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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 2012-13.

Since the beginning of my tenure, I have witnessed a steady increase in the volume of cases that are referred to the PSLRB. More than a decade ago, the number of cases in our registry was approximately 1200 cases. Today, that number has reached nearly 6000. I am pleased with the efforts we have made to enhance our capacity to manage our caseload; we close on average 1500 cases each year. However, this continual growth raises serious concerns about our ability to effectively and efficiently deliver our adjudication services and ultimately contribute to an efficient workplace that is free from service disruptions.

To address this matter, a key priority for the PSLRB for 2012-13 and beyond is to continue to implement more streamlined, responsive and effective adjudication processes through proactive caseload management and more in-depth analysis. More specifically, we will work with the parties to expeditiously deal with our caseload and collectively optimize our resources. Some of the initiatives we will undertake include holding more efficient and productive hearings through the use of pre-hearing conferences to discuss procedural matters, and dealing with cases through written submissions, when appropriate — a practice that has proven to be very effective. We will also address hearing postponements, which are an unproductive use of the PSLRB’s resources, by encouraging the parties to jointly meet certain conditions before a case is scheduled for a hearing. As well, we will develop a policy that clearly articulates the limited circumstances in which postponements or adjournments may be granted.

Another priority is to continue to seek ways to more effectively respond to demand for high-quality, timely, impartial dispute resolution services. Our efforts in this area will include holding consultations with the parties (i.e., employers and bargaining agents) and discussing options for accelerating the process such as identifying cases that can be grouped together, better preparing participants and identifying issues that may result in missed or delayed opportunities for mediation.

In the coming year we will also continue to improve our information technology and information management (IM) infrastructure by implementing a case management system to improve our access to, and management of, case information, as well as the tracking, follow-up and security of case information. These initiatives will contribute overall to our ability to meet our mandated responsibilities.

A fourth priority is to develop and sustain our capacity to conduct compensation analysis and research surveys. Remaining in a state of readiness to conduct surveys will enable us to fulfill our role in supporting the federal public service collective bargaining and compensation determination processes.

While the year ahead presents considerable challenges for the PSLRB, I am confident that, given our past success, we have the necessary experience, dedication and professionalism to resolve labour relations issues in an impartial manner and ensure the timely delivery of valuable programs and services to Canadians.

Section I: Organizational Overview

Raison d’être

Responsibilities

The PSLRB came into being on April 1, 2005, with the enactment of the PSLRA, replacing 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.

The PSLRB Executive Committee comprises the Chairperson, up to three Vice-Chairpersons, the Executive Director, the General Counsel and six directors. The Committee provides strategic direction and oversight for the priorities and projects established in the PSLRB’s annual strategic plan.

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 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 six directors, who have direct responsibility and accountability for establishing priorities, managing the work and reporting on the performance of their specific units. The General Counsel also reports to the Chairperson and is responsible for providing legal advice and support to the Chairperson and Board members.

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 over 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

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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Organizational Priorities

 

Priority	Type	Strategic Outcome and/or Program Activity
Continue to improve service delivery Continue to implement more streamlined, responsive, and effective adjudication and mediation processes through more proactive case management and in-depth case analysis	Ongoing	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.
Description
Why is this a priority? Will contribute to a productive, efficient workplace that is free from service disruptions and that ultimately delivers programs and services to Canadians that provide economic, social and cultural benefits. Plans for meeting the priority The PSLRB will continue to make its adjudication processes more efficient in consultation with the parties and through its Client Consultation Committee. Given its previous success, it will continue to manage its sizeable and increasingly complex caseload through a variety of initiatives, including holding more efficient hearings (e.g., holding pre-hearing conferences and dealing with cases through written submissions when appropriate); optimizing the use of hearing time (e.g., dealing with hearing postponements, which are an unproductive use of the PSLRB’s resources); and addressing large numbers of similar grievances by grouping them. It should be noted that, as a quasi-judicial tribunal, the PSLRB faces certain constraints on the processes it may choose to deal with its caseload. As such, it 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. On the mediation side, the PSLRB will continue to hold consultations with the parties (i.e., employers and bargaining agents) and discuss options for accelerating the processing of mediation cases. Through those discussions, the PSLRB will focus its efforts on grouping cases for mediation where feasible, on preparing participants well in advance of the meetings and on identifying potential misconceptions that could lead to missed mediation opportunities.

Priority	Type	Strategic Outcome and/or Program Activity
Continue to improve the PSLRB’s Information Technology/Information Management infrastructure Implement a case management system with enhanced performance measurement and reporting capabilities Further develop and enhance the PSLRB’s Information Management (IM) framework	Ongoing	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.
Description
Why is this a priority? Will enhance the PSLRB’s capacity to more efficiently access, manage and retain information, which will contribute to the organization’s ability to meet its mandated responsibilities. Plans for meeting the priority Over the next three years, the PSLRB will enhance its information management (IM) assets to ensure it has the necessary IM capability, tools and resources to meet its clients’ needs and support service delivery. The PSLRB’s newly created IM team will continue to work to meet specific milestones outlined in its action plan, focusing its efforts in 2012-13 on migrating to an updated technology platform that will interface with its case management system, and provide the necessary employee training. More specifically, as part of its overall IM strategy that was developed and introduced in fiscal year 2011-12, the organization determined that replacing its electronic records and case management systems would be critical to the implementation of a sustainable IM framework. Following a comprehensive review of various products, the PSLRB decided to upgrade its existing electronic records management system (i.e., Documentum), which has proven to be a reliable and robust solution. After developing a Documentum case management prototype in September 2011, the PSLRB purchased the licences required for that module, which will complement its existing platform. The PSLRB is currently working on migrating to the 6.7 version of the records management platform and is simultaneously dedicating the necessary resources to tailor the module to meet its specific needs. Once the testing and quality assurance scripts have been completed, the two new systems will be integrated, likely by spring 2012. The new system will improve electronic access to, and the management of, case information, as well as the tracking, follow-up and security of case information.

Priority	Type	Strategic Outcome and/or Program Activity
Continue to develop and sustain the capacity to conduct compensation analysis and research surveys	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.
Description
Why is this a priority? This capacity will enable the PSLRB’s Compensation Analysis and Research Services (CARS) to remain in a state of readiness to conduct surveys. This will ensure that the organization can eventually fulfill its role in supporting the collective bargaining and compensation determination processes in the federal public service, and ultimately contribute to an efficient, effective workplace that is free from service disruptions. Plans for meeting the priority The PSLRB plans to launch the first, but much reduced, wave of its national total compensation study. This will include securing participation in the study, data collection and validation, as well as the continuous testing of the necessary tools and processes, such as the job-matching approach, the benchmark job capsules, the total compensation model, and the questionnaire on benefits and working conditions. By spring 2012, the PSLRB also plans to implement a user-friendly online secure data collection program for employers that will enable them to upload a variety of information.

Risk Analysis

A further delay in implementing a new case management system would significantly impact the PSLRB’s ability to streamline its adjudication processes and more efficiently analyze and process case files (e.g., group similar cases together) — a key priority. It would also negatively impact the organization’s ability to provide certain performance data, as well as effectively access, manage and retain information. Finally, a delay would contribute to stalling the migration to a sustainable technology platform, which is critical in the current dynamic IT environment.

As previously mentioned in this report, the PSLRB has developed and successfully tested a case management system prototype, which it will continue to build upon, with a goal of initial implementation in spring 2012. The implementation of the system and the required technology platform will remain a priority throughout 2012-13 as it will ultimately result in enhanced file tracking, caseload monitoring and statistical reporting capabilities.

As reported in the PSLRB’s 2010-11 and 2011-12 Reports on Plans and Priorities, the expansion of its mandate in recent years as a result of legislative changes, particularly with respect to the CARS, presents significant challenges for the organization. The CARS has undertaken preparatory work for its national study and will soon be in a state of readiness to conduct surveys.

Finally, an ongoing challenge for the PSLRB is having an appropriate complement of full-time members, appointed by the Governor in Council, to effectively and efficiently manage its sizeable and increasingly complex caseload. When Board members’ terms expire, it is often a challenge to identify and recommend qualified individuals to fill those vacancies. Since his appointment to the PSLRB, the current Chairperson and Board officials have worked proactively with the Minister’s office to ensure that positions are filled as quickly as possible and, in general, this practice has been successful.

Planning Summary

Financial Resources ($ Thousands)

2012-13	2013-14	2014-15
13,732	13,732	13,732

Human Resources (FTEs)

2012-13	2013-14	2014-15
93	93	93

 

Strategic Outcome: Resolution of labour relations issues in the federal public service and in Parliament in an impartial manner

Performance Indicators	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, the most recent of which was undertaken in Fall 2010. The survey results were reported in the PSLRB’s Departmental Performance Report for 2010-11.
Percentage of collective bargaining mediations that reduce or fully resolve outstanding issues	75%

Planning Summary Table

Program Activity	Forecast Spending 2011-12	Planned Spending			Alignment to Government of Canada Outcomes
		2012-13	2013-14	2014-15
Adjudication, Mediation, and Compensation Analysis and Research1	9,966	9,922	9,922	9,922	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 Area2. The resources allocated to the PSLRB contribute to supporting well-managed and efficient government operations.
Total Planned Spending		9,922	9,922	9,922

¹ http://www.tbs-sct.gc.ca/est-pre/20122013/p2-eng.asp
² http://www.tbs-sct.gc.ca/ppg-cpr/frame-cadre-eng.aspx

Planning Summary Table

Program Activity	Forecast Spending 2011-12	Planned Spending
		2012-13	2013-14	2014-15
Internal Services	4,064	3,810	3,810	3,810
Total Planned Spending		3,810	3,810	3,810

Expenditure Profile

In 2012-13, the PSLRB plans to spend $13.7 million to meet the expected results of its program activity and 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. The following figure illustrates the PSLRB’s spending trend from 2008-09 to 2014-15. For the 2008-09 to 2010-11 periods, the total spending includes all parliamentary appropriation sources: the Main Estimates, the Supplementary Estimates and transfers from Treasury Board votes, as well as carry-forward adjustments. For the 2012-13 to 2014-15 periods, the total spending corresponds to the planned spending.

Departmental Spending Trend

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Estimates by Vote

For information on the PSLRB’s appropriations, please see the 2012-13 Main Estimates publication.

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