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Message from the Chairperson

I am pleased to present to Parliament and to Canadians the Canada Industrial Relations Board’s Report on Plans and Priorities for fiscal year 2012–13.

The Canada Industrial Relations Board (the CIRB or the Board) is an administrative tribunal created pursuant to the Canada Labour Code, Part I–Industrial Relations. It exercises authority and jurisdiction over a wide range of workplace disputes in the federally-regulated private sector. The Board’s first priority in all cases is to assist the parties in the expeditious, practical and effective resolution of their dispute.

The number of incoming matters over the last year has remained constant despite the economic challenges that Canada is facing and the ensuing uncertainty that this creates for businesses and their employees. In the last year, the Board maintained its rate of disposition and the pending caseload remains stable and at its lowest levels. It should be noted that of the total number of pending matters, only 9% have been pending for more than 24 months. This represents extraordinary progress compared to just four years ago, when approximately 25% of matters had been pending for more than 2 years. We are encouraged by the results achieved through our sustained efforts to streamline our processes and assist parties in resolving issues constructively and avoiding litigation.

In 2012, we celebrate 40 years of constructive labour relations in the federal private sector. Significant amendments to the Canada Labour Code were enacted in 1972 that laid the foundation for a new era of labour relations in the federal private sector. The “new” Code created an independent, full-time, quasi-judicial tribunal responsible for promoting and contributing to effective labour-management relations and the constructive settlement of disputes. Forty years later, I am privileged to lead this distinguished institution and to work with a team of dedicated Vice-Chairs, Members and staff to support and build positive working relationships in Canadian workplaces.

Section I: Organizational Overview

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, determination of 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
• 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 by emphasizing initiatives that build positive working relationships and support stable labour-management relations.

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 one part-time Vice-Chairpersons, and five 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 four regional offices located in Dartmouth, Montréal, Toronto and Vancouver, with two satellite offices, one in Ottawa and another 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.

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, the CIRB has a single strategic outcome and two program activities.

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Organizational Priorities

Operational Priority	Type1	Strategic Outcome(s) and/or Program Activity(ies)
Expeditious and fair resolution of applications and complaints	Ongoing	This priority is linked to our sole strategic outcome: Effective dispute resolution services that support constructive labour-management relations in sectors regulated by the Canada Labour Code And directly linked to our main program activity: Adjudicative and Dispute Resolution Program
Description
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 The CIRB will continue to focus its efforts on maintaining its current rate of disposition of new cases so as to ensure that a backlog does not recur. This will be achieved through effective case management and proactive mediation assistance at all stages of a case. The Board will also continue its review of the Canada Industrial Relations Board Regulations, 2001 in order to make them more clear, modern and practical and further improve the management of matters coming before the Board for determination.

Operational Priority	Type	Strategic Outcome(s) and/or Program Activity(ies)
Successful resolution of labour relations problems through appropriate dispute resolution mechanisms	Ongoing	This priority is linked to our sole strategic outcome: Effective dispute resolution services that support constructive labour-management relations in sectors regulated by the Canada Labour Code And directly linked to our main program activity: Adjudicative and Dispute Resolution Program
Description
Why is this a priority? Being responsive to the community needs and addressing underlying labour relations issues contributes to strong labour-management relations that benefit our country’s economic prosperity and the economic security of Canadians. Plans for meeting the priority The CIRB will continue to proactively seek resolution of matters that best meets the needs of the parties to a dispute through mediation assistance by regional staff and Board members. It will also refine its tracking mechanisms to better capture and report on the success of the Board’s mediation services.

Priority	Type	Strategic Outcome(s) and/or Program Activity(ies)
An involved and well-informed labour relations community	Ongoing	This priority is linked to our sole strategic outcome: Effective dispute resolution services that support constructive labour-management relations in sectors regulated by the Canada Labour Code And directly linked to our main program activity: Adjudicative and Dispute Resolution Program
Description
Why is this a priority? Client focused services continue to be an important objective of the federal government. Consultations with the labour relations community will continue to be a priority for the CIRB to ensure that its plans and activities are aligned with the needs of the community. Plans for meeting the priority The CIRB will continue to develop and disseminate regular updates to the labour relations community through its semi annual newsletter. It will also lead initiatives that bring together labour and management representatives in forums that allow for productive and positive dialogue on current economic challenges and opportunities.

Management Priority	Type	Strategic Outcome(s) and/or Program Activity(ies)
Enhanced electronic case management capabilities	Previously committed to	This priority is linked to our sole strategic outcome: Effective dispute resolution services that support constructive labour-management relations in sectors regulated by the Canada Labour Code And directly linked to two program activities: Adjudicative and Dispute Resolution Program and Internal Services
Description
Why is this a priority? It is essential to the CIRB’s ability to deliver on its mandate economically, efficiently and effectively, that it embrace and maximise new technologies with a view to improving document and information management and delivery of services. Plans for meeting the priority The CIRB has completed the implementation of e-faxing capability, allowing it to move forward with the development of electronic workflows and imaging. In conjunction with a Treasury Board Secretariat (TBS) led initiative, the CIRB is currently assessing a limited number of COTS case management systems that will enable it to manage its case files electronically. Over the coming year, efforts will be deployed to develop strategies and business processes that will ensure the successful transition to electronic case management.

Risk Analysis

The CIRB is a low risk agency. Approximately four fifths (81%) of its $13 million in appropriated funds is expended on salaries and benefits. Of the remaining $2.5 million in Operations and Maintenance (O&M), 78% is spent on travel and professional services, and is largely related to the processing of cases such as travel to external hearings, temporary rental of hearing rooms, interpretation services and translation of Board decisions. The Board adheres to Treasury Board policies for expenditures of its O&M budget and an audit conducted by the Office of the Comptroller General in the Spring of 2011 confirmed that the Board’s core controls over financial management are effective and generally executed in compliance with TBS policies and directives.

Unpredictable Case Load

The Board is a demand-driven organization in that the CIRB’s sole function is to respond to the matters referred to it by unions, employers, individual employees and the Minister of Labour.

The Board’s workload is a function of many variables, but the economic environment and the collective bargaining cycle are key determinants of the types of cases submitted to the Board. Organizational change and corporate restructuring driven by demands for improvements in productivity may lead to labour unrest and result in complaints of unfair labour practices (ULP). Corporate mergers and acquisitions tend to increase the demand for bargaining unit reviews and requests for the determination of a single employer and of a sale of business. 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 DFR) 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.

The state of the economy can affect the nature of the demand for Board services and the absolute number of incoming applications and complaints. A significant increase in the incoming number of complex matters would severely affect the Board’s ability to meet its strategic outcome. The CIRB’s ongoing challenge in this context is to effectively monitor shifting workload demands and to reallocate its resources quickly where needed to ensure timely and seamless delivery of services across the country.

Processing Time

The Board’s largest strategic risk is associated with the number of applications and complaints it receives in a given year, combined with its ability to maintain a rate of disposition that prevents the accumulation of a backlog of cases. In order 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 implemented new procedures for the processing of certification applications and DFR complaints over the last few years that had the effect of significantly reducing the disposition time of these types of matters.

Over the next year, the CIRB also intends to complete the review of the Canada Industrial Relations Board Regulations, 2001 the Regulations), in order to make them more clear, modern and practical and ensure the effective and efficient handling of applications and complaints. It is expected that these mitigating strategies will enhance the Board’s ability to manage its caseload effectively and enable it to achieve its strategic outcome.

Credibility

The Board’s ability to carry out its mandate is predicated on the quality of its work and its reputation as an expert, impartial and effective dispute resolution agency. A second strategic risk to the Board involves the perception that the client community has of the Board and its work and the impact that that could have on the Board’s credibility. In order to address this risk, the Board is committed to maintaining open communications with the client community through its Client Consultation Committee. It will continue to consult its clients on its performance and on the development of policies and practices.

The Board will also promote greater transparency and accessibility by communicating its jurisprudence and performance results in a timely fashion through a variety of information dissemination methods. It is also the Board’s intention to continue its outreach initiatives in order to ensure that it remains responsive to the needs of the labour-management client community. It will continue to distribute a bi-annual Newsletter by which the community is kept informed of the Board’s performance with respect to processing times and any new initiatives or policies that may impact the processing of matters before the Board.

Capacity to deliver on Multiple Initiatives

The Board, like other small departments and micro-agencies, continually faces pressure to respond to, or implement various government-wide corporate management initiatives. However, the CIRB’s limited resources are first and foremost dedicated to its core mandate of delivering fair and timely dispute resolution services to its client community. It is often a challenge to build and retain specialized skills and knowledge in areas that are not central to the Board’s mandate but critical to meeting the expectations of central agencies in various areas of corporate services.

The Board also has to manage its operating and salary budget in line with budget restraints, which are likely to remain in place for several years. The CIRB will continue to seek horizontal opportunities and interdepartmental partnerships in order to achieve efficiencies and ensure it delivers on its mandate on a fiscally sound and sustainable basis. The CIRB will also participate in the TBS-led initiatives aimed at identifying and contracting for a common case management system. The CIRB believes this approach will build on synergies between similar organizations and mitigate the pressures associated with an aging system and its costly renewal.

Planning Summary

Financial Resources ($ thousands)

2012–13	2013–14	2014–15
$12,994	$12,994	$12,994

Human Resources (FTEs)

2012–13	2013–14	2014–15
104	104	104

Strategic Outcome: Effective dispute resolution services that support constructive labour management relations in sectors regulated by the Canada Labour Code

Performance Indicators	Targets
Number of applications/complaints resolved as a percentage of applications/complaints received during the year	100%
Percentage of clients that are satisfied with the CIRB case management practices, measured over a three-year period with a Client Satisfaction Survey	75%

Planning Summary Table
($ thousands)

Program Activity	Forecast Spending 2011–12	Planned Spending			Alignment to Government of Canada Outcomes
		2012–13	2013–14	2014–15
Adjudicative and Dispute Resolution Program	$8,921	$9,356	$9,356	$9,356	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	$3,278	$3,638	$3,638	$3,638
Total Planned Spending		$12,994	$12,994	$12,994

Expenditure Profile

Departmental Spending Trend

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Estimates by Vote

Estimates by Vote are presented in the 2012–13 Main Estimates, which are available at: 2012-13 Main Estimates publication.

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