ARCHIVED - Canada Industrial Relations Board

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Message from the Chairperson

As Chairperson of the Canada Industrial Relations Board (the CIRB or the Board), I am pleased to present the Board's Report on Plans and Priorities for 2010–11. The Board 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. Part I of the Code creates a framework for collective bargaining for the federal private sector. Under the Code, the CIRB's jurisdiction applies to approximately 800,000 workers and their employers in banking, interprovincial and international transportation, airports and airlines, broadcasting, telecommunications, port operations, longshoring and grain handling. It also applies to Crown corporations, and to private-sector employers and employees in the three territories. In carrying out its mandate, the Board has an obligation to encourage constructive labour-management relations between federally regulated employers and the unions representing their employees, and contributes to minimizing labour unrest in the critical infrastructure industries that are governed by the Code.

Since my appointment as Chairperson of the CIRB in January 2008, I have made it a priority to reduce the number of outstanding complaints and applications, and to improve the timeliness of Board decisions. I am pleased to report that significant progress was made in this regard and that our pending caseload is now at a sustainable level of approximately 440 matters, a historically low level. The Board's priority in 2010–11 will be to continue its efforts to reduce the average processing time of new cases so as to ensure that a backlog does not reoccur. In order to achieve this, the Board will focus its efforts on effective case management and dispute resolution mechanisms that encourage the constructive settlement of differences. The Board will continue to adjudicate matters where necessary, but will also focus on increasing its mediation efforts at all stages of a case, in order to proactively seek a resolution of matters that best meets the needs of the parties and promote stable and productive labour-management relations.

I believe that the CIRB is well positioned to be a “full service” dispute resolution agency that is able to resolve matters fairly and expeditiously. I am extremely proud of the accomplishments of the Board's Vice-Chairpersons, Members and staff. With their continued determination and dedication, the Board will emphasize initiatives that build positive working relationships and support harmonious labour-management relations in the federally regulated private sector.

SECTION I: DEPARTMENTAL OVERVIEW

Raison d'être, Responsibilities and Departmental Organization

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.

Part I of the Code establishes the framework for collective bargaining, the acquisition and termination of bargaining rights, unfair labour practices and protection of the public interest in the event of work stoppages affecting essential services.

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
• Interprovincial 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
• Federal 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 a significant 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.

The Board's role is to exercise its powers in accordance with the Preamble and provisions of the Code, which state that Parliament considers “the development of good industrial relations to be in the best interests of Canada in ensuring a just share of the fruits of progress to all.” To that end, the Board aims to be responsive to the needs of the industrial relations community across Canada.

Departmental Organization

The Code provides that the Board is to be composed of the Chairperson, two or more full-time Vice-Chairpersons, not more than six full-time Members (of which not more than three represent employers and not more than three represent employees) and any other part-time members (representing, in equal numbers, employees and employers) necessary to discharge the responsibilities of the Board. All are appointed by the Governor in Council: the Chairperson and the Vice Chairpersons for terms not to exceed five years, the members for terms not to exceed three years. The Board currently consists of the Chairperson, five full-time and two part-time Vice-Chairpersons, and six full-time and two part-time Members. Information on the Board members can be found at: http://www.cirb-ccri.gc.ca/about-apropos/members-membres/index_eng.asp.

The Chairperson is the chief executive officer of the Board and has supervision over, and direction of, the work of the Board, including:

• the assignment and reassignment of matters that the Board is seized of to panels;
• the composition of panels and the assignment of Vice Chairpersons to preside over panels;
• the determination of the date, time and place of hearing;
• the conduct of the Board's work;
• the management of the Board's internal affairs;
• the duties of the staff of the Board.

The Board's headquarters are located in the National Capital Region. Support to the Board is provided by the Executive Director, reporting directly to the Chairperson. The Executive Director is responsible for regional operations, case management, client and corporate services and financial services. The Legal Services Branch provides legal assistance as required by the Board and is headed by a general counsel who reports directly to the Chairperson of the Board.

The Board has five regional offices located in Dartmouth, Montréal, Ottawa, Toronto and Vancouver, with a satellite office in Winnipeg. These offices are staffed by labour relations professionals and case management teams. Each regional office is headed by a regional director, who reports to the Executive Director in Ottawa.

The Board has established a series of strategic objectives in support of its mandate, which include to:

• seek solutions to labour relations problems by determining the cause and nature of conflict and by applying the appropriate dispute resolution mechanism, including fact finding, mediation and adjudication;
• conduct its activities in a fair, timely and consistent manner;
• consult its clients on its performance and on the development of policies and practices;
• promote an understanding of its role, processes and jurisprudence through client contact and a variety of information dissemination methods;
• conduct its business and manage its resources in a manner that is fiscally sound, in accordance with the Financial Administration Act and the policies and directives of the central agencies of government.

Strategic Outcome and Program Activity Architecture (PAA)

Strategic Outcome

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

The CIRB's strategic outcome is aligned with the government's Economic Affairs and supports the government's desired outcome of ensuring a Fair and Secure Marketplace through the impartial, effective and appropriate administration of the rules governing the conduct of employers and unions, in order to ensure stable labour-management relations and productive workplaces.

Program Activity Architecture

Based on its legislated mandate and its currently approved PAA, the CIRB has a single strategic outcome and two program activities.

[D]

Planning Summary

The following table provides a summary of the total planned spending for the Canada Industrial Relations Board for the next three fiscal years.

Financial Resources ($ thousands)

2010–11	2011–12	2012–13
13,017	13,035	13,035

The following table provides a summary of the total planned human resources for the Canada Industrial Relations Board for the next three fiscal years.

Human Resources (FTEs)

2010–11	2011–12	2012–13
110	110	110

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

Performance Indicator	Targets
CIRB decisions overturned by the Federal Court of Appeal	Less than one percent of all decisions rendered are overturned by the Federal Court of Appeal
Number of applications/complaints resolved through mediation	Fifty percent of cases are resolved through mediation
Decisions are issued within statutory deadlines	Average decision-making time is less than 90 days from the date the Board reserved its decision
Reduction of CIRB's average case disposition time	Seventy percent of cases are processed in less than one year

Program Activities1	Forecast Spending 2009–10	Planned Spending			Alignment to Government of Canada Outcomes
		2010–11	2012–12	2012–13
Adjudication and Dispute Resolution Program	9,366	9,437	9,450	9,450	Fair and Secure Market Place The CIRB promotes stable industrial relations within the industrial sectors that fall under federal jurisdiction, thus ensuring safe, fair and productive workplaces that contribute positively to the Canadian economy
Internal Services	3,893	3,580	3,585	3,585
Total Planned Spending		13,017	13,035	13,035

Contribution of Priorities to Strategic Outcome

The CIRB's priorities are largely dictated by its strategic outcome. In the discharge of its mandate, the Board aims to be progressive, efficient and effective, as well as open and accountable. In addition to its objective of promoting and contributing to effective and stable industrial relations, the Board plans to pursue the priorities summarized in the table below.

Operational Priorities	Type	Links to Strategic Outcome	Description
Expeditious and fair processing of applications and complaints	Ongoing	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 main program activity: Adjudication and Dispute Resolution Program	Why is this a priority? Stable industrial relations contribute to Canada's economic prosperity. By resolving matters in a timely and fair manner, the CIRB directly contributes to this objective Plans for meeting the priority To accomplish this, the CIRB will launch a review of its Regulations to ensure effective and efficient handling of applications and complaints; it will fine-tune procedures aimed at reducing processing time for certification applications; and will actively explore opportunities to further reduce the average case disposition time
Successful resolution of labour relations problems through appropriate dispute resolution mechanisms	Ongoing		Why is this a priority? Being responsive to the community needs and addressing the underlying labour relations issues contributes to a stable industrial relations climate and thus has a direct positive effect on the Canadian economy Plans for meeting the priority To achieve this, the CIRB will increase its emphasis on proactive mediation of complaints by regional staff and Board members, and will implement tracking measures to measure its success rate
An involved and well-informed labour relations community	Ongoing		Why is this a priority? As client-focused service is important to the federal government, consultations with clients will continue to be a priority for the CIRB Plans for meeting the priority The CIRB will update and expand the information on its Website; develop and disseminate regular CIRB updates to the labour relations community; and consult the community on policies and procedures

Management Priorities	Type	Links to Strategic Outcome	Description
Operational effectiveness and compliance with government-wide Accountability Framework	Ongoing	This priority is 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 is linked to our main program activity: Adjudication and Dispute Resolution Program	Why is this a priority? Sound management practices, processes and systems, particularly in areas such as human resources and internal service delivery, are essential to CIRB's ability to deliver its programs and services to the public and achieve its strategic outcome economically, efficiently and effectively Plans for meeting the priority The CIRB will work to align people to priorities by anticipating and supporting staffing needs and operational requirements, and ensuring flexibility to meet changing priorities. The Board will continue to support the achievement of the government-wide priorities for public service renewal The CIRB will also continue to strengthen its management and accountability in the area of corporate risk management, and will be implementing improved management practices in areas where opportunities have been identified in the Management Accountability Framework Assessment

Risk Analysis

Operating environment
The Board has an ongoing planning challenge in that the CIRB's sole function is to respond to the matters referred to it by unions, employers, employees and the Minister of Labour. As such, the CIRB's operational activities are driven by external demands that it can only react to rather than plan for.

The Board's workload is a function of many variables, but the economic environment is a key determinant of the types of cases submitted to the Board. For example, corporate mergers, acquisitions and restructuring tend to increase the demand for bargaining unit reviews. Corporate bankruptcies and insolvencies frequently result in a loss of or decrease in the level of collectively bargained salary and employment benefits, with resultant increases in duty of fair representation and bad faith bargaining complaints. The negotiation or renegotiation of collective agreements in areas essential to public health or safety creates demand for Board investigations and rulings on maintenance of activities issues.

Although the nature of the demand for Board services may vary, depending on the state of the economy, the absolute number of incoming applications and complaints is expected to remain relatively constant over the planning period. However, a significant increase in the number or complexity of incoming matters would severely affect the Board's ability to meet its strategic outcome.

Processing Time
The Board's largest operational risk is associated with the number of applications and complaints it receives in a given year, combined with its ability to continue to reduce its backlog of cases. To mitigate this risk, priority is given to the processing and consideration of matters in which it appears that delay will pose a significant potential for adverse industrial relations consequences, or where other identifiable factors require a matter to be promptly addressed. In addition, the CIRB adopted new procedures for the processing of duty of fair representation complaints over the last year. This year, the CIRB will begin a comprehensive review of its Regulations to ensure effective and efficient handling of applications and complaints and will fine-tune the processing of applications for certification. It is expected that these mitigating strategies will greatly reduce the time it takes to process matters, which in turn will continue to reduce the number of backlog cases.

Quality of Decisions
In addition to the timeliness of decisions, a second operational risk involves the quality of the decisions. Decisions that are not based on sound legal and industrial relations principles would not only lead to flawed jurisprudence, but would also create uncertainty in the client community. It should be noted that all but one judicial review application to the Federal Court of Appeal was dismissed in the 2003–04 to 2008–09 period. This underscores the importance of the quality of Governor-in-Council appointments that are made to the Board and the experience and expertise that these appointees bring to it.

Human Resources
The CIRB, like most of the federal public service, is facing challenges with employee retention and departures due to retirement. In the next five years, over 60% of the Board's staff is eligible to retire. In addition, results from the Public Service Employee Survey identified issues related to career progression within the Board. As the CIRB is a small and specialized organization, the impact of staff turnover can be significant. Maintaining continuity of the Board's corporate knowledge requires sustained focus on recruitment, training and succession planning. In the past year, the Board has responded by putting in place development programs and positions and will continue to look for opportunities to expand its training and career development opportunities.

Like other small departments and micro-agencies, the CIRB continually faces pressure to respond to, or implement various government-wide management initiatives. The CIRB is continuing its work on several fronts, such as strengthening its accountability framework, planning for the implementation of the new evaluation policy, and developing measures to enhance human resources management in the context of public service renewal. These and other concerns are being addressed in the CIRB's Integrated Human Resources and Business Plan. The CIRB will continue to actively seek opportunities both from new technologies and interdepartmental partnerships, in order to achieve efficiencies. The CIRB believes this approach will mitigate the pressure caused by horizontal initiatives while ensuring it continues to be well positioned to carry out its mandate.

The CIRB's risk profile and mitigation plan is adjusted periodically, usually following its annual retreat, after discussion of the Board's current situation and future directions.

Expenditure Profile

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There has been no significant deviation in the expenditure trend of the CIRB over the previous year. However, the 9% increase in actual spending for the 2008–09 fiscal year over the previous year is primarily due to the relocation of the Board's regional offices in Montréal and Vancouver as a result of Public Works and Government Services Canada initiatives.

Approximately 80% of the CIRB's $13 million operating budget is expended on employee salaries and benefits. Of the remaining $2.6 million in the Operation and Maintenance budget (O&M), 60% is for travel and professional services, and is largely related to the processing of cases, including travel to hearings, rental of hearing rooms, interpretation services and translation of Board decisions. The Board adheres to Treasury Board policies for the expenditure of its O&M budget.

Voted and Statutory Items
($ thousands)

Voted or Statutory Item (S)	Truncated Voted or Statutory Wording	2009–10 Main Estimates	2010–11 Main Estimates
10	Operating expenditures	11,122	11,490
(S)	Contributions to employee benefit plans	1,465	1,527
Total		12,587	13,017

The increase of $430 thousand in Main Estimates from 2009–10 to 2010–11 is due to salary and benefits adjustments prescribed by collective agreements and Treasury Board policies.

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