Annual report of the Yukon Public Service Labour Relations Board - 2006-2007

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REPORT ON THE ADMINISTRATION
OF THE YUKON PUBLIC SERVICE
LABOUR RELATIONS ACT
FOR THE FISCAL YEAR ENDING
MARCH 31, 2007

INTRODUCTION

Under an agreement with the Yukon government, the federal Public Service Labour Relations Board administers the collective bargaining and grievance adjudication systems for the Yukon public service. When performing these functions, that Board acts as the Yukon Public Service Labour Relations Board.

MEMBERSHIP OF THE BOARD IN 2006–2007

Yvon Tarte retired as Chair in May 2006 after 14 years serving the Public Service Labour Relations Board and its predecessor, the Public Service Staff Relations Board. Vice-Chairs, Sylvie Matteau and Ian R. Mackenzie, respectively, served as acting chairs until January 2, 2007 when the new Chair, Casper M. Bloom, Q.C., Ad. E., was appointed. 

Michele A. Pineau was appointed as a Vice-Chair effective January 1, 2007. Ian R. Mackenzie and Georges Nadeau continued in their appointments as Vice-Chairs. In 2006–2007 Dan Butler, Barry Done, Léo-Paul Guindon, Dan Quigley and Jean-Pierre Tessier served as members of the Board. Jean-Pierre Tessier completed his term as a  member and Sylvie Matteau completed her term as Vice-Chair.

Colin Taylor completed his term as adjudicator.

PROCEEDINGS IN 2006–2007

In 2006–2007, there were 33 proceedings under the Yukon Public Service Labour Relations Act (the Act): 30 were referrals to adjudication of grievances related to interpretations of collective agreements and disciplinary actions; 2 were notices of identification pertaining to positions considered by the employer to be managerial or confidential (exclusion proposals); and 1 application pertained to the designation of employees essential for the safety or security of the public.

No applications were made for the determination of membership in bargaining units.

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 action or termination.

The Board dealt with 30 grievance cases during the period under review—15 of which were new and 15 of which were carried over from the previous fiscal year. A total of 7 cases were completed in 2006–2007.

Of the 30 cases, 16 dealt with interpretations of collective agreements. Of those 16, 2 cases were withdrawn by a party prior to a hearing, 8 cases are to be scheduled for hearing in 2007–2008, 5 cases are being held pending mediation and 1 case is being held pending the outcome of a related Yukon Human Rights Commission complaint.

Fourteen (14) cases dealt with disciplinary matters, 4 of which involved terminations. Of these 4 cases, 1 was decided without an oral hearing, 1 was settled by the parties prior to a hearing, 1 is to be scheduled for hearing in 2007–2008 and 1 is tentatively scheduled for hearing in 2007–2008. Of the 10 remaining cases dealing with other types of disciplinary matters, 1 is scheduled for hearing in 2007–2008, 5 are to be scheduled for hearing in 2007–2008, 1 was settled by the parties prior to a hearing, 2 were decided with an oral hearing and 1 case is being held pending the outcome of other proceedings.

Managerial or 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 Actfor exclusion from a bargaining unit.

In 2006–2007, 1 position was identified by the employer as being a managerial or confidential position and 1 case, containing 1 position, was carried over from previous years. The bargaining agent objected to the identification of both positions. The 2 cases are to be scheduled for hearing in 2007–2008.

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 at any particular time are necessary to the safety or security of the public. In 2006–2007, the Yukon Public Service Commission filed 1 application, which will be decided in 2007–2008.

Determination of membership in bargaining units

No such applications were received in 2006–2007.