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SECTION I: OVERVIEW

Message from the Chairperson

I am pleased to present the 2007-2008 Performance Report for the Public Service Labour Relations Board (the PSLRB).

The PSLRB administers the legislative framework within which labour relations are conducted in the federal public service. Our clients are the more than 50 employers and bargaining agents covered by the Public Service Labour Relations Act (PSLRA). By striving to provide flexible and multi-faceted services to help these parties achieve harmonious labour relations, we ultimately benefit public service employees and the Canadians they serve.

In 2007-2008, the PSLRB reaffirmed its vision and mission and produced a new multi-year strategic plan, which includes a well-defined performance measurement framework and performance targets for future years. In this year’s Performance Report we begin to report baseline performance data for most of our mandated services, drawing upon the results of our latest Client Satisfaction Survey. In the future, more detailed performance information will be available from our new automated case management system after it has been operating for a full reporting period.  

The period 2007-2008 saw the first decline in the number of new cases received by the PSLRB since the coming into force of the PSLRA on April 1, 2005. New cases fell by 10% compared with the previous year. At 4819 active files, however, the overall caseload remains high.

The yearly rise in the number of new cases referred to adjudication over the last several years has posed challenges for the PSLRB. The large volume, combined with an increasingly complex caseload, the resource limitations of our clients, our own unstable funding, and a reduced complement of full-time and part-time members available to hear cases due to unfilled Board vacancies, has inevitably affected the timely delivery of our services. I remain hopeful that efforts in 2008-2009 will yield a funding solution that supports full implementation of the PSLRA in the years ahead.

As outlined in our Report on Plans and Priorities for 2007-2008, we continued our ongoing efforts to bring the caseload to a more manageable level and to expedite delivery of our services. For example, we have made headway in discussions with our two largest clients, the Public Service Alliance of Canada and the Treasury Board, about ways to better manage the large number of cases involving the two organizations. Meetings in 2007-2008 to consider innovative ways to tackle these cases have led to plans for a project piloting various approaches in 2008-2009.

We also continued to employ new case management tools and to make more use of pre-hearing conferences in an effort to streamline and speed up the processing of cases. By actively promoting mediation as an alternative way to resolve disputes, we have reduced the number of cases that go to formal adjudication.

A single mediation can often resolve numerous similar cases. In 2007-2008, we were able to provide mediation services that affected a total of 899 grievance and complaint cases. Parties were able to settle or withdraw 807 of those cases before they went to a hearing, resulting in an 89% success rate. Going forward, the PSLRB will build on its strong reputation for mediation by exploring additional ways to promote our services.

In 2007-2008, we also sought to solidly establish the compensation analysis and research function, to deliver compensation data, and to continue to improve the PSLRB’s management framework and infrastructure. We made significant strides in all these areas.

Our 2007 Client Satisfaction Survey tells us that our clients are generally quite satisfied with all our services. There are a few areas, of course, where client satisfaction is not as high, such as with the timeliness of some of our processes, and we will intensify our efforts to address these concerns in the future. I would like to sincerely thank our Board members, managers and employees for their hard work over the past year. It is their dedication and professionalism that are ultimately responsible for the achievements outlined in this report.  

Casper Bloom, Q.C., Ad. E.
Chairperson
Public Service Labour Relations Board

Management Representation Statement

I submit for tabling in Parliament, the 2007-2008 Performance Report for the Public Service Labour Relations Board.

This document has been prepared based on the reporting principles contained in the Guide for the Preparation of Part III of the 2007-08 Estimates: Reports on Plans and Priorities and Departmental Performance Reports:

• It adheres to the specific reporting requirements outlined in the Treasury Board Secretariat guidance;
• It is based on the PSLRB’s approved Strategic Outcome and Program Activity Architecture that were approved by the Treasury Board;
• It presents consistent, comprehensive, balanced and reliable information; 
• It provides a basis of accountability for the results achieved with the resources and authorities entrusted to it; and
• It reports finances based on approved numbers from the Estimates and the Public Accounts of Canada.

 

Casper Bloom, Q.C., Ad. E.
Chairperson
Public Service Labour Relations Board

Summary Information

Financial resources

($ thousands)

	2007–2008
Planned Spending	Total Authorities	Actual Spending
$11,405	$15,181	$11,727

Human resources

(full-time equivalents)

	2007-2008
Planned 104	Actual 89	Difference 15

Note: Please see Financial Performance Overview for an explanation of the difference between planned spending, total authorities and actual spending.

Priorities

Name	Type	Performance Status
1) Deliver on the PSLRB’s statutory mandate under the Public Service Labour Relations Act and the Parliamentary Employment and Staff Relations Act.	Ongoing	Successfully met
2) Continue to enhance and improve the PSLRB’s management framework and infrastructure.	Ongoing	Successfully met

Program activities by strategic outcome

Strategic Outcome:  Harmonious labour relations in the federal public service and in Parliament Program Activity:  Adjudication, mediation, and compensation analysis and research
Priority	Expected Results	2007-2008
		Planned Spending	Actual Spending
1) Deliver on the PSLRB’s statutory mandate under the Public Service Labour Relations Act and the Parliamentary Employment and Staff Relations Act	Grievances, complaints and other applications are resolved fairly, in line with legislation, and in a timely manner. Mediation results in increased collaboration between labour and management. Timely access to compensation information supports the collective bargaining and compensation determination processes in the federal public service.	$11,150	$11,534
2) Continue to enhance and improve the PSLRB’s management framework and infrastructure	Modern management policies, practices and systems support high performance and clearly defined accountabilities.	$255	$193

($ thousands)

Summary of PSLRB Performance

Operating environment and context

On April 1, 2005, the new Public Service Labour Relations Act (PSLRA) came into force in the federal public service, replacing the Public Service Staff Relations Act, which had existed since collective bargaining was introduced in 1967.

The PSLRA was introduced as part of a larger set of reforms to human resource management in the federal public service. The new Act was specifically intended to foster more collaborative labour relations in support of healthy and productive public service workplaces. It recognizes that the relationship between labour and management benefits significantly from more dialogue and less confrontation between the parties.

The PSLRA covers some 233,000 federal public service employees and applies to departments named in Schedule I of 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 Treasury Board, which is the largest of the employers, employs some 170,000 public service employees in federal government departments and agencies. Some 63,000 public service employees work for one of the other employers, which range from large organizations such as the Canada Revenue Agency to small organizations such as the National Capital Commission.

As of March 30, 2008, 21 bargaining agents were certified to represent 84 bargaining units in the federal public service. Fifty-eight percent of unionized employees are represented by the Public Service Alliance of Canada as certified bargaining agent, a further 27% are represented by the Professional Institute of the Public Service of Canada, and the remaining 15% are represented by 19 other bargaining agents.

Employees of the federal public service deliver a vast range of programs and services to Canadians. More effective relationships between labour and management can prevent work disruptions and disputes that result in delays, interruptions, or deterioration in the quality of programs and services Canadians rely on. An environment that promotes increased collaboration between employers and employees can improve the ability of the public service to serve and protect the public interest.

With the enactment of the PSLRA, the PSLRB received an expanded mandate, which includes the delivery of compensation analysis and research services, enhanced mediation and conflict resolution services, an increased adjudication function and revamped collective bargaining processes. At the same time, the PSLRB continues to provide many of the same services as the former Public Service Staff Relations Board and to build on its accomplishments and solid body of jurisprudence.

Additional human and financial resources have been required to carry out the PSLRB’s new mandate. Since 2003, the PSLRB has been allocated transitional funding on a temporary basis and has been required to re-apply for it every year, hampering its ability to carry out effective long-term planning and make future commitments. This uncertainty and lack of a permanent stable funding base represents a key risk for the PSLRB’s ongoing delivery of its new statutory functions.

The PSLRB relies on Board members who are Governor in Council appointees to adjudicate cases and render decisions. Delays in appointing individuals to fill Board vacancies and in re-appointing current Board members diminish its ability to function expeditiously. Since cases can only be heard and decided by full- and part-time Board members, a reduced complement of members lowers the number of cases that can go to hearing. The fact that the PSLRB lacked a full roster of Board members through the beginning of the fiscal year led to fewer cases being heard than in previous years. By March 31, 2008, however, a number of new appointments had been made and the Board lacked only one full-time member.

Issues in the labour relations and collective bargaining environments have the potential to impact the volume of cases before the PSLRB and the timeliness of mediation and adjudication services. For example, bargaining agents have in the past filed larger numbers of grievances as part of a strategy to press for solutions to common problems experienced by their members. Such strategies can result in a large volume of similar grievances being referred over a very short period of time, such as several hundred in the course of one week. These groups of cases can and have been withdrawn without formal PSLRB intervention once the matter has been resolved during collective bargaining or elsewhere.

The PSLRB’s adjudication services are very much influenced by the availability of resources devoted to labour relations cases by the parties appearing before it. When employers and bargaining agents experience reduced capacity to deal with the existing volume of grievances and complaints—as they have in recent years—requests for postponements increase, which introduce delays in the processing of cases by the PSLRB.

Adjudication services are also affected by the growing complexity of cases being referred, including those involving human rights and duty-to-accommodate issues. Furthermore, the PSLRB continues to witness a rising number of individuals who are represented, not by bargaining agents or counsel, but by themselves. These cases generally require more time on the part of the PSLRB’s employees and adjudicators.

The decision of the Supreme Court of Canada with respect to Health Services and Support – Facilities Subsector Bargaining Assn. v. British Columbia, 2007 SCC 27, recognized collective bargaining as a constitutional right protected under the Canadian Charter of Rights and Freedoms for the first time in Canadian history. This decision has the potential to change the context of applications before the PSLRB—for example, by questioning the constitutional validity of some aspects of the existing labour relations framework, in such areas as the scope of bargaining, certification procedures and the right to unionize.

The environment in which the PSLRB’s new compensation analysis and research function operates is challenging, given that the needs and interests of the employers and bargaining agents using compensation data are diverse and sometimes divergent. The Board must ensure that it addresses these varied requirements within tight deadlines with the added complexity of contracting with various service providers for the development and application of the relevant methodologies and tools.

PSLRB Priorities

In 2007-2008, the PSLRB had two priorities: the delivery of its statutory mandate and the improvement of its management framework and infrastructure.

1) Continue to deliver on the PSLRB’s statutory mandate

In 2007-2008, the PSLRB was successful in delivering on its statutory mandate of providing adjudication, mediation and compensation analysis and research services.

Adjudication services

To this end, the PSLRB resolved grievances, complaints and other applications fairly and in line with the legislation and the principles of natural justice. It also made significant progress in closing cases and improving the timeliness of its processes.

PSLRB caseload

Grievances:	3885	81%
Complaints:	173	4%
Applications:	761	15%
Total active cases:	4819	100%

 

For several years now, the PSLRB has had a large adjudication caseload, which has influenced its capacity to process cases in a timely manner. However, the period 2007-2008 was the first time that there was a decline in the number of new cases received by the PSLRB since the coming into force of the PSLRA on April 1, 2005. New cases fell by 10% compared with the previous year, and the number of active cases before the PSLRB—which includes new and existing cases combined—dropped by 19%. At 4819 active files, however, the total caseload remains sizeable.

Out of the total caseload, it was the number of new grievance cases referred for adjudication that saw the largest drop—by 30% to 893—compared with the previous year. This is substantially lower than in the peak years of 2003 to 2005, when the number received each year approached the 2000 mark.

The PSLRB closed just over a quarter of all grievance cases in 2007-2008. The vast majority of these cases were settled by the parties involved or were withdrawn as a result of mediation; the rest were closed as a result of decisions rendered after adjudication hearings. For the second year running, the PSLRB was successful in closing more grievance cases than it opened, thus reducing its overall caseload.

Cases can be carried over to the next fiscal year for a variety of reasons. Cases carried over include those that were heard in the fiscal year and were awaiting a decision at year-end, cases that were scheduled for hearing in the next fiscal year and cases that were held in abeyance at the request of the parties pending discussions or other decisions from the Board, other tribunals or courts. The number of grievance cases carried forward to the following year was down 5% from 2006-2007 and down 28% from 2005-2006.

It has now been three years since the PSLRA replaced the Public Service Staff Relations Act (PSSRA). While the number of grievance cases submitted under the PSSRA still before the PSLRB is going down, PSSRA cases continue to be submitted—114 in 2007-2008. In 2007-2008, 809 PSSRA grievance cases were closed, leaving 1318 to be carried over to 2008-2009. In the near future, the PSLRB seeks to close all PSSRA cases.

The PSLRB continually strives to keep active cases to a manageable number and to reduce the time taken to close cases by innovating and improving its practices. New case management tools have been introduced to allow for the screening of new grievance and complaint cases. This screening identifies trends and permits matters to be heard together to be grouped for administrative purposes and tracked as a common element.

For some time now, the PSLRB and its two largest clients (the Public Service Alliance of Canada and the Treasury Board) have been discussing ways to better manage the large number of cases involving the two organizations. In the period under review, the three organizations met to consider new ways to tackle the large number of cases that are filed with the PSLRB each year. A project piloting various approaches to manage the caseload will be launched in 2008-2009.

The PSLRB is working to make increased use of PSLRA provisions that allow for the convening of pre-hearing conferences. These have proven to be effective in clarifying issues prior to the start of a hearing, and, in some cases, they eliminate the need for an in-person hearing altogether. Pre-hearing conferences still present a challenge for the parties, who have to make themselves available both for the formal hearing and for these conferences. 

The PSLRB has used teleconferences and videoconferences on a selective basis for certain portions of hearings, such as closing arguments, where parties are already well known to each other and no witnesses are required to testify. Using such technology only under limited circumstances alleviates concerns about credibility and the right of individuals to face those who have alleged misconduct on their part. It also has the potential to save parties from having to travel long distances for short periods of time. 

For a number of years, the PSLRB has offered expedited adjudication to parties who want to save time and resources. This allows certain grievances to be dealt with without resorting to a full hearing process. In the expedited process, the parties normally file an agreed statement of facts and no witnesses are heard. The parties agree that decisions rendered in the expedited process are not precedent-setting and will not be subject to judicial review. Oral decisions are given to the parties at the hearing. A short written decision follows within five days.

Client satisfaction with the PSLRB’s adjudication services is generally quite high. In 2007, the PSLRB sent out a survey to assess the satisfaction of its clients. The survey was administered to 376 clients who had an interaction with the Board during the 18-month period covered by the survey (January 2006 to June 2007). Clients included employer representatives/third party employer representatives, bargaining agent representatives/third party bargaining agent representatives and third party representatives for applicants. With 234 surveys completed and compiled, the survey had a high response rate of 82.9% and yielded valid results. Full results are available at www.pslrb-crtfp.gc.ca.

Approximately 52% of clients responding to the survey reported that they had been involved with PSLRB adjudication and other types of hearings in the period covered by the survey. Most clients had appeared at an adjudication or other type of hearing once (26%) and approximately half (59%) had attended three times or fewer.

___________________________________________________

Adjudication services

Percentage of PSLRB clients satisfied/very satisfied with:

Timeliness of information provided by the Registry	75%
Overall services of the Registry	80%
Opportunity to present case	85%
Procedural fairness	79%
Usefulness of decision	72%
Clarity of decision	68%
Scheduling of hearings	57%
Timely issuing of decisions	45%

Source: Charts 6.1, 6.2 and 7.2, 2007 Client Satisfaction Survey

____________________________________________________________________________________

Mediation services

The demand for the PSLRB’s mediation services continues to rise. PSLRB mediators and Board members acting as mediators have a strong record of success in helping parties find solutions to their problems without the need for more formal hearings.

The purpose of mediation is not to determine who is right or wrong but rather to define the issues in dispute more clearly and to find creative and acceptable solutions that are not always available at adjudication and that will satisfy the needs of all the parties.

The PSLRB offers mediation to all parties involved in complaint and grievance cases. In 2007-2008, parties agreed to proceed with mediation in 32% of new cases received.

Parties are encouraged to continue working towards a settlement even after the matter has gone to adjudication, since it is preferable that the parties resolve the dispute on their own. The PSLRB offers the parties the opportunity to participate in mediation at any time during the adjudication process with the adjudicator usually conducting the mediation with the consent of the parties.

By actively promoting mediation as an alternative way to resolve disputes, the PSLRB has reduced the number of grievance or complaint cases that go to formal adjudication. A single mediation can often resolve numerous similar cases. In 2007-2008, the PSLRB provided mediation services that affected a total of 899 grievance and complaint cases. Parties were able to settle or withdraw 807 of those cases before they went to a hearing, resulting in an 89% success rate.

The Board’s mediation services also include preventive mediation, which is aimed at resolving disputes even before an application is filed. This can help reduce the number of cases before the Board. The success rate of preventive mediation continues to be high. In 2007-2008, it was 91%, reflecting that fact that 68 out of 74 cases were settled or withdrawn.

The PSLRB also assists parties in their collective bargaining efforts through its mediation, conciliation and arbitration services. In providing these services, the PSLRB either helps parties reach agreements or establishes mechanisms by which disputes between the parties can be resolved by an independent third party, thus avoiding potential labour disruptions that could adversely affect the provision of government services to Canadians.

With the launch of a major round of public service collective bargaining in 2007-2008, the PSLRB was called upon five times to provide the services of a mediator to assist parties in the negotiation of their collective agreements. Three mediator’s reports were issued. No settlements took place.

The PSLRB also receives requests for conciliation and binding arbitration when negotiations break down. The Public Interest Commission (PIC) is a new process introduced by the PSLRA to help parties settle their collective agreements. These non-permanent bodies consist of one or three persons who are appointed by the Minister on the recommendation of the Chairperson of the Board to assist the parties by making recommendations for settlement. The recommendations are not binding on the parties. In 2007-2008, there were no requests for PICs, but some are expected with the round of collective bargaining that will take place in the next fiscal year.

If parties are unable to settle their collective agreements through negotiation, binding arbitration can also be undertaken. This culminates in an arbitral award (a decision) that is legally binding upon both parties and thus precludes any legal strike action. Arbitration boards are established by the Chairperson of the Board. Six arbitration boards were established in 2007-2008, five of which resulted in arbitral awards.

Client satisfaction with the PSLRB’s mediation services is generally very high. More than two-thirds (67%) of clients indicated that they had used these services in the period covered by the survey.

Mediation services

Percentage of PSLRB clients satisfied/very satisfied with:

Grievance/complaint mediation services	82%
Preventive mediation	90%
Timeliness of mediation services	75%
Collective bargaining mediation	86%
Training in interest-based negotiation and mediation	95%

Source: Chart 8.2, 2007 Client Satisfaction Survey

Compensation Analysis and Research Services

The purpose of the PSLRB’s Compensation Analysis and Research Services (CARS) is to support the parties to collective bargaining in the federal public service in their discussions and negotiations over compensation issues by providing them with comprehensive, accurate, timely information gathered by an authoritative neutral source. CARS also aims to assist arbitration boards and public interest commissions in resolving disputes by providing relevant comparative analyses of compensation data.

In 2007-2008, the PSLRB continued to build the compensation analysis and research function and began work to deliver compensation data. CARS undertook two compensation data pilot projects, the results of which were to be used in the round of public service collective bargaining scheduled for 2008.

All the parties to bargaining were given an opportunity in 2006-2007 to identify their requirements for compensation information and propose specific research projects. After extensive consultations, the PSLRB initiated three compensation comparability studies.

The first was a pan-Canadian study of current wages and benefits offered by public and private sector employers for 30 technical services occupations. It was steered by the PSLRB in consultation with the Public Service Alliance of Canada and the Treasury Board of Canada Secretariat. Conducted by AON Consulting, it was published in April 2008.

The second was a study of health services occupations that was conducted for the Treasury Board of Canada Secretariat and the Professional Institute of the Public Service of Canada. It was launched in February 2007 with a scheduled completion date of June 2008 and results to be published shortly thereafter. Although the study was planned to be conducted by Statistics Canada in collaboration with l’Institut de la statistique du Québec, Statistics Canada withdrew from the project in the fall of 2007, after concluding that it could not meet the PSLRB’s timelines and required greater internal compensation expertise. 

The PSLRB undertook to complete the study on its own, with the assistance of a team of consultants that was responsible for field visits and data collection. Within the short period set for the study, the PSLRB aimed to complete all aspects required: developing the job-matching specifications for all occupations included in the survey, preparing both the total compensation questionnaire in paper, electronic and interactive formats and the database and calculation programs, conducting the field visits to nearly 200 respondent organizations representing the health sector across Canada and analyzing and publishing the results.

These two studies will add to the wealth of information and experience that will serve as a solid foundation for the PSLRB’s national compensation research strategy to be implemented in 2009-2010. The two studies can be found on the PSLRB’s website at www.pslrb-crtfp.gc.ca.

A third study of selected security enforcement-related occupations was to be conducted with the Treasury Board of Canada Secretariat and the Public Service Alliance of Canada. However, the parties were unable to come to an agreement on a key issue, and the PSLRB was compelled to discontinue the study.

The PSLRA provides for the establishment of an independent advisory board to give advice to the Chairperson on the compensation analysis and research services provided by the PSLRB.

The first Advisory Board, chaired by Maryanne Webber of Statistics Canada, presented its final report to the Chairperson of the PSLRB in November 2007. The report outlined the Advisory Board’s accomplishments during its two-year term and offered a number of recommendations to assist the Chairperson in improving the Advisory Board’s overall effectiveness.

Future members of the Advisory Board will be asked to reflect on the methodology, tools and processes used to date, and the results achieved, and to make recommendations relating to the timely launch of a broader national compensation survey.

The PSLRB continues to recognize the importance of consulting with the parties to bargaining and other stakeholders. The parties directly affected by the two current studies were actively involved in developing all survey parameters and tools. In addition to working with the Advisory Board on the development of its longer-term survey strategy, the PSLRB will seek ways to engage the collective bargaining community within the federal public service in similar consultations.

The PSLRB is also committed to working in partnership with provincial and territorial governments, in an effort to foster collaborative approaches that meet the needs and interests of all jurisdictions and avoid the unnecessary duplication of efforts and services and undue burden on survey respondents. The study covering health occupations proved to be an excellent opportunity to demonstrate the benefits of working together in areas of common interest.

2) Continue to enhance and improve the PSLRB’s management framework and infrastructure

In 2007-2008, the PSLRB was successful in enhancing its management framework and infrastructure, which supports its legislative mandate, ensures accountability and sets out a shared vision of expected results. Areas for improvement are identified and initiatives are undertaken on an ongoing basis to enhance the PSLRB’s practices, policies, frameworks and systems.

Efforts to secure a permanent funding base for the PSLRB continued in 2007-2008. As previously stated, the PSLRB has been seeking adequate and stable funding for several years now and hopes to secure a permanent funding base in the near future.

The results of the 2007 TBS Management Accountability Framework assessment revealed a number of strengths with respect to the PSLRB’s management practices. The assessment outlined the PSLRB’s strong performance in the areas of effective information technology and procurement management, and in the quality of its program and policy analysis. The PSLRB’s efforts in managing organizational change were also highlighted, notably its comprehensive plan to transition to functioning under the PSLRA, along with its strong employee and stakeholder engagement and learning culture.

In the area of IT security, the PSLRB continues to integrate IT security requirements in all decisions made related to new projects and services and to establish processes that ensure security requirements for systems and services are reviewed at each stage of their life cycle. In 2007-2008, the PSLRB also established and maintained more active relationships with security establishments such as Public Safety Emergency Preparedness Canada and is an active member of the Public Works and Government Services Canada IT Security Management Board. 

The PSLRB uses Government of Canada PKI to encrypt and digitally sign electronic messages and/or files and, when deemed necessary, to encrypt notebook hard drives that contain particularly sensitive information. The PSLRB is also examining the use of biometrically secured "thumb drives" for the secure storage of sensitive data that is being taken out of the office.

In addition to making use of all mandatory Government of Canada shared IT services and relying on government-wide initiatives and strategies to deliver on other elements of the standards, the PSLRB continues to look at other opportunities to make use of shared services to deliver more efficient and more secure services.

In the area of infrastructure improvement, in 2007-2008, the PSLRB continued to develop the new case management system that has been in progress since 2005-2006. This project was launched to respond to the pressures of a higher volume of increasingly complex cases, to facilitate more detailed reporting, to give employees more efficient, up-to-date and integrated tools for managing cases, and to conform to government information technology standards. The new case management system will allow the PSLRB to manage case information electronically from initial intake to the distribution and posting of the decision. The system will also facilitate more detailed reporting in support of the PSLRB’s new performance measurement framework.

In 2007-2008, development work on the case management system focused on documenting business processes and securing approval from potential users before going forward with design work. A technical solution was put forward and approved. The system, which was scheduled to be delivered by the end of 2007-2008, was delayed due to the departure of a number of key resources on the development team. It was deployed in July 2008 for increased testing by potential users.

In 2007-2008, the PSLRB undertook efforts to improve the management of its information, recognizing that, as a valuable asset, information is and must be managed throughout its life cycle to meet legislative and policy requirements in areas such as access, privacy, security, official languages and records management. In October 2007, the PSLRB implemented its information management policy, which supports efficient and effective information management, from planning and systems development to disposal or long-term preservation, in order to support service delivery, foster informed decision making, facilitate accountability, and preserve and ensure access to information and records for the benefit of present and future users.

A manual documenting responsibilities under the Access to Information and Privacy Acts was prepared and put into practice April 1, 2007. This manual outlines the organization’s obligations under the legislation, its approach to processing ATIP requests and the relevant delegated authorities.

In early 2008, the PSLRB also proceeded with an organizational structure review of its information management services including a thorough assessment of current workflow and practices in order to implement the policies advocated in the Government of Canada Information Management Policy released in July 2007 and to assist in the implementation of its Information Management Strategy.

Since 1996, the PSLRB has made it a practice to conduct an average of two internal audits per year. The PSLRB produces a multi-year audit plan addressing the areas of highest risk and significance. The intent of the plan is to obtain approval from the Board’s Executive Committee as to the selection of audits and reviews that will provide the latter with assurance that an appropriate management accountability framework exists to carry out the activities of the PSLRB.  Managers are also responsible for ensuring the identification and assessment of the major risks to the organization and that sufficient information is provided to senior management for decision-making purposes. When assurance cannot be provided, the auditors formulate recommendations to make improvements where required.

The audit planning process is based on the Treasury Board Secretariat’s Risk-Based Internal Audit Priorities Toolset for Small Departments and Agencies.  Using these documents, the PSLRB identified sources of risks through the form of potential audit and management review projects.  

Over the past few years, the PSLRB has undertaken a number of audits and management reviews of the following activities and/or functions: succession planning, travel and procurement, information technology, compensation, applications threat and risk assessment, internal review of operations, management of personal information, Internet security and the organization’s financial management framework.

The February 2008 audit of the PSLRB’s financial management framework concluded that the PSLRB’s financial management control framework is effective in ensuring that:

• the financial accountability framework is an established component of the PSLRB’s management framework and is effective from a management and program perspective;
• the PSLRB’s financial management processes are adequate and dependable and financial management and reporting systems are in place;
• financial information and advice is available, is provided and is adequate to support the financial management activities of the PSLRB.

The audit also concluded that the PSLRB has established an effective strategic and business planning framework and a formal budget review process through which new initiatives and funding pressures on the PSLRB are reviewed at its Executive Committee meetings and proposed courses of action are considered and adopted. Overall, the audit determined that the PSLRB has established a planning, budgeting and financial reporting process that ensures the effective control of its resources.

In the coming fiscal year, the PSLRB plans to conduct an audit of its human resources services and will be participating in the Horizontal Audit on Contracting for Professional and Technical Services initiated by the Office of the Comptroller General in 2007-2008.

In December 2007, the PSLRB finalized a performance measurement framework that includes clear and measurable expected results for its main program activity and performance indicators for each expected result. The framework is set out and reported on in Section II of this report.

Program evaluation opportunities are limited at the PSLRB due to the statutory and quasi-judicial nature of its mandate, the relatively small size of its budget and the absence of discretionary programs. However, the PSLRB solicits client feedback with respect to its services in a formal way by conducting client satisfaction surveys every three years. This survey allows for the tracking of trends over time and is a key source of performance-related data. Results from the PSLRB’s client satisfaction survey conducted in 2007 are reported elsewhere in this report and indicate a high overall level of satisfaction with the PSLRB’s services.

The satisfaction of the PSLRB’s clients (employers, bargaining agents and other users), the timeliness of its processes, the quality of its decisions and the success of its mediation services will continue to be key indicators used to measure performance. Indicators are also being developed with respect to the compensation information that is collected, analyzed and disseminated to the parties to collective bargaining and to the public. The PSLRB is currently collecting data on some of these indicators but intends to begin collecting data on many more in 2008-2009. More complete data collection is expected with the implementation of the new case management system. Key sources of data in addition to the case management system include statistics on cases submitted for judicial review, and other formal and informal consultations that are undertaken with clients to obtain regular feedback.

The effective management of human resources requires good human resource planning. In 2007-2008, human resources planning was integrated with the PSLRB’s strategic business planning. Human resources representatives participated in the PSLRB’s strategic planning meetings and provided advice on HR issues in relation to the strategic priorities established. Each division subsequently developed HR plans reflecting immediate and future needs. These plans were rolled into a corporate HR plan that identifies organization-wide initiatives in the areas of staffing, retention, succession planning, and training and development and are linked to the strategic business priorities of the PSLRB. 

Given that the PSLRB’s mission is to promote harmonious labour relations in the federal public service, it is committed to having policies and practices in place that support the engagement of its own employees and good labour relations within its own workplace.

The PSLRB holds in-person feedback sessions every month to inform all employees of significant activities and initiatives and to provide them with an opportunity to ask questions, raise issues and interact with colleagues and management. Summaries of discussions held at the Executive Committee’s monthly meetings are shared with employees on the PSLRB Intranet.

An interactive Web-based internal communications tool is also available that allows employees to ask management questions and obtain answers without revealing their identity. This has been used by employees to make suggestions and gain clarity on PSLRB policies and practices in many areas. The PSLRB has also established an employee consultation committee, which is a joint management-employee group that meets as required to exchange information on workplace issues.

As part of the PSLRB’s informal conflict management system (ICMS), all employees are encouraged to take in-house courses to build skills in communications and understanding conflict. The purpose of the ICMS is to give employees the information and skills they need to prevent and effectively deal with workplace conflict as well as the support they need to resolve conflict informally. In addition to skills-building courses and information-sharing and dialogue mechanisms that are part of the ICMS, employees also have access to coaching, facilitated discussions and mediation when dealing with conflict.

The PSLRB also continues to assess opportunities for alternative service delivery, such as partnerships with other independent tribunals in the delivery of specific corporate services. As active members of a number of networks in the Small Departments and Agencies (SDA) community, the PSLRB is keeping abreast of opportunities for such partnerships.

In the context of responsible spending and shared services, in June 2005, the PSLRB entered into a three-year agreement with the Public Service Staffing Tribunal to provide them with corporate services in the following areas:

• information technology
• finance
• compensation
• Human Resources Information System (HRIS)
• library services
• sharing of hearing and mediation rooms.

As this agreement was deemed mutually satisfactory, it is being renewed for an additional three-year period.

Link to the Government of Canada Outcome Areas

As a federal quasi-judicial tribunal operating in the area of labour relations, the Public Service Labour Relations Board is aligned to the “Government Affairs” Outcome area in the Government of Canada’s whole-of-government framework described in more detail in Canada's Performance Report 2006-07: The Government of Canada's Contribution. The resources allocated to the Board contribute to supporting a “public service that reflects excellence and leadership” as set out in this framework.

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