ARCHIVED - Canada Industrial Relations Board - Report

• Previous Page
• Table of Contents
• Next Page

This page has been archived.

SECTION II: ANALYSIS OF PROGRAM ACTIVITY BY STRATEGIC OUTCOME

Strategic Outcome and Program Activities

The following section describes the CIRB's program activities and identifies the expected result, performance indicators and targets for each activity. This section also explains how the CIRB plans to meet the expected results and presents the financial and non financial resources that will be dedicated to each program activity.

This section will contain a discussion of plans surrounding the following program activities:

• Adjudicative and Dispute Resolution Program
• Internal Services

The Board has only one key operational program activity—the Adjudicative and Dispute Resolution Program. The second program activity of the Board is to provide the internal support required to carry out the Board's primary program.

Through its primary program, the CIRB resolves labour relations issues by exercising its statutory powers relating to the application and interpretation of Part I (Industrial Relations), and certain provisions of Part II (Occupational Health and Safety) of the Code. Activities include the granting, modification and termination of bargaining rights; the investigation, mediation and adjudication of complaints alleging violation of Part I of the Code; the determination of essential services; the exercise of ancillary remedial authority; the exercise of cease and desist powers in cases of unlawful strikes or lockouts; the settlement of the terms of a first collective agreement. The secondary program activity involves the provision of administrative services required to support these activities.

Information on both activities is provided in the tables below.

Planning Highlights

The complexity and implications of the issues facing federally regulated employers and unions require the Board to judiciously apply a wide range of knowledge and skills in diverse industrial relations, labour law and administrative law contexts. The relatively stable economic environment that prevailed before the start of the current recession had resulted in a decrease in the number of cases coming before the Board. However, under the current environment, that situation has changed somewhat as we will see below. Recent reports of a 40% increase in corporate mergers and acquisitions² will undoubtedly affect the type of cases the Board will receive, and it is also possible that the number of unfair labour practice complaints will rise as a result of difficulties at the bargaining table.

Typical issues of continuing concern to the Board include:

• the acquisition and exercise of free collective bargaining rights, and the promotion of sound labour-management relations in a fair and transparent manner;
• the need to ensure that collective bargaining between employers and unions is conducted fairly and in good faith;
• determination of the levels of services required to be maintained during a work stoppage to ensure the protection of the health and safety of the Canadian public;
• the prompt consideration of situations in which illegal work stoppages are alleged;
• the need to assist companies and unions in resolving the labour relations implications of corporate mergers and acquisitions—including the determination of appropriate bargaining unit structures and representation rights.

The Board's foremost priority remains the efficient and effective delivery of its statutory mandate as set out in the Code, while being both transparent and accountable in its decision making process. The Board continually monitors and adjusts its processes in order to respond to workload demands.

Within this context, the Board's three main operational priorities in the coming years are to maintain the momentum of the past few years and continue reducing the case processing times; focus on successful resolution of labour relations problems through appropriate dispute mechanisms; and continue with its formal and informal consultations and engagement with the labour relations community.

To deliver on these priorities, and in consultation with the client community, the Board will complete a review of its Regulations and seek effective and efficient ways of handling applications and complaints, including exploring opportunities to further reduce case processing and disposition time. It will also increase its emphasis on proactive mediation of complaints by regional staff and Board members. In addition, it will continue to develop and disseminate regular CIRB updates to the labour community.

It is expected that the achievement of these priorities will simplify and/or shorten case processing measures, which will increase the number of matters that can be disposed of with a limited adjudicative capacity, thus enhancing effectiveness and efficiencies.

The Board will continue to endeavour to provide timely and legally sound decisions that are consistent across similar matters, in order to establish strong and clear jurisprudence, which in turn should reduce the likelihood of demands for reconsideration, as well as reducing the likelihood of applications to the Federal Court of Appeal for judicial review.

Analysis

Volume of Matters
Since the beginning of the recent economic recession, the number of applications/complaints received by the Board has remained relatively constant. In 2010–11, the number of incoming matters is expected to reach 682 compared to 695 in the previous fiscal-year (see Chart 1). While higher than the levels recorded in 2006–07 and 2007–08, this is nevertheless below the average of 902 over the 2000–01 to 2004–05 period.

With respect to the types of application/complaints received by the Board in 2010–11, there are significantly more applications for certification (up by 17) and an increase in applications for a declaration of an unlawful strike or lockout (up by 9). There are also proportionally more requests for the determination of a single employer, complaints related to the safety of employees under Part II of the Code, and DFR complaints. Alternatively, we expect far fewer applications for review (down by 30), including reconsiderations.

Disposition of Matters
The Board is expected to resolve 709 matters in 2010–11, about the same as in the previous fiscal-year (see Chart 1). Compared to 2009–10, there are significantly more applications for certification disposed (up by 23) and a greater number of single employer applications resolved (up by 14). Applications for a declaration of an unlawful strike or lockout, complaints related to the safety of employees under Part II of the Code, and bargaining unit structure reviews also represent a higher proportion of disposed matters than in previous years. Alternatively, there were fewer DFR complaints resolved (down by 31), as well as applications for reconsideration (down by 13).

It should also be noted that applications for the determination of a single employer and bargaining unit structure reviews, which increased in 2010–11, are considered complex matters, along with sale of business and maintenance of activities applications. These matters typically involve numerous sections of the Code as well as Charter issues. They are both lengthier to process and require more of the Board's resources for their disposition.

Given the volume of incoming and resolved matters, the number of pending cases is expected to fall to 400 at the end of March 2011, compared to 426 the previous year (see Chart 1). This represents the lowest level of pending matters since 1986–87.

It should also be noted that the Regulations stipulate that certain types of matters require priority attention. These cases include requests for an interim order/decision, requests to file Board orders in Court, referrals to the Board by the Minister of Labour relating to the maintenance of activities during a legal work stoppage, applications alleging an invalid strike or lockout vote, applications for a declaration of unlawful strike or lockout, and unfair labour practice complaints alleging the use of replacement workers and dismissal for union activities. These types of matters are processed on an expedited basis. During the planned review of the Regulations, the Board will consider whether any other types of applications should be subject to expedited procedures.

Processing and Disposition Time
The time required to process a file—the time spent opening, investigating, mediating, hearing, and deciding a case—is expected to drop significantly in 2010–11, to an average of 178 calendar days compared to 231 days in 2009–10 and 312 days in 2008–09.

The principal reason for the decrease in processing time is related to the resolution of a large number of backlog cases involving DFR complaints. Prior to 2007–08, DFR complaints were often set aside when more urgent matters arose. As a result, the CIRB had accumulated a significant backlog of DFR complaints, and the proportion of all pending matters grew from 25.6% in 2002–03 to almost 43% at the end of 2006–07. The CIRB decided to seriously address this DFR backlog in 2007–08 and 2008–09. Also, the Board adopted measures to process this type of complaint more efficiently. Consequently, DFR complaints now represent 22% of all pending matters and their average processing time has declined from 459 days in 2008–09 to 221 days in 2010–11.

Other than DFR complaints, there were significant declines in the processing time of many other types of applications/complaints, most notably applications for certification and reviews.

One component of the overall processing time is the length of time required by a Board panel³ to prepare and issue a decision, following the completion of the investigation and/or hearing of a matter. A panel may decide a case without a hearing on the basis of written and documentary evidence, such as investigation reports and written submissions, or may defer the decision until further evidence and information is gathered via an oral hearing.

Section 14.2(2) of the Code requires that a panel must render its decision and give notice of it to the parties no later than ninety days after the day on which it reserved its decision or within any further period that may be determined by the Chairperson. The Board's objective is to achieve compliance with the ninety-day time limit in a majority of the cases requiring written reasons for decision. In this respect, the Board will achieve its objective in 2010–11, as the average decision-making time is expected to drop to below 65 days, compared to 94 days in 2009–10.

Written Decisions
The Board issues detailed Reasons for decision in matters dealing with significant labour management issues and/or those with significant jurisprudential importance. In other matters, concise "letter decisions" help expedite the decision-making process, thereby providing more timely industrial relations outcomes for parties. The Board strives to provide timely and legally sound decisions that are consistent across similar matters in order to establish strong and clear jurisprudence. In 2010–11, the Board is expected to render 287 written decisions, about the same as in 2009–10.

Benefits for Canadians

The impact of the work of the Board can be both broad-ranging and significant. The Board's decisions and mediation efforts often affect, in very tangible ways, the working lives of thousands of Canadians, the economic position of leading Canadian corporations, and the general well-being of the Canadian public. When the Board receives an application or complaint, it is usually because there is some form of unresolved conflict or problem that the parties themselves have been incapable of resolving on their own. By resolving the matter, through mediation or by issuing a decision, the Board effectively and directly contributes to improved labour management relations in that enterprise.

However, the Board also contributes to effective industrial relations in the federal jurisdiction generally. Each time it issues a decision, the Board adds to its growing jurisprudence, which is widely disseminated to the industrial relations community. Clear and consistent jurisprudence provides an environment where potential litigants are more likely to resolve matters on their own than to bring the matter before the Board.

Planning Highlights

The Internal Services program activity supports the CIRB's strategic outcome. It consists of the groups of activities and resources that are administered to support the needs of programs and other corporate obligations of the CIRB, including Central Agency requirements. These groups are: management and oversight services; human resources services; financial and administrative services (including facilities, materiel and procurement services); information management services; and information technology services.

Benefits for Canadians

Specific benefits to Canadians include the following:

• resources effectively support the delivery of the CIRB's program and corporate obligations; and
• human, material and financial resources are utilized in the most economical, efficient and effective manner.

• Previous Page
• Table of Contents
• Next Page