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Section II - Analysis of Program Activities by Strategic Outcome

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

 

Program Activity: Adjudication, mediation, and compensation analysis and research

Program Activity Description

The PSLRB is an independent, quasi-judicial tribunal mandated by the PSLRA to administer the collective bargaining and grievance adjudication systems in the federal public service. It is also mandated by the PESRA to perform the same role for the institutions of Parliament. Board members hold grievance adjudication and complaint hearings throughout Canada. The PSLRB provides conciliation and arbitration services to assist parties in the renewal and negotiation of new collective agreements; mediation services to help parties work together to resolve grievances and complaints; and training in alternative dispute resolution. Its compensation analysis and research services function consists of delivering information on comparative rates of pay, employee wages, terms and conditions of employment, and benefits in the public and private sectors. The PSLRB is required by statute to provide physical and administrative support services to the National Joint Council but plays no direct role in its operations.

Financial Resources ($ Thousands)

2012-13	2013-14	2014-15
9,922	9,922	9,922

Human Resources (FTEs)

2012-13	2013-14	2014-15
64	64	64

Program Activity Expected Results	Performance Indicators	Targets
Cases are resolved through adjudication in accordance with the principles of law	Among decisions referred for judicial review, percentage of challenges upheld in relation to the total number of decisions issued over a 5-year period.	Less than 2%
Cases and collective bargaining disputes are resolved through mediation interventions	Percentage of mediations where grievances, collective bargaining disputes or complaint issues are reduced or resolved.	75%
Compensation data is available for negotiations by the parties	Percentage of the necessary tools, processes and systems in place to ensure readiness to conduct surveys.1	100%

¹ This indicator is no longer valid and will change in the coming year.

Planning Highlights

Adjudication Services

Given its ongoing commitment to improve its services, the PSLRB will continue to strive towards effectively and efficiently managing its active caseload, recognizing that some matters must be dealt with expeditiously as they may have an impact on the overall function of the public service.

Over the last five years, the PSLRB has seen a steady increase in the volume of its caseload. In 2010-11, the number of files referred to the organization was 2108 — a record high. The PSLRB continues to be concerned that its growing adjudication caseload has affected its ability to handle cases in a timely manner. While the PSLRB has, over the years, increased its capacity to deal with cases, closing an average of 1500 cases each year, the number of new cases continues to be high, which prevents it from reducing the overall total number of cases.

Grievances referred to adjudication account for the majority of the PSLRB’s cases (between 80% and 85%), and this trend is expected to continue. Many of the PSLRB’s clients (i.e., employers and bargaining agents) continue to experience internal capacity issues, resulting in more requests to postpone cases, which adds to the time required to close those cases, and they subsequently remain part of the caseload. An insufficient number of full-time Board members can also contribute to the high volume of outstanding cases.

Faced with this situation, the PSLRB is working with the parties to find ways to deal with its caseload as efficiently as possible and to collectively make the best use of their resources. Since the appointment of the current Chairperson, the PSLRB has favoured dealing with certain cases by written submissions. This approach has proven to be effective in cases where there is no dispute about the facts of the case and, therefore, no need for the Board member to assess the credibility of the case, and when dealing with preliminary matters such as jurisdictional objections or an alleged untimeliness of the grievance or complaint.

To make hearings more efficient and productive, the PSLRB will continue to hold pre-hearing conferences with the parties’ representatives at an appropriate time before the scheduled dates for the hearing (i.e., usually 60 days) to discuss procedural matters and the ways in which the hearing can proceed more efficiently.

As previously mentioned, over the years, the PSLRB has observed a trend that shows that a significant number of cases scheduled for a hearing are postponed at the parties’ request, for various reasons, such as issues of jurisdiction, disclosure of documents issues, the unavailability of witnesses, last-minute settlements, etc. Such postponements are unproductive for the PSLRB and often occur in the weeks or days before a scheduled hearing, when it is too late to substitute the hearing with another case. To deal with this, the PSLRB is contemplating measures that will ensure that the parties apply greater diligence when reviewing a file before it is placed on the hearing roster. That is, the parties will be encouraged to jointly attest that certain conditions have been met before a matter is scheduled for a hearing, namely, that they have engaged their best efforts to resolve a case and that questions of jurisdiction, disclosure of documents, etc., have been identified early in the process. As well, the PSLRB will develop a policy that clearly stipulates the limited circumstances in which postponements or adjournments may be granted.

Other case management initiatives to address specific high-volume cases include continuing to focus on more directive case management, monitoring cases more closely and using screening practices that enable similar cases to be grouped together. As well, the Chairperson has approved modifications to the PSLRB’s organization structure to provide better professional and career development progression for case officers with a view to ensuring consistent and knowledgeable support to Board members. The PSLRB will also continue to closely consult with employers and bargaining agents to discuss options to expedite the processing of cases through mediation and adjudication.

Finally, the PSLRB Client Consultation Committee, which has equal representation from bargaining agents and employers, meets on a quarterly basis with Board representatives to seek clients’ views on the PSLRB’s processes, practices, policies and rules as they relate to its adjudication and case-mediation services. All these initiatives will help the PSLRB to achieve its overall goal of managing its caseload more effectively and efficiently.

Mediation Services

Providing high-quality mediation and conflict resolution services that are timely, impartial, transparent and efficient will remain a priority for the PSLRB’s Dispute Resolution Services (DRS) unit in 2012-13. The organization is committed to, and believes in the merits of, offering mediation to the parties as a way of rebuilding working relationships, as well as resolving disputes in a less confrontational manner. In fact, the PSLRB views mediation as a pivotal tool that contributes to its success in fulfilling its statutory mandate in the areas of individual matters that are referred to adjudication and in collective bargaining disputes.

During 2012-13, the PSLRB will also focus on coordinating collective bargaining matters and the provision of mediation services upon request. The major round of collective bargaining will require the DRS to be attentive to the parties’ needs for the mediation of collective bargaining disputes. It is uncertain how many groups will use the PSLRB’s mediation services to settle collective bargaining disputes in 2012-13. However, the DRS can provide value by increasing its availability to the parties behind the scenes, by offering a forum whereby the parties can share and clarify their bargaining objectives and/or constraints — work that is part of the core of the PSLRB’s mandate and priorities. This will contribute to maintaining a healthy workplace that is free from disruptions, the eventual outcome of which is the delivery of valuable programs and services to Canadians.

Information Management

Since the PSLRB identified IM a priority at its 2010 strategic planning session, significant progress has been made. The PSLRB has established the proper governance to ensure the project will be a success, including creating an Information Management Advisory Committee with executive leadership and a working group, which will ensure knowledge of, and involvement in, IM across the organization. The Committee reports to and takes direction from the Information Management Steering Committee.

The PSLRB will continue to focus its efforts on implementing the necessary system upgrades to enhance its case management and file tracking capabilities, enhance employee knowledge of IM through targeted communications and training opportunities, and review and further develop its policy.

Compensation Analysis and Research Services

The PSLRB plans to launch a first wave, albeit reduced, of its national comparability study in spring 2012. This strategy will allow the PSLRB to assess its tools, processes and systems, including the bulk of the 100 benchmark positions that the organization plans to feature in the study.

Internal Services

Program Activity Description

Internal Services are groups of related activities and resources that are administered to support the needs of programs and other corporate obligations of an organization. These groups are: Management and Oversight Services; Communications Services; Legal Services; Human Resources Management Services; Financial Management Services; Information Management Services; Information Technology Services; Real Property Services; Materiel Services; Acquisition Services; and Travel and Other Administrative Services. Internal Services include only those activities and resources that apply across an organization and not to those provided specifically to a program.

Financial Resources ($ Thousands)

2012-13	2013-14	2014-15
3,810	3,810	3,810

Human Resources (FTEs)

2012-13	2013-14	2014-15
29	29	29

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