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2010-11
Departmental Performance Report

Public Service Labour Relations Board

The original version was signed by
The Honourable James Moore, P.C., M.P.
Minister of Canadian Heritage and Official Languages

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Table of Contents

Chairperson's Message

SECTION I: DEPARTMENTAL OVERVIEW

• Raison d’être
• Responsibilities
• Strategic Outcome and Program Activity Architecture (PAA)
• Organizational Priorities
• Risk Analysis
• Summary of Performance
• Expenditure Profile
• Estimates by Vote

SECTION II: ANALYSIS OF PROGRAM ACTIVITY BY STRATEGIC OUTCOME

• Strategic Outcome
• Program Activity
• Performance Summary and Analysis of Program Activity
• Lessons Learned

SECTION III: SUPPLEMENTARY INFORMATION

• Financial Highlights
• Financial Highlights Charts/Graphs
• Financial Statements
• List of Supplementary Information Tables

SECTION IV: OTHER ITEMS OF INTEREST

• Organizational Contact Information
• Additional Information

Message from the Chairperson

It is a pleasure to present the Performance Report for the Public Service Labour Relations Board (PSLRB) for the period ending March 31, 2011.

A quasi-judicial tribunal, the PSLRB administers the legislative framework within which labour relations are conducted in the federal public service under the Public Service Labour Relations Act and within the institutions of Parliament under the Parliamentary Employment and Staff Relations Act.

This year, the PSLRB’s caseload increased significantly. In fact, we received 58% more new cases compared to the previous year. Despite our caseload, I am pleased to report that we successfully delivered on our mandate and achieved our key priorities, particularly in the area of improving service delivery to our clients. The satisfaction of our clients was gauged through our Client Satisfaction Survey, which was undertaken in Fall 2010. Eighty percent of the survey respondents said that they were satisfied or very satisfied with the PSLRB’s services overall. Not only did the survey provide us with a snapshot of how well we are meeting the needs of our clients, it identified some key challenges for us moving forward.

This comprehensive feedback and suggestions from clients were supplemented by the deliberations of our Client Consultation Committee, which convened three times during the year.

As in previous years, we continued to seek ways to improve service delivery by implementing more streamlined, responsive and effective adjudication and mediation processes to help us better manage our growing caseload. As well, our Compensation Analysis and Research Services continued to prepare for the launch of their next compensation comparability study by developing the necessary tools and technology and by conducting comprehensive consultations with the parties.

I am proud of the PSLRB’s success this year, which ultimately contributes to a productive and efficient workplace that ensures the fluid delivery of valuable programs and services to Canadians.

The original version was signed by

Casper M. Bloom, Q.C., Ad. E.
CHAIRPERSON

Section I: Departmental Overview

Raison d’être

Responsibilities

The PSLRB was established on April 1, 2005, with the enactment of the PSLRA. It replaced the Public Service Staff Relations Board (PSSRB), which had existed since 1967, when collective bargaining was first introduced in the federal public service.

The PSLRB provides the following three main services:

• adjudication — hearing and deciding grievances, complaints and other labour relations matters;
• mediation — helping parties reach collective agreements, manage their relations under collective agreements and resolve disputes without resorting to hearings; and
• compensation analysis and research — conducting compensation comparability studies and providing information that can be used in the negotiation and settlement of collective agreements to support collective bargaining and compensation determination processes in the federal public service.

As per section 44 of the PSLRA, the Chairperson is the PSLRB’s chief executive officer and has overall responsibility and accountability for the work of the PSRLB. The Executive Director is responsible for directing and supervising the day-to-day operations of the PSLRB. He reports to the Chairperson and is supported by five directors who are directly responsible and accountable for establishing priorities, managing the work and reporting on the performance of their specific units.

The General Counsel reports directly to the Chairperson, and under his direction, is accountable for the management, direction, and coordination of legal services and advice to the Chairperson, Vice-Chairpersons and other Board members, and all sections of the Board.

The Board comprises the Chairperson, three Vice-Chairpersons and full- and part-time Board members whom the Governor in Council may appoint for terms of no longer than five years and who may be reappointed. All Board members are responsible for administering the PSLRA, including making orders under it, and for deciding matters brought before the PSLRB.

The PSLRA covers about 252 000 federal public service employees, who are covered by several collective agreements, and applies to departments named in Schedule I to the Financial Administration Act, the other portions of the core public administration named in Schedule IV and the separate agencies named in Schedule V.

The PSLRB is also responsible for administering the PESRA and acts as the labour board and grievance system administrator for all employees of Parliament (the House of Commons, the Senate, the Library of Parliament, and the Office of the Conflict of Interest and Ethics Commissioner). As well, under an agreement with the Yukon government, the PSLRB administers the collective bargaining and grievance adjudication systems required by the Yukon Education Labour Relations Act and the Yukon Public Service Labour Relations Act. When performing those functions funded by the Yukon government, the PSLRB acts as the Yukon Teachers Labour Relations Board and the Yukon Public Service Labour Relations Board, respectively.

Furthermore, under section 396 of the Budget Implementation Act, 2009, the PSLRB is also responsible for dealing with existing pay equity complaints for the public service that were filed with the Canadian Human Rights Commission and with those that may arise under the Public Sector Equitable Compensation Act (PSECA). While the PSECA has yet to come into force, the PSLRB will need to invest significant efforts to prepare for the coming into force of that Act.

Strategic Outcome and Program Activity Architecture (PAA)

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Organizational Priorities

Priority	Type1	Program Activity
Continue to improve service delivery	Ongoing	Adjudication, Mediation, and Compensation Analysis and Research
Status2: Mostly met
Implement a more streamlined, responsive and effective adjudication process The PSLRB continued to seek innovative ways to manage its increased caseload and reduce the amount of time it takes to close cases. This involved using various case management tools such as addressing large numbers of grievances by grouping them together, using fact-finding meetings, and holding more pre-hearing conferences to maximize and reduce as much as possible the number of required hearing days. Establish a Client Consultation Committee to consult with clients The PSLRB Client Consultation Committee, the discussions of which focused on PSLRB processes such as case management, scheduling hearings and case mediation, convened three times during the reporting period.

¹Type is defined as follows: Previously committed to — committed to in the first or second fiscal year before the subject year of the report; Ongoing — committed to at least three fiscal years before the subject year of the report; and New — newly committed to in the reporting year of the DPR.

²Status is defined as follows: Exceeded — More than 100 per cent of the expected level of performance for the priority identified in the corresponding RPP was achieved during the fiscal year; Met All — 100 per cent of the expected level of performance was achieved; Mostly Met — 80 to 99 per cent of the expected level of performance was achieved; Somewhat Met — 60 to 79 per cent of the expected level of performance was achieved; and Not Met — Less than 60 per cent of the expected level of performance was achieved.

Priority	Type	Program Activity
Establish an equitable compensation capacity	New	Adjudication, Mediation, and Compensation Analysis and Research
Status: Somewhat met
Assess and develop policy direction and plan implementation of the Public Sector Equitable Compensation Act (PSECA) Although the PSECA has yet to come into force, during the year, the PSLRB monitored Treasury Board of Canada Secretariat pronouncements concerning the passage of regulations. When the PSECA was first introduced, the PSLRB expended considerable resources on a review of the legislation by subject matter experts and its implications for the organization. Any further substantial work on the legislation would be premature until the regulations have been implemented.

Priority	Type	Program Activity
Prepare for legislative review	New	Adjudication, Mediation, and Compensation Analysis and Research
Status: Met all
Consider and determine the PSLRB’s contribution to the review process. The PSLRB met with the Public Service Modernization Act Legislative Review Team and submitted its representations on the upcoming review of the Public Service Labour Relations Act.

Priority	Type	Program Activity
Improve the PSLRB’s IT/IM infrastructure	Previously committed to	Adjudication, Mediation, and Compensation Analysis and Research
Status: Somewhat met
Technology to enable the exchange of electronic compensation data In conducting its compensation studies, a secure electronic file transfer system is required to enable the receipt of incumbent compensation data from participating establishments across Canada. The PSLRB continues to work towards implementing the infrastructure to ensure the safeguarding of confidential and protected data for that purpose. Document and information management Given the significant increase in information that the PSLRB must deal with, which stems not only from email but from other paper and electronic sources, the PSLRB established a committee to review its existing information management practices, including its capacity to store and retain information, gathered information, and presented a synopsis of findings at its Strategic Planning retreat in Fall 2010. With a greater understanding of the initiatives that need to be undertaken to effectively address this issue, a steering committee and a project management office were created to develop an IM strategy and action plan in fiscal year 2011-12. Rollout of new Case Management System Following extensive testing of a tailored case management system during Summer 2010, senior management reflected on the test results and decided to refocus its efforts on developing a commercial off-the-shelf (COTS) solution that will meet its basic case management and scheduling needs. Performance dashboard As a result of the change in direction for the PSLRB’s case management system, the PSLRB decided to review and develop its workload standards before pursuing a performance dashboard.

Risk Analysis

The expansion of the PSLRB’s mandate as a result of recent legislative changes presents considerable challenges for the organization. Specifically, while the PSECA has yet to come into force, the PSLRB must establish the necessary capacity to administer the new equitable compensation regime once the regulations have been completed. To mitigate risk, the PSLRB has monitored the Treasury Board of Canada Secretariat’s pronouncements concerning the passage of the regulations. Any further work would be premature until the regulations have been implemented.

An ongoing risk for the PSLRB is the delays in appointing individuals to fill Board member vacancies. Without a full complement of members, the PSLRB’s ability to effectively handle its caseload is diminished, which ultimately affects the quality of service it provides. During the year, two new full-time and three part-time members were appointed, providing the PSLRB with a greater capacity to deal with its sizeable and increasingly complex caseload. Two full-time vacancies remained to be filled at year-end.

The PSLRB has experienced some delays in implementing an electronic case management system, which impacts the organization’s ability to provide certain performance data. Progress was made during the year. In Fall 2010, the PSLRB decided to change its strategic direction from seeking a highly customized system to a COTS product to meet its basic case management and hearing scheduling requirements. The PSLRB purchased a case management module that is part of its existing Records Management System and it plans to implement the COTS product in 2011-12.

Summary of Performance

2010-11 Financial Resources ($ thousands)

Planned Spending	Total Authorities	Actual Spending
13,654	14,114	11,889

2010-11 Human Resources (FTEs)

Planned	Actual	Difference
93	87	6

The PSLRB had planned 93 full-time equivalents (FTEs) for 2010-11, while it actually had 87. The difference of 6 FTE’s reflects vacancies in the complement of full-time Board members and in the CARS program, as well as staff turnover. As a result, positions had to be filled, which took several months and, therefore, resulted in staffing delays.

Strategic Outcome: Harmonious Labour Relations in the Federal Public Service and in Parliament

Performance Indicators	Targets	2010-11 Performance
Percentage of clients who are satisfied with the PSLRB’s ability to improve labour relations in the federal public service and Parliament through impartial and open processes and the quality of assistance, reports and educational tools it provides. Source: 2010 Client Satisfaction Survey	75% of clients satisfied with the PSLRB’s services	The extent to which clients are satisfied with the PSLRB’s services is provided in its Client Satisfaction Survey, the most recent of which was undertaken in Fall 2010. In general, most respondents (80%) said that they were satisfied or very satisfied with the PSLRB overall. Some of the indicators used in the survey included the quality of the assistance, reports and tools provided by the PSLRB, the timeliness and fairness with which clients’ cases were resolved, and the overall quality of the PSLRB’s website.

($ thousands) Program Activity	2009-10 Actual Spending	2010-11				Alignment to Government of Canada Outcome
		Main Estimates	Planned Spending	Total Authorities	Actual Spending
Adjudication, Mediation and Compensation Analysis and Research	9,380	9,711	9,711	10,076	8,313	Government Affairs Outcome Area1
Total	9,380	9,711	9,711	10,076	8,313

¹ http://www.tbs-sct.gc.ca/ppg-cpr/frame-cadre-eng.aspx

As a federal quasi-judicial tribunal operating in the area of labour relations, the strategic outcome and program activity of the PSLRB is aligned to the Government Affairs Outcome Area and to the smooth operation of the Government of Canada. The resources allocated to the PSLRB contribute to supporting a “public service that reflects excellence and leadership” as set out in that framework.

Program Activity	2009-10 Actual Spending	2010-11
		Main Estimates	Planned Spending	Total Authorities	Actual Spending
Internal Services	3,487	3,943	3,943	4,038	3,576

Expenditure Profile

In 2010-11, the PSLRB’s actual spending was $11.9 million. The PSLRB has adjusted its capacity to be better positioned to deliver on its priorities in the context of its expanded mandate. Nevertheless, as a result of vacancies in the complement of full-time Board members, the postponement of the PSLRB’s national compensation comparability study and the change in its strategic direction for its case management system, actual spending has decreased by 8% during the last three years.

Departmental Spending Trend

 

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Estimates by Vote

For information on our organizational votes and/or statutory expenditures, please see the 2010-11 Public Accounts of Canada (Volume II) publication. An electronic version of the Public Accounts is available at http://www.tpsgc-pwgsc.gc.ca/recgen/txt/72-eng.html.

Section II: Analysis of Program Activity by Strategic Outcome

Strategic Outcome - Harmonious Labour Relations in the Federal Public Service and Parliament

Program Activity: Adjudication, Mediation, and Compensation Analysis and Research

Program Activity Description

The PSLRB has one strategic outcome: harmonious labour relations in the federal public service and in Parliament, and one program activity: adjudication, mediation, and compensation analysis and research. The PSLRB benefits Canadians by supporting a harmonious relationship between federal public servants and their employers, which improves the ability of the public service to serve the public interest.

2010-11 Financial Resources ($ thousands)

Planned Spending	Total Authorities	Actual Spending
9,711	10,076	8,313

2010-11 Human Resources (FTEs)

Planned	Actual	Difference
64	57	7

Expected Results1	Performance Indicators	Targets	Performance Status
Parties before the PSLRB receive a timely and fair resolution of their case	Percentage of clients who are satisfied with the PSLRB’s services with respect to timeliness and fairness	75%	Met all
Dispute-related issues are fully or partially resolved through mediation interventions	Percentage of mediation efforts (grievance or complaint cases and collective bargaining) where issues are partially or fully resolved	75%	Met all
The PSLRB’s compensation data improves the process of collective bargaining	Percentage of PSLRB interventions with respect to collective bargaining (mediation, public interest commissions, arbitration boards) that use the PSLRB’s compensation data, when such data is available	75%	N/A The PSLRB’s national compensation study has been postponed.

¹Please see “Section IV, Other Items of Interest” for more detailed information about the PSLRB’s performance metrics.

Program Activity: Internal Services

2010-11 Financial Resources ($ thousands)

Planned Spending	Total Authorities	Actual Spending
3,943	4,038	3,576

2010-11 Human Resources (FTEs)

Planned	Actual	Difference
29	30	(1)

Performance Summary and Analysis of Program Activity

During the reporting period, the PSLRB’s caseload increased significantly. In fact, it received 58% more new cases compared to the previous year. Despite the caseload, the PSLRB successfully delivered on its mandate and key priorities, particularly in the area of improving service delivery to its clients. Again this year, the PSLRB sought ways to improve service delivery to its clients by implementing more streamlined, responsive and effective adjudication and mediation processes to better manage its caseload, which increased significantly from the previous year. Some initiatives that contributed to that success included using case management tools such as addressing large numbers of grievances by grouping them together and holding fact-finding meetings and pre-hearing conferences to maximize and reduce the number of required hearing days.

On the mediation side, the PSLRB offered timely and impartial services to the parties, helping them to reach mutually acceptable solutions to their issues. Through preventive mediations, the PSLRB’s Dispute Resolution Services assisted the parties to resolve their concerns without having to file formal complaints or grievances.

As well, the PSLRB’s Compensation Analysis and Research Services continued to develop its study methodology, tools and processes, including conducting comprehensive consultations with the parties, to launch the next compensation comparability study.

In Fall 2010, the PSLRB undertook its Client Satisfaction Survey, which is a key performance indicator that gauges how well it is providing its services to its clients. The survey was administered to 235 clients who had interacted with the PSLRB during the 18-month period covered by the survey (January 1, 2009 to June 30, 2010). Clients included employer representatives/third-party employer representatives, bargaining agents and third party representatives for applicants, as well as self-represented applicants, who were included as a pilot during the survey period.

The survey had an overall valid response rate of 76%. In general, the PSLRB’s adjudication and mediation services were rated quite high. Overall, 76% indicated that they were satisfied/very satisfied with the adjudication services they received and other types of hearings and 85% were satisfied/very satisfied with the overall mediation services they received.

More detailed information about the PSLRB’s performance, including some of the key survey findings, is contained in Appendix A: Supplementary Performance Information.

Lessons Learned

Effectively managing a sizeable and increasingly complex caseload and reducing the amount of time it takes to close cases remained a priority for the PSLRB in 2010-11. Not having a full complement of Board members challenges the PSLRB’s ability to schedule cases for hearings and issue its decisions in a timely manner.

As well, using various case management tools to ensure effectiveness and efficiency remained a priority. Those tools included pre-hearing and case management conferences, which can reduce the number of hearing days required or eliminate the need for a hearing entirely. Speaking with the parties in advance, in a focused manner, can also result in matters being addressed via written submissions, which can be helpful when dealing with preliminary matters and jurisdictional issues. Other tools included targeted mediation assistance on large-scale matters, and adjudication and mediation pilot projects with some of the PSLRB’s larger clients.

Section III: Supplementary Information

Financial Highlights

Condensed Statement of Financial Position
As at March 31, 2011 ($ dollars)

	% Change	2010-11	Restated 2009-10
Total Assets	-33%	1,587,787	2,385,137
Total Liabilities	-10%	3,077,150	3,400,996
Equity of Canada	47%	(1,489,363)	(1,015,859)
Total	-33%	1,587,787	2,385,137

Condensed Statement of Operations
For the year ended March 31, 2011 ($ dollars)

	% Change	2010-11	2009-10
Total Expenses	1%	15,074,302	14,882,820
Total Revenues	-100%	0	64
Net Cost of Operations	1%	15,074,302	14,882,756

Financial Highlights Charts/Graphs

Spending Distribution by Service

[text version]

The PSLRB’s total financial expenses for 2010-11 were $15.1 million. The majority of the funds, $7.6 million (51%), were spent on adjudication services; compensation analysis and research services represented $1.8 million (12%) of the total expenses, and mediation services represented $1.4 million (9%) of the total expenses. Internal services represented $4.2 million (28%) of the total expenses.

Spending Distribution by Type

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Total expenses for the PSLRB were $15.1 million in 2010-11, of which $9.1 million (60%) was spent on salaries and employee benefits. The remaining $6.0 million (40%) was spent on other operating costs such as transportation costs, professional services fees, accommodation costs, and costs for hearings and mediation facilities.

Financial Statements

For further details, consult the PSLRB’s financial statements, which can be found on its website at: http://www.pslrb-crtfp.gc.ca/reports/intro_e.asp.

All electronic supplementary information tables found in the 2010-11 Departmental Performance Report can be found on the Treasury Board of Canada Secretariat’s website at: http://www.tbs-sct.gc.ca/dpr-rmr/2010-2011/index-eng.asp.

Internal Audits and Evaluations

• Horizontal Internal Audit of Information Technology Asset Management in Small Departments and Agencies

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Section IV: Other Items of Interest

Organizational Contact Information

Public Service Labour Relations Board
P.O. Box 1525, Station B
Ottawa, Ontario, Canada
K1P 5V2

Tel: 613-990-1800
Toll free: 866-931-3454
Fax: 613-990-1849

General:	Fax: 613-990-1813
Registry Operations and Policy:	Fax: 613-990-3927
Dispute Resolution Services:	Fax: 613-990-9157
Website:	www.pslrb-crtfp.gc.ca

Email: mail.courrier@pslrb-crtfp.gc.ca

Additional Information

Appendix A
Supplementary Performance Information

Expected Results

1) Parties before the PSLRB receive a timely and fair resolution of their case

2) Dispute-related issues are fully or partially resolved through mediation interventions

Outputs

Decisions on applications, complaints and grievances

Management of cases

Mediation in the negotiation and renewal of collective agreements, the management of relations resulting from the implementation of collective agreements, and in relation to grievances, complaints and other proceedings

Conciliation and arbitration services

i) Performance indicator: Percentage of processes to establish public interest commissions and arbitration boards that are initiated within 5 business days of receiving all appropriate documentation

Performance data: 100%

Target: 100%

Date to achieve target: 31/03/2011

Appendix B
Grievances, Complaints and Applications Before the Public Service Labour Relations Board 2010-11

	Number of cases brought forward from previous years	Number of new cases received	Total number of cases	Number of cases closed (includes cases settled, withdrawn and decided)		Number of cases carried forward to 2011-2012	Decisions or orders
				Settled & withdrawn	decided
Individual	2452	1672	4148	323	155	3574	73
Group		16		0	0	36	0
Policy		8		8	33	19	3
Total grievances	2452	1696	4148	519		3629	76
Complaints of unfair labour practices - Duty of fair representation	146	25	200	42	52	32	17
- Other		29				74
Complaints under the Canada Labour Code	28	7	35	8	2	25	3
Total complaints	174	61	235	104		131	20
Request to file certified copy of order with Federal court	0	2	2	1		1	1
Certifications	0	1	1	1		0	1
Revocations of certification	0	1	1	1		0	1
Determination of successor rights	0	0	0	0		0	0
Membership in a bargaining unit	7	4	11	4		7	1
Designation of essential services positions	7	0	7	3		4	4
Applications for review of Board decisions	3	10	13	7		6	7
Requests for extension of time	26	20	46	18		28	6
Subtotal applications1	43	38	81	35		46	21
Determination of management and confidential positions	303	311	614	185		429	3722
Other applications (not specified above)	802	2	804	644		160	N/A3
Total applications	1148	351	1499	864		635	3933
TOTAL	3774	2108	5882	1487		4395	4893

¹ This subtotal excludes the work done on managerial and confidential exclusion proposals.

² In all cases, the determinations were made by an order rendered by the PSLRB on consent.

³The total number of decisions/orders does not include those issued for “other applications.”

Appendix C
Synopsis of Applications for Judicial Review of Decisions

April 1, 2006 to March 31, 2011

	Decisions rendered1	Number of applications	Applications withdrawn	Applications dismissed	Applications allowed	Applications pending2	Appeals of applications pending3
YEAR 1 (April 1, 2006 to March 31, 2007)	116	25	9	11	4	1	0
YEAR 2 (April 1, 2007 to March 31, 2008)	112	23	8	9	6	0	0
YEAR 3 (April 1, 2008 to March 31, 2009)	114	24	4	18	2	0	0
YEAR 4 (April 1, 2009 to March 31, 2010)	183	30	11	15	3	1	0
YEAR 5 (April 1, 2010 to March 31, 2011)	126	25	0	1	2	22	1
TOTAL	651	127	32	54	17	24	1

 

¹ Decisions rendered do not include cases dealt with under the expedited adjudication process and Managerial Exclusion Orders issued by the Board upon consent of the parties.

² Applications that have yet to be dealt with by the Federal Court. Does not include appeals pending before the Federal Court of Appeal or the Supreme Court of Canada.

³ Results of appeals disposed of have been integrated into the statistics in this table.

Note: The figures for the last four fiscal years are not final, as not all the judicial review applications filed in those years have made their way through the court system.