REPORT ON THE ADMINISTRATION
OF THE YUKON PUBLIC SERVICE
STAFF RELATIONS ACT
FOR THE FISCAL YEAR ENDING
MARCH 31, 2004

INTRODUCTION

During the year under review, proceedings under the legislation consisted of 59 references to adjudication of grievances and appeals and certain alleged obligations arising out of the collective agreement; one application for a declaration of a deadlock in negotiations; and one referral for the designation of employees essential for the safety or security of the public.

S. Matteau has been appointed as deputy-chairperson. L. P. Guindon and J.-P. Tessier have been re-appointed as Board members. R.E. Bilson, Q.C., S. Lanyon, Q.C., C. Taylor, Q.C., and K.E. Norman have been re-appointed as adjudicators. B. Foley and S. Kelleher, Q.C., have resigned as adjudicators.

APPEALS / ADJUDICATION

The Board dealt with 59 cases during the period under review, of which two were carried over from the previous fiscal year.

Thirty-five cases dealt with the interpretation of the collective agreement. Of those, one was withdrawn by the bargaining agent prior to the hearing (266-YG-128) and thirty four cases are being held pending at the request of the parties.

Of the twenty-four remaining cases dealing with disciplinary matters, nine involved terminations, of which two were withdrawn by the bargaining agent prior to the hearing (267-YG-106 and 267-YG-107) and one case carried over from the previous year was settled prior to the hearing (267-YG-102). Of the fifteen remaining cases, dealing with disciplinary matters, one was withdrawn by the bargaining agent prior to the hearing (267-YG-105) and one was settled prior to the hearing (267-YG-125). In one of the remaining cases, a hearing was held and a decision was issued (267-YG-103).

REFERRALS UNDER SECTION 84

          Section 84 provides for the adjudication of disputes that cannot be the subject of a grievance by an individual employee. They come about when the employer or bargaining agent seeks to enforce an obligation alleged to arise out of a collective agreement or arbitration award.

The Board dealt with two such referrals during the year, which were carried over from the previous fiscal year. One was withdrawn prior to the hearing (269-YG-19) and the other one was heard in October 2003; the grievance was denied following a decision (269-YG-20).

COLLECTIVE BARGAINING

          The Board had before it a declaration by the employer to the effect that a deadlock existed in the negotiations between the Government of the Yukon and the Yukon Teachers' Association. Pursuant to Section 49(2)b of the Act, the Chairperson issued a declaration that a dispute existed. The bargaining agent selected arbitration as the dispute resolution method. The parties have reached an agreement (282-YG-11).

SAFETY OR SECURITY DESIGNATIONS/
STATEMENT OF ESSENTIAL SERVICES

Section 42 requires the employer to furnish a statement of the employees in a bargaining unit whose duties at any particular time are necessary in the interest of the safety or security of the public.

The Yukon Public Service Commission filed one such case during 2002-2003. This case will be dealt with during the next fiscal year (281-YG-12).