Annual report of the Yukon Public Service Labour Relations Board – 2010-2011

YUKON PUBLIC SERVICE
LABOUR RELATIONS BOARD

ANNUAL REPORT
2010-2011

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COMPOSITION OF THE BOARD

• Chair:
  • Casper M. Bloom, Q.C., Ad. E.
• Vice-Chairs:
  • Marie-Josée Bédard
  • Ian R. Mackenzie
  • Renaud Paquet
  • Michele A. Pineau
• Members:
  • 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 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 PSLRB effective February 7, 2011.

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REPORT ON THE ADMINISTRATION
OF THE YUKON PUBLIC SERVICE
LABOUR RELATIONS ACT
FOR THE FISCAL YEAR ENDING
MARCH 31, 2011

INTRODUCTION

Under an agreement with the Yukon government, the Public Service Labour Relations Board (PSLRB) administers the collective bargaining and grievance adjudication systems for the Yukon public service. When performing these functions, the PSLRB acts as the Yukon Public Service 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 44 proceedings under the Yukon Public Service Labour Relations Act (“the Act”); 1 was an application for an extension of time to present a grievance, 42 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).

There were no applications pertaining to the designation of employees essential for the safety or security of the public and no applications 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 actions or terminations.

The Board dealt with 42 grievance adjudication cases during the period under review. Seventeen (17) were new, and 25 were carried over from the previous fiscal year. Five (5) cases were closed.

Of the 42 grievance cases, 27 dealt with interpretations of collective agreements. Of those 27 cases, none was scheduled for a hearing in 2010-2011. No cases were settled pending confirmation, 2 cases were on hold by the parties, and 4 cases were completed.

Fifteen (15) cases dealt with disciplinary matters, 4 of which involved terminations. Of those 4 cases, 2 have been scheduled, 1 remains to be scheduled, and 1 was completed. Of the 11 remaining cases dealing with other types of disciplinary matters, 6 remain to be scheduled, 1 has been scheduled, 3 have been scheduled tentatively, and 1 is on hold by the parties.

Mediation

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, no requests for mediation were received by the PSLRB’s Dispute Resolution Services.

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, 1 case pertaining to 1 position that had been previously identified by the employer as being a managerial or confidential position was carried over from previous years and was closed.

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 are necessary for the safety or security of the public. In 2010-2011, the Yukon Public Service Commission filed no such applications.

Determination of membership in bargaining units

No such applications were received in 2010-2011.