: Céline Laporte (Acting Director)
Director, Corporate Services: Alison Campbell
Director, Dispute Resolution Services: Gilles Grenier
Director, Financial Services: Robert Sabourin
Director, Human Resources Services: Chantal Bélanger
Director, Registry Operations and Policy: Susan J. Mailer

REPORT ON THE ADMINISTRATION
OF THE YUKON EDUCATION
LABOUR RELATIONS ACT
FOR THE FISCAL YEAR ENDING
MARCH 31, 2012

INTRODUCTION

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 those functions, the PSLRB acts as the Yukon Teachers Labour Relations Board (“the Board”).

PROCEEDINGS IN 2011-2012

In 2011-2012, there were 10 proceedings under the Yukon Education Labour Relations Act (“the Act”); 9 were referrals to adjudication of grievances related to interpretations of collective agreements and disciplinary actions, and 1 was an objection to the identification of a position considered by the employer to be managerial or confidential (exclusion proposal).

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 9 grievance adjudication cases during the review period. Three (3) were new, and 6 were carried over from the previous fiscal year. Three (3) cases were completed.

Of the 9 grievance cases, 3 are disciplinary matters involving termination. Of those cases, 2 were scheduled for hearing in 2011-2012; 1 remains to be scheduled for a hearing.

Of the 6 grievances pertaining to the interpretation of collective agreements, 1 remains to be scheduled, 1 was scheduled for hearing in 2011-2012, 3 cases were closed and 1 case was held, pending the outcome of a related file before the Yukon Court of Appeal.

Six (6) grievances will be carried forward into 2012-2013.

Mediation

When a proceeding is brought before the Board, mediation is 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 2011-2012, the PSLRB did not receive any requests for mediation.

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 2011-2012, there was 1 matter, pertaining to one position of this nature, which is on hold, pending replies from the employer.