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Chairperson’s Message

As Chairperson of the Public Service Labour Relations Board (PSLRB), I am pleased to present our Report on Plans and Priorities for 2011-12.

The PSLRB is an independent, quasi-judicial tribunal that administers the collective bargaining and grievance adjudication systems in the federal public service and in Parliament. It offers three main services: adjudication, mediation, and compensation analysis and research. As well, under section 396 of the Budget Implementation Act, 2009, the PSLRB is responsible for dealing with pay equity complaints filed by, or on behalf of, groups of employees, pursuant to the Canadian Human Rights Act.

The annual planning cycle provides the PSLRB with an opportunity to reflect upon our past accomplishments and progress and to seek ways to further refine and improve our practices. This report chronicles our plans for the coming year, including the priorities that will ensure that we continue to meet our statutory responsibilities and in turn contribute to a productive and efficient workplace.

As in previous years, a key priority for the PSLRB will be to continue to improve service delivery to our clients by implementing more streamlined, responsive and effective adjudication and mediation processes. This will involve leveraging our Client Consultation Committee to help us to identify ways to improve our efficiency. Through the Committee, we will also discuss solutions and/or changes to our or the parties’ practices and processes that would improve how we manage our sizeable and complex caseload.

In the coming year, the PSLRB will also continue its work to implement the Compensation Analysis and Research Services program. This initiative will build upon two important studies that were conducted by the PSLRB in 2008.

The PSLRB’s statutory mandate has continued to expand in recent years as a result of several legislative initiatives. In that vein, we will continue to prepare for the coming into force of the Public Sector Equitable Compensation Act (PSECA) by assessing its impact on our operations and resources. Specifically, we must identify the required expertise, resources and funding and develop a policy and implementation plan that will enable us to manage equitable compensation matters.

As well, Bill C-43, an act to enact the Royal Canadian Mounted Police Modernization Act, was tabled in Parliament in June 2010 and is currently being debated. The PSLRB needs to assess the implications that this legislation would have on its resources and to prepare for its coming into force, should the Bill be supported and passed by Parliament.

Another priority is to continue to improve our information technology and information management infrastructures to ensure that we have the necessary systems and applications in place to effectively manage our caseload and the ability to efficiently access, manage, store and retain a broad range of information.

Finally, we will continue to integrate our comprehensive human resources plan, which includes staffing strategies that address recruitment, retention and succession planning, into our yearly strategic planning exercise. This will ensure that we continue to attract and retain a highly professional workforce with diverse skills and expertise.

I am very proud of my colleagues and all employees of the PSLRB for their accomplishments. I am confident that their ongoing dedication and commitment to excellence will enable us to continue to meet our responsibilities with the highest degree of efficiency.

Section I: Departmental Overview

Raison d’être

Responsibilities

The PSLRB came into being on April 1, 2005, with the enactment of the PSLRA. The PSLRB 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’s three main services are as follows:

• 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 - compiling, analyzing and disseminating information on employee compensation to support the 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 the direction for and the supervision of the daily operations of the PSLRB. Reporting to the Chairperson, he 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 by rendering decisions at those hearings. Appointed by the Governor in Council for terms of no longer than five years, they may be reappointed.

The PSLRA covers some 250 000 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.

As well, the mandate of the PSLRB has been further expanded as a result of transitional provisions under section 396 of the Budget Implementation Act, 2009. Specifically, the PSLRB is responsible for dealing with existing pay equity complaints for the public service that were and could be filed with the Canadian Human Rights Commission and with those that may arise in the future 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 and resources to prepare for the coming into force of that Act.

Strategic Outcome and Program Activity Architecture (PAA)

The PSLRB has one strategic outcome: the resolution of labour relations issues in the federal public service and in Parliament in an impartial manner, and one program activity: adjudication, mediation, and compensation analysis and research. This contributes to a productive and efficient workplace that ultimately benefits Canadians through the smooth delivery of government programs and services.

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PAA Crosswalk

It should be noted that the above strategic outcome for the PSLRB was recently modified in consultation with the Treasury Board of Canada Secretariat. The modification more accurately conveys the PSLRB’s strategic outcome and makes it more measurable. The PSLRB’s previous strategic outcome follows for comparison purposes.

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Planning Summary

Financial Resources ($ Thousands)

2011–12	2012–13	2013–14
13,749	13,749	13,749

Human Resources (Full-time Equivalent - FTE)

2011–12	2012–13	2013–14
93	93	93

Strategic Outcome: Resolution of Labour Relations Issues in the Federal Public Service and in Parliament in an Impartial Manner

Performance Indicator	Targets
Percentage of clients who are satisfied with the impartiality of the PSLRB’s services	75% The extent to which clients are satisfied with the PSLRB’s services is provided through its Client Satisfaction Survey, which is conducted every three years. The most recent survey was conducted in 2010, the results of which will be reported in the Departmental Performance Report for 2010-11.
Percentage of collective bargaining mediations that reduce or fully resolve outstanding issues	75%

Program Activity	Forecast Spending 2010–11	Planned Spending			Alignment to Government of Canada Outcomes
		2011–12	2012–13	2013–14
Adjudication, Mediation, and Compensation Analysis and Research1	8,558	9,780	9,780	9,780	As a quasi-judicial tribunal operating in the area of labour relations, the strategic outcome and program activity of the PSLRB are aligned with the Government of Canada’s Government Affairs Outcome Area.2 The resources allocated to the PSLRB contribute to supporting well-managed and efficient government operations.
Total Planned Spending		9,780	9,780	9,780
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

Internal Services

Internal Service	Forecast Spending 2010–11	Planned Spending
		2011–12	2012–13	2013–14
	3,903	3,969	3,969	3,969

Contribution of Priorities to Strategic Outcome

Operational Priorities	Type	Links to Strategic Outcome	Description
Continue to improve service delivery Continue to implement more streamlined, responsive and effective adjudication and mediation processes	Previously committed to	The PSLRB has one strategic outcome: the resolution of labour relations issues in the federal public service and in Parliament in an impartial manner as mandated by the PSLRA and the PESRA, and one program activity with three distinct services: adjudication, mediation, and compensation analysis and research.	Why is this a priority? Continuing to improve service delivery remains a priority for the PSLRB as it contributes to a productive, efficient workplace that is free from service disruptions. Ultimately, Canadians receive programs and services that provide economic, social and cultural benefits. Plans for meeting the priority The PSLRB will continue to streamline its adjudication and mediation processes in consultation with the parties through its Client Consultation Committee, including seeking ways to schedule larger numbers of mediation cases. It will also strive to manage its sizeable and increasingly complex caseload by introducing new processes (e.g., addressing large numbers of similar grievances by grouping them together) and to reduce the amount of time it takes to complete case files through several case management tools, such as pre-hearing conferences and fact-finding meetings.
Prepare for legislative changes Continue to establish an equitable compensation capacity	Previously committed to		Why is this a priority? In 2009, Parliament enacted the PSECA, which gives the PSLRB a central role in its application and enforcement. The PSLRB must be ready when the Act is proclaimed in force by an Order in Council, which is expected in 2011. 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 the Act, including assessing and developing a policy and implementation plan and identifying resources and the associated funding requirements.

Management Priorities	Type	Links to Strategic Outcome	Description
Continue to improve the PSLRB’s infrastructure acquire and implement a new case management system	Previously committed to	Modern practices and systems will ensure that the PSLRB effectively manages its sizeable and increasingly complex caseload and that it fulfills its responsibilities under the PSLRA. This will in turn contribute to a productive and efficient workplace and will ensure the smooth delivery of government programs and services to Canadians.	Why is this a priority? Modernizing the PSLRB’s IT and IM systems and applications will include reviewing and assessing document management tools, improving access to, and the management of, case information, and reporting on the PSLRB’s performance. Plans for meeting the priority The PSLRB will acquire and implement a new commercial off-the-shelf (COTS) case management system to provide enhanced performance data and reporting capabilities.
enhance the document and information management strategy and the associated infrastructure and capacity	Previously committed to		Given its mandate, it is critical that the PSLRB enhance its capacity to efficiently manage, store and retain its information assets by developing an information strategy and implementation plan that will include standardized classification, storage and retention practices. Plans for meeting the priority The PSLRB will undertake a comprehensive review of its existing document classification structure and management system, as well as the related policies, standards, guidelines and business processes. It will also develop an IM strategy that will include a plan and staff training.
address accommodation shortfalls	New		Over the past several years, the PSLRB’s mandate has been expanded as a result of legislative changes. In particular, the Compensation Analysis and Research Services (CARS) has been mandated to deliver market-based comparability studies for occupations within the federal public service. As well, pending the additional responsibilities that the CARS would require as a result of the PSECA, the PSLRB must assess the additional resources — both financial and people — that will be needed to meet its mandated responsibilities. Plans for meeting the priority The PSLRB will review its accommodation entitlements with a view to optimizing its existing office space, identify functional space requirements and assess short-term accommodation options. It will also develop an implementation plan with Public Works and Government Services Canada as required.
Integrate human resources planning into strategic planning	Ongoing		Plans for meeting the priority Each year, the PSLRB updates its comprehensive human resources plan, including staffing strategies, to address recruitment and retention and succession planning. The plan is linked to the PSLRB’s mandate and to the commitments identified in its Report on Plans and Priorities. The principles and practices of the plan are incorporated into divisional work plans. All human resources issues are discussed at the yearly strategic planning session with a view to setting the HR direction for the next year.

It should be noted that the PSLRB is cognizant of the government’s commitment to return to a balanced budget and of the cost-containment measures outlined in Budget 2010, including the Directive on the Management of Expenditures on Travel, Hospitality and Conferences, effective January 1, 2011. In keeping with this, the PSLRB will continue to monitor and manage its financial resources with the highest degree of prudence and probity.

It should also be recognized that the PSLRB’s status as a quasi-judicial tribunal places some constraints on the processes it may choose to deal with its caseload. Accordingly, the PSLRB will continue to implement appropriate measures that are designed to contain expenditures in those particular areas, while ensuring that it meets its statutory obligations as an expert labour tribunal that hears or mediates cases throughout Canada, and that provides the parties and the public with compensation information that originates from private and public organizations from coast to coast.

Risk Analysis

As reported in the PSLRB’s 2010-11 Report on Plans and Priorities, the expansion of the PSLRB’s mandate in recent years as a result of legislative changes, particularly with respect to the CARS, presents significant challenges for the organization. While the PSLRB has undertaken preparatory work for its national compensation comparability study, which was postponed until 2011 as a result of the Expenditure Restraint Act, the uncertainty of the Government’s current fiscal situation represents a risk to the PSLRB to advance this project further.

To date, the CARS has worked to strengthen this capacity.

Another issue that could present a potential risk for the PSLRB is Bill C-43, the Royal Canadian Mounted Police Modernization Act, which, if it comes into force, would further expand the PSLRB’s mandate. Specifically, Bill C-43 sets out a collective bargaining and a new grievance adjudication framework for members of the RCMP. It confers on the PSLRB the responsibility to administer the Act, along the lines of its current mandate under the PSLRA, through the provision of adjudication, mediation and compensation analysis and research services to the parties under that Act.

While it is too early to identify with any degree of certainty the implications of the proposed legislation on the PSLRB and its operations, the PSLRB is assessing the additional potential caseload to determine the appropriate level of resources (i.e., operational funds, staff and Board members) that would be required to efficiently carry out this new mandate.

In fall 2010, the PSLRB decided to change its strategic direction from seeking a highly customized electronic case management system to a COTS product. The fact that the PSLRB has not implemented a new electronic case management system to date poses a potential risk, given that the current system is becoming dated and that it may not be supportable when the PSLRB migrates to a new information technology platform. Acquiring a new system, which has been previously identified in this Report on Plans and Priorities, is necessary and critical to the PSLRB’s continued success in effectively managing its caseload as it will help the organization to better assess the type of cases it receives and to group them in a manner that will allow them to be more effectively addressed. It is anticipated that a COTS product that meets the PSLRB’s needs could be implemented by the end of 2011 or in early 2012. Once in place, the system will provide the PSLRB with enhanced performance data measurement and reporting capabilities.

Finally, an insufficient number of Board members to handle its caseload could affect the quality of service that the PSLRB provides. The size and greater complexity of the PSLRB’s caseload, due to an increase in the number of grievances and unfair labour practice complaints raising human rights issues, as well as an increasing number of self-represented parties, require more time and case management efforts from Board members. Without a full complement of Board members, the PSLRB’s ability to deal with its caseload effectively and efficiently could be affected. To minimize the impact of vacancies and to ensure that they are filled as quickly as possible, the PSLRB will continue to ensure that there is ongoing communications with the Minister’s office and the Privy Council Office.

Expenditure Profile

In 2011-12, the PSLRB plans to spend $13.7 million to meet the expected results of its program activity and its strategic outcome. Through the Budget Implementation Act, 2009, the PSLRB was provided with more stable and permanent funding to enable it to carry out its statutory mandate. As identified in the risk analysis section of this report, resources required to deliver on the CARS’ surveys and studies and to deal with cases arising from the PSECA and Bill C-43 are still under review.

The following figure illustrates the PSLRB’s spending trend from 2007-08 to 2013-14. For the 2007-08 to 2009-10 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 2011-12 to 2013-14 periods, the total spending corresponds to the planned spending.

Departmental Spending Trend

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Estimates by Vote

For information about the PSLRB’s organizational votes and/or statutory expenditures, please see the 2011-12 Main Estimates publication. An electronic version of the Main Estimates is available at http://www.tbs-sct.gc.ca/est-pre/2011-2012/me-bpd/info/info-eng.asp.

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