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Yukon Teachers Labour Relations Board
Annual report 2012-2013

YUKON TEACHERS
LABOUR RELATIONS BOARD


COMPOSITION OF THE BOARD

Chairperson: Casper M. Bloom, Q.C., Ad. E.
(term ended January 2, 2013)
David Paul Olsen, Acting Chairperson
(January 2, 2013 to March 31, 2013)

Vice-Chairpersons: Linda Gobeil
David Paul Olsen (appointed August 27, 2012)
Renaud Paquet

Members: Stephan J. Bertrand
John Jaworski
Steven B. Katkin
Michael McNamara
Catharine (Kate) Rogers
Margaret Shannon

EXECUTIVE OFFICERS OF THE BOARD

Executive Director: Guy Lalonde
General Counsel: Sylvie M.D. Guilbert
Director, Compensation Analysis and Research Services: Suzanne Payette
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, 2013

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 2012-2013, there were 9 proceedings under the Yukon Education Labour Relations Act ("the Act"); 6 were references to adjudication of grievances related to interpretations of collective agreements and disciplinary actions; 1 was an adjudication without a grievance; and 2 were objections 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 6 grievance adjudication cases during the review period. One (1) was new, and 5 were carried over from the previous fiscal year. One (1) of those cases was closed, and 5 will be carried forward into 2013-2014.

Of the 6 grievance cases, 4 were disciplinary matters involving termination or suspension, and 2 involved the interpretation of collective agreements. Of those 4 discipline cases, 1 was scheduled for a hearing in 2012-2013, 1 remains to be scheduled, and 2 are awaiting decision.

Of the 2 grievances pertaining to the interpretation of collective agreements, 1 remains to be scheduled for a hearing and 1 was closed.

The Board also dealt with 1 reference to adjudication without a grievance (under section 76 of the Act). That case, which was carried over from the previous fiscal year, is on hold pending the outcome of a related file that is before the Yukon Court of Appeal.

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 2012-2013, 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 2012-2013, there were 2 matters of this nature: 1 new case and 1 carried over from the previous year. Both were upheld and completed.