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Chairperson's Message

Casper Bloom, chairpersonAs Chairperson of the Public Service Labour Relations Board (PSLRB), I am pleased to present our Report on Plans and Priorities for 2010-2011.

As a quasi-judicial tribunal that is responsible for administering the collective bargaining and grievance adjudication systems in the federal public service and Parliament, the PSLRB provides three main services: adjudication, mediation, and compensation analysis and research.

The PSLRB is strongly committed to encouraging harmonious labour relations between federal public service employees and their employers, the net result of which is a productive and efficient workplace that ultimately benefits Canadians through the delivery of effective programs and services.

This Report on Plans and Priorities is a blueprint of sorts that describes the initiatives and activities that the PSLRB will undertake in 2010-2011 to ensure that it fully meets this commitment and its expanded mandate under both the Public Service Labour Relations Act (PSLRA) and the Public Sector Equitable Compensation Act (PSECA), the latter of which has yet to come into force.

A key priority for the PSLRB is to continue to improve upon the delivery of its services by implementing a more streamlined, responsive and effective adjudication process, through ongoing consultations with its clients, as well as to explore innovative practices. Developing and promoting a variety of case management tools will also be critical to helping the PSLRB effectively manage its sizeable and increasingly complex caseload.

In light of the PSLRB's reputation for its mediation services, the organization will continue to assist the parties in dealing with issues arising from collective bargaining. Continued efforts will be made to nurture good labour relations through ongoing relationship building between the parties in preparation for the next round of collective bargaining. As well, the PSLRB will strive to promote an environment in which participants to a grievance mediation feel comfortable seeking support from PSLRB mediators to resolve their differences. Another activity that mediation services will continue to undertake is conducting two-and-a-half-day joint mediation training sessions. This initiative continues to be of interest to individuals from all sides working in and/or involved in the labour relations field.

Another priority for the PSLRB is to develop the necessary capacity and expertise to meet its responsibilities under the PSLRA. This will include developing a policy and an implementation plan and obtaining the necessary financial and human resources that will be required for the Compensation Analysis and Research Services unit to conduct compensation comparability studies to support the collective bargaining process.

As a key player in the administration of the PSLRA, another priority for the organization will be considering and determining its contribution in preparation for the fall 2010 legislative review of that Act.

Internally, the organization will undertake a variety of activities with the goal of improving its information technology/information management infrastructure in an effort to enhance its efficiency and effectiveness. This will include, but will not be limited to, enhancing its document and information management practices, determining the necessary technology to exchange electronic compensation data, which will be critical for its compensation studies, and implementing a new Case Management System to enhance its internal performance reporting.

As well, given the wave of individuals who are expected to retire from the federal public service, the PSLRB will face the challenge of attracting and retaining a skilled workforce by creating opportunities for internal mobility and by continuing to provide an ethical workplace in which people are valued.

I am pleased to note that I have been reappointed as Chairperson of the PSLRB for a three-year term, effective January 2, 2010. I look forward to continuing to lead an organization that is characterized by a professional, dedicated and highly respected workforce. I am confident that our efforts in the coming year will enable us to meet our key responsibilities and commitments.


Casper Bloom, Q.C., Ad. E.
Chairperson
Public Service Labour Relations Board



Section I - Departmental Overview

Raison d'être

The Public Service Labour Relations Board (PSLRB) is an independent quasi-judicial tribunal mandated by the Public Service Labour Relations Act (PSLRA) to administer the collective bargaining and grievance adjudication systems in the federal public service. It is also mandated by the Parliamentary Employment and Staff Relations Act (PESRA) to perform the same role for the institutions of Parliament.

The PSLRB is unique in that it is one of the few bodies of its type in Canada that combines both adjudication functions and responsibilities as an impartial third party in the collective bargaining process. Through its role in adjudicating grievances and complaints, mediating disputes, supporting the collective bargaining process, and performing compensation analysis and research, the PSLRB helps foster harmonious labour relations and good human resource management in the federal public service and Parliament. This benefits Canadians by supporting a productive and effective workplace that delivers government programs in the public interest.

Responsibilities

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

The PSLRB provides 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 a hearing; 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 managing the work of the PSLRB. The Executive Director and General Counsel is responsible for providing direction and supervision of the day-to-day operations of the PSLRB. He reports to the Chairperson and is supported by five directors who have direct responsibility and accountability for establishing priorities, managing the work and reporting on the performance of their specific units.

Full-time and part-time Board members are responsible for administering the PSLRA by conducting hearings across Canada and rendering decisions. They are appointed by the Governor in Council for terms of no longer than five years. They may be reappointed any number of times.

The PSLRA covers some 255 000 federal public service employees 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, the Office of the Conflict of Interest and Ethics Commissioner, and the Office of the Senate Ethics Officer). As well, under an agreement with the Yukon government, the PSLRB also 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, the PSLRB acts as the Yukon Teachers Labour Relations Board and the Yukon Public Service Labour Relations Board, respectively.

The mandate of the PSLRB has been further expanded as a result of transitional provisions in the Budget Implementation Act, 2009, which received royal assent on March 12, 2009. Section 396 of that Act calls upon the PSLRB to adjudicate complaints under the Canadian Human Rights Act (CHRA) that relate to wage differences between male and female employees that were before the Canadian Human Rights Commission when the Public Sector Equitable Compensation Act (PSECA) received royal assent. Part 11 of the Budget Implementation Act, 2009, also enacts the PSECA, which removes the public service from the application of the pay equity regime, currently found under the CHRA. While the PSECA will come into force on a date yet to be fixed by order of the Governor in Council, the PSLRB will need to invest significant efforts to prepare for the coming-into-force of that Act.

The PSLRB received more stable, long-term funding as a result of Budget 2009, which will improve its ability to fully implement the PSLRA in the years ahead, to carry out effective long-term planning and to make future commitments. However, additional resources over and above this funding will be required for the compensation comparability studies that will be undertaken by the PSLRB's Compensation Analysis and Research Services (CARS) unit to support the collective bargaining process. Those resources are still under review.

Strategic Outcome and Program Activity Architecture (PAA)

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.

Adjudication, Mediation and Compensation Analysis and Research-Harmonious Labour Relations in the Federal Public Service and in Parliament

Planning Summary


Financial Resources ($ thousands)
2010-11 2011-12 2012-13
13,654 13,665 13,665


Human Resources (Full-Time Equivalent — FTE)
2010-111 2011-121 2012-131
93 FTEs 100 FTEs 100 FTEs

1 Includes new positions already staffed or being staffed on an indeterminate basis to deliver the new legislative framework.

Planning Summary Table


Strategic Outcome: Harmonious Labour Relations in the Federal Public Service and Parliament
Performance Indicators Targets
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. 75%

The extent to which clients are satisfied with the PSLRB's services is provided in its Client Satisfaction Survey, which is conducted every three years. The survey helps identify areas for improvement. Some of the indicators used in the survey include the quality of assistance, reports and tools provided by the PSLRB, the overall quality of the PSLRB's website, and the timeliness and fairness with which clients' cases are resolved.

The next survey will be undertaken in 2010, the results of which will be reported in the Departmental Performance Report for 2010-2011.



Program Activity Forecast Spending
2009-10
Planned Spending Alignment to Government of Canada Outcomes
2010-11 2012-12 2012-13
Adjudication, Mediation and Compensation Analysis and Research1 8,992 9,711 9,717 9,717 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 area2 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.
Internal Services 4,488 3,943 3,948 3,948  
Total Planned Spending 13,480 13,654 13,665 13,665  
1 http://www.tbs-sct.gc.ca/est-pre/20102011/p2-eng.asp
2 http://www.tbs-sct.gc.ca/ppg-cpr/frame-cadre-eng.aspx

Contribution of Priorities to Strategic Outcome


Operational Priorities Type Links to Strategic Outcome(s) Description
Continue to improve service delivery   The PSLRB has one strategic outcome: harmonious labour relations in the federal public service and Parliament as mandated by the PSLRA and the PESRA and one program activity under which fall three distinct areas of service: adjudication, mediation, and compensation analysis and research.

Why is this a priority?

Continuing to improve service delivery remains a priority for the PSLRB as this ultimately fosters harmonious labour relations, resulting in an effective, productive federal public workforce. The end result is the effective delivery of government programs, which has a significant economic, social and cultural impact on Canadians from coast to coast.

The PSLRB's adjudication services contribute directly to harmonious labour relations in the federal public service and Parliament by continuing to be recognized by both labour and employer organizations as providing neutral and impartial decisions for grievances, complaints and other labour relations issues.

The PSLRB's mediation services contribute directly to this priority as they provide neutral and impartial assistance to parties in resolving their cases, thereby reducing the number of matters to be adjudicated and, in the process, helping to build on improving relationships.

Plans for meeting the priority

The PSLRB will continue to streamline its adjudication processes in consultation with the parties and explore innovative practices.

It will also continue to effectively manage its sizeable caseload and to reduce the amount of time it takes to complete case files through a variety of case management tools (e.g., fact-finding meetings and case management conferences, which can make hearings more efficient). In some instances, case management conferences can eliminate the need for an in-person hearing altogether.

The PSLRB's mediation services will continue to foster good labour relations through ongoing, informal relationship building between the collective bargaining parties. Efforts to promote an environment that allows the parties to seek support from PSLRB mediators, in order to help them share information in anticipation of the next round of bargaining, will remain on the agenda.

The PSLRB will also strive to achieve efficiencies by exploring targeted mediation sessions where multiple similar cases can be grouped together, the result of which will be a more effective and efficient process that could ultimately better reduce the ongoing caseload.

The PSLRB will also create a Client Consultation Committee to seek clients' views on its processes, practices, policies and rules as they relate to the PSLRB's adjudication and mediation services.

It is hoped that, through ongoing consultations, the PSLRB will gain insight into parties' views of how it can improve the delivery of its services. As a result, new priorities and/or changes to existing practices may be identified in the coming years.

  • implement a more streamlined, responsive and effective adjudication process
Previously committed to
  • establish a Client Consultation Committee to consult with clients on adjudication and case mediation services such as a means to address areas for improvement
New
Establish an equitable compensation capacity    

Why is this a priority?

On March 12, 2009, Parliament enacted the Public Sector Equitable Compensation Act (PSECA), which gives the PSLRB a central role in its application and enforcement. The PSLRB must be ready when that Act is proclaimed in force by Order in Council, which is expected to occur before the 2011 round of collective bargaining.

The PSLRB will continue its assessment and implementation plans for the PSECA, including developing the necessary knowledge, policy framework and procedures for handling equitable compensation matters.

Plans for meeting the priority

Although the PSECA is not yet in force, the PSLRB will need to develop the capacity and knowledge to administer that Act, including assessing and developing a policy and implementation plan and identifying resources and the associated funding requirements.

  • assess and develop policy direction and plan implementation of the PSECA
New
Prepare for legislative review New  

Section 252 of the PSLRA requires that it be reviewed five years after it came into force. As a result, a legislative review must be initiated by the designated minister and will take place in 2010.

Plans for meeting the priority

Although the PSLRB is not the lead in this initiative, it is an important player in the administration of the PSLRA. As such, it will consider and determine its contribution to the review process, given that it is a quasi-judicial tribunal that is independent of the government.




Management Priorities Type Links to Strategic Outcome(s) Description
Improve the PSLRB's IT/IM infrastructure Previously committed to Modern practices and systems will ensure that the PSLRB effectively manages its caseload and that it fulfills its responsibilities under the PSLRA, which contributes directly to harmonious labour relations in the federal public service and in Parliament.

Continued effort will be made to modernize the PSLRB's current IM and IT systems and applications, including reviewing and assessing document management tools, in an effort to enhance the efficiency and effectiveness of the PSLRB.

Plans for meeting the priority

The PSLRB will undertake the following activities:

To prepare for its next compensation comparability study, the CARS unit will need to establish the capacity to receive confidential information through a secure channel on the PSLRB's website.

Given the nature of the PSLRB's work, it is essential that its information is efficiently managed, stored and retained. Enhancing its effectiveness in this area will facilitate access to, and the retrieval of, information, as well as ensure that personal information is adequately protected. As such, the PSLRB plans to review its information management practices and tools, which will be particularly important since the PSLRB plans to undertake a compensation study that will involve collecting large amounts of sensitive data and documentation.

It is anticipated that the first phase of the implementation of the PSLRB's electronic Case Management System (CMS) will take place in spring 2010 and that it will include support for all phases of the rollout, as follows: the different modules and tools required to improve electronic access to, and management of, case information; tracking and follow-up of cases; security of information management; and access to documents. Most important is that the system will provide the PSLRB with enhanced performance data and measurement capabilities.

With the implementation of a new CMS, the PSLRB will continue to enhance its internal performance reporting. As such, a performance dashboard is to be developed and proposed to the Executive Committee following the stabilization of the new system.

This data will provide the PSLRB with regular performance information from which it may identify areas or bottlenecks in processing, identify trends, and react quickly to a changing environment.

  • technology to enable the exchange of electronic compensation data
New
  • document and information management
New
  • rollout of new Case Management System
Previously committed to
  • performance dashboard
New

Risk Analysis

Over the past several years, the PSLRB's mandate has been expanded as a result of legislative changes. Following several years of one-time allocations to fund these activities, the PSLRB received ongoing funding via Budget 2009 in support of public service modernization. However, with respect to its Compensation Analysis and Research Services, the PSLRB is facing the challenge of developing the methodology and initiating field work for a public-service-wide, market-based compensation comparability study. Furthermore, as explained earlier in this Report on Plans and Priorities, the PSLRB has been tasked, via the Budget Implementation Act, 2009, with additional responsibilities under section 396 of that Act and the Public Sector Equitable Compensation Act (PSECA), including the mandate to deal with existing pay equity complaints and future complaints that may arise under the PSECA. In both cases, the resource implications related to delivering on these aspects of its mandate remain to be determined.

Delivering unacceptable compensation information or not delivering compensation information under the PSECA is also a risk. As previously identified, to deliver compensation information in a timely manner under that Act, the PSLRB will need to develop the capacity, including an appropriate and sustainable approach to carry out its dual set of responsibilities under that Act, when it eventually comes into force.

The PSLRB has already put in place several secure systems to manage its compensation study activities to date. As new and more robust systems are developed to accommodate larger-scale studies, the CARS unit will work with information technology experts to ensure the highest possible levels of security to protect the confidentiality of all the data in its possession. This will include creating secure channels and procedures to exchange and process respondent data.

Another ongoing risk is having an insufficient number of Board members to handle the PSLRB's caseload. Without a full complement of Board members, the PSLRB's ability to deal with its caseload effectively and expeditiously is diminished. Planning strategies and effective and timely communications with the Minister's office and the Privy Council Office are required to minimize the impact of vacancies and to ensure that they are filled as quickly as possible.

The non-implementation of the PSLRB's electronic CMS could make it more challenging for it to effectively manage its sizeable and increasingly complex caseload. However, as previously noted, the PSLRB anticipates that it will implement its CMS in spring 2010.

Finally, the PSLRB faces the challenges of recruiting and retaining a workforce with the required expertise and replacing people who leave the office in a timely manner. The PSLRB has developed a comprehensive human resources and staffing strategy to address the need to attract and retain a skilled workforce.

Expenditure Profile

The figure below illustrates the PSLRB's spending trend from 2006-07 to 2012-13. For the 2006-07 to 2008-09 periods, the total spending includes all Parliamentary appropriation sources: Main Estimates, Supplementary Estimates and transfers from Treasury Board Votes and includes carry-forward adjustments. For the 2010-11 to 2012-13 periods, the total spending corresponds to the planned spending. As identified in the risk analysis section of this report, even though the PSLRB received additional funding as a result of Budget 2009, more resources will be required to conduct the CARS surveys and studies and potentially to enable the PSLRB to deal with cases arising from its new responsibilities under section 396 of the Budget Implementation Act, 2009, and the PSECA. The resources required to deliver those in the longer term are still under review.

Departmental Spending Trend

Expenditure Profile - Spending Trend Graph

[D]


Voted and Statutory Items displayed in the Main Estimates
($ thousands)
Voted & Statutory Item Public Service Labour Relations Board 2009-10
Main Estimates
2010-11
Main Estimates
100 Program expenditures 6,071 12,401
(S) Contributions to employee benefit plans 750 1,253
Total 6,821 13,654