ARCHIVED - Canada Industrial Relations Board

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Message from the Chairperson

I am pleased to present to Parliament and Canadians the eleventh annual Performance Report of the Canada Industrial Relations Board (the CIRB or the Board) for the period ending March 31, 2009—my first full year as Chairperson.

As I indicated in the Board's 2008–09 Report on Plans and Priorities, my personal priority was to reduce the number of backlog cases that remained on the Board's books, and to ensure that the Board achieves its mandate of contributing to and promoting a harmonious industrial relations climate in the federally regulated sector as effectively and efficiently as possible.

In this respect, the CIRB made significant progress in 2008–09. The Board received a total of 669 applications/complaints in 2008–09, slightly more than the previous year. With respect to the resolution of matters, the Board increased its output considerably in 2008–09, disposing of a total of 817 cases compared to only 675 in 2007–08. As a result of considerable effort by Board staff and Members, the number of backlog cases was reduced by 25%, from 590 in March 2008 to 442 at the end of March 2009, the lowest level since 1996–97.

The implementation of initiatives to improve the Board's rate of matter disposition and to reduce the level of pending matters has not yet translated into a reduction in average case processing time. The effect of these initiatives on average processing time is concealed by the inclusion in the statistics of longstanding duty of fair representation (DFR) complaints that were resolved in 2008–09. However, closer examination of case disposition trends show that these initiatives have had a positive impact on the Board's underlying performance, and more importantly, should continue to have a compound effect in future years.

I would like to take this opportunity to thank the Board's Vice-Chairpersons, Members and staff for their determination, dedication and the support they have provided me since my appointment. I am extremely proud of their accomplishments. We are, I believe, well positioned to effectively carry out our current mandate. We will continue to emphasize initiatives aimed at improving our case processing and contributing to harmonious labour-management relations in the federally regulated private sector.

Section I: Departmental Overview

Raison d’être and Responsibilities

Raison d’être

Responsibilities

The CIRB is an independent, representational, quasi-judicial tribunal responsible for the interpretation and application of the Canada Labour Code (the Code), Part I, Industrial Relations, and certain provisions of Part II, Occupational Health and Safety. It was established in January 1999, to replace the previous Canada Labour Relations Board, through amendments to Part I of the Code.

The CIRB has jurisdiction in all provinces and territories with respect to federal works, undertakings or businesses in the following sectors:

• Broadcasting
• Chartered banks
• Postal services
• Airports and air transportation
• Shipping and navigation
• Inter-provincial or international transportation by road, railway, ferry or pipeline
• Telecommunications
• Grain handling and uranium mining and processing
• Most public and private sector activities in the Yukon, Nunavut and the Northwest Territories
• Band Councils and some First Nations undertakings
• Certain Crown corporations (including, among others, Atomic Energy of Canada Limited and the national museums)

The federal jurisdiction covers some 800,000 employees and their employers, and includes enterprises that have an enormous economic, social, and cultural impact on Canadians from coast to coast. The variety of activities conducted in the federally regulated sector, as well as its geographical spread and national significance, contribute to the uniqueness of the federal jurisdiction and the role of the CIRB.

Strategic Outcome and Program Activity Architecture (PAA)

Strategic Outcome

In pursuing its mandate, the CIRB seeks to achieve the following strategic outcome:

Program Activity Architecture

PAA Crosswalk

It should be noted that the above PAA is a refinement to the wording of the strategic outcome and program activity found in the 2008–09 Report on Plans and Priorities. The modifications, made in consultation with the Treasury Board, are meant to better describe the CIRB's strategic outcome and program activity and do not reflect any underlying changes to them. The previous PAA is provided below for comparison.

Canada Industrial Relations Board–Previous Program Activity Architecture

Summary of Performance

2008–09 Financial Resources ($ thousands)

Planned Spending	Total Authorities	Actual Spending
12,508	14,086	13,723

2008–09 Human Resources (FTEs)

Planned	Actual	Difference
110	106	-04

Performance Summary

Strategic Outcome 1: Resolution of labour relations issues in sectors regulated by the Canada labour Code in a timely, fair and consistent manner

Performance Indicators	Targets	2008–09 Performance
Number of applications and complaints resolved as a percentage of applications/complaints received	100%	Exceeded The number of applications/complaints resolved as a percentage of applications/complaints received represents 122% The Board increased its output considerably in 2008–09, disposing of a total of 817 cases. The number of backlog cases dropped significantly to 442 at the end of March 2009 from 590 a year earlier, the lowest level since 1996–97

($ thousands)

Program Activity	2007–08 Actual Spending	2008–091				Alignment to Government of Canada Outcomes
		Main Estimates	Planned Spending	Total Authorities	Actual Spending2
Adjudication and Dispute Resolution Program	12,516	12,508	12,508	14,086	13,723	Income Security and Employment for Canadians
Total	12,516	12,508	12,508	14,086	13,723

Contribution of Priorities to Strategic Outcome

Operational Priorities	Type3	Status	Linkages to Strategic Outcome
Deliver on the Board's statutory mandate under the Canada Labour Code Accelerate reduction in the number of backlog cases Reduce average case disposition time Review new DFR complaint process Client consultations	Ongoing Ongoing Ongoing Ongoing Ongoing	Met all Met all Mostly Met Met all Met all	All of these priorities are linked to our sole strategic outcome: Resolution of labour relations issues in sectors regulated by the Canada Labour Code in a timely, fair and consistent manner and are directly linked to our program activity: Adjudication and Dispute Resolution Program By resolving matters, through mediation or adjudication, the Board effectively and directly contributes to its strategic outcome

Management Priorities	Type3	Status	Linkages to Strategic Outcome
Review the Board's Performance Measurement Framework	New	Mostly met	Ensures that the Board remains focused on its strategic outcome of resolving labour relations issues in sectors regulated by the Canada Labour Code in a timely, fair and consistent manner

Risk Analysis

The Canadian labour relations environment has faced many challenges in recent years, and the current economic environment suggests that these challenges will continue for the foreseeable future. The globalization of markets, corporate mergers and restructuring, and the pace of technological change have all contributed to a heightened competitive environment. This in turn has forced employers to seek productivity improvements in order to remain competitive, including the redefinition of bargaining units in some instances. Pressures have increased considerably since the summer of 2008, as a result of the severe international financial crisis and the ensuing recession that has gripped world economies, particularly the United States, Canada's largest trading partner.

Among other things, the depth and breadth of the recession has led employers to seek aggressive cuts in labour costs and has changed the unions' bargaining strategies, with many private sector unions shifting their key focus from wage and benefit growth to saving jobs. This is a significant change from previous years, when good economic times and fears of labour shortages led to different bargaining demands and outcomes. Nevertheless, while the industrial relations climate is generally tense, this has not resulted in a significant increase in complaints or applications to the CIRB.

In the federally regulated sectors, the degree and rate of change have been significant. In recent years, many key infrastructure industries, such as telecommunications and air transport, have gone from highly regulated monopolistic or semi-monopolistic structures to a form that is more unregulated and competitive. The volatility in the price of oil has considerable impact on the transportation industry, while the Canadian Radio-Television and Telecommunications Commission's decision, in the summer of 2008, to grant new wireless spectrums, is expected to result in new service providers and increased competition in the wireless industry. These profound changes, associated with a workforce that is largely unionized, have led to situations where the Board is being called upon to resolve cases that are increasingly complex, with substantial economic and social implications for the broader Canadian public.

The timeliness and quality of the Board's decisions are critical to stable and harmonious labour management relations. This underscores the importance of the quality of Governor in Council (GIC) appointments that are made to the Board, and the experience and expertise that these appointees bring to it.

Expenditure Profile

Over the past three years, planned spending has increased by approximately $150,000, which represents adjustments in salary and benefits prescribed by collective agreements. The difference between total authorities and planned spending represents adjustments to salary and benefits prescribed by collective agreements or by Treasury Board policy, amounts carried forward from previous years, and for 2008–09 exceptionally, an amount transferred from HRSDC for the relocation of two regional offices. The increase of $1.2 million in actual spending from 2007–08 to 2008–09 is primarily due to the relocation and retrofit of two regional offices in addition to salary and benefits adjustments prescribed by collective agreements and Treasury Board policy.

It should be noted that the Board's success in delivering on its mandate is directly tied to the knowledge, skills and professionalism of a dedicated team of employees and GIC appointees. As a result, a large part (80%) of the CIRB's budget is allocated to salary and benefits.

Voted and Statutory Items
($ thousands)

Vote or Statutory Item (S)	Truncated Vote or Statutory Wording	2006–07 Actual Spending	2007–08 Actual Spending	2008–09 Main Estimates	2008–09 Actual Spending
10	Operating expenditures	10,392	11,138	11,018	12,296
(S)	Contributions to employee benefit plans	1,266	1,378	1,490	1,427
Total		11,658	12,516	12,508	13,723

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