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Message from the Chairperson

Casper Bloom, Chairperson

I am pleased to present the Performance Report for the Public Service Labour Relations Board (PSLRB) for the period ending March 31, 2009.

The PSLRB administers the legislative framework within which labour relations are conducted in the federal public service. Our clients are the employers and bargaining agents covered by the Public Service Labour Relations Act (PSLRA). The PSLRB benefits Canadians by supporting a harmonious relationship between federal public servants and their employers, which ultimately improves the ability of the public service to serve the public interest.

During the reporting period, the PSLRB continued to focus its efforts on three main priorities: to improve the delivery of its adjudication and mediation services; to deliver compensation analysis and research services to support parties in their collective bargaining efforts; and to develop its infrastructure and human resources to enhance its efficiency and effectiveness.

I am pleased to report that the PSLRB successfully delivered on those priorities. In the area of adjudication, fewer cases were carried over from previous years, more decisions were issued within the four-month standard timeframe that we established and the number of older cases was significantly reduced. We also used various case management tools such as pre-hearing conferences, which enable preliminary matters and procedural issues to be dealt with before a hearing, to more effectively manage our sizeable caseload.

In the area of mediation, the PSLRB assisted parties during the first major round of collective bargaining under the PSLRA. We received and dealt with many requests to provide mediation and dispute resolution services, including establishing arbitration boards and public interest commissions, during a time of economic uncertainty and a time when legislation was being introduced to restrict economic increases for public servants. I commend those at the PSLRB who were involved in the collective bargaining process for their professionalism and impartiality throughout this tumultuous period and for the assistance they provided to the parties to help them deal with their labour disputes without affecting the delivery of government services to Canadians.

The PSLRB also made considerable inroads in 2008-2009 in its compensation analysis and research services (CARS), releasing its first two nationwide studies in 2008: Technical Services Compensation Comparability Study and Total Compensation Study on Health-Related Occupations in Canada. These studies employ different models and approaches that will assist the CARS in developing future studies.

The various management policies, practices and systems being developed to enhance the PSLRB’s infrastructure and human resources function will also contribute to helping us manage our caseload and fulfill our responsibilities under the PSLRA.

I have every reason to be pleased with the PSLRB’s accomplishments this past year. Having received stable, long-term funding under Budget 2009, the PSLRB will be able to fully meet our responsibilities under the PSLRA, to plan more effectively for the longer term and to readily meet our future commitments.

The original version was signed by

Casper M. Bloom, Q.C., Ad. E.
CHAIRPERSON

SECTION I: DEPARTMENTAL OVERVIEW

Raison d’être

The Public Service Labour Relations Board (PSLRB) is an independent quasi-judicial tribunal mandated by the Public Service Labour Relations Act (PSLRA) to administer the collective bargaining and grievance adjudication systems in the federal public service. It is also mandated by the Parliamentary Employment and Staff Relations Act (PESRA) to perform the same role for the institutions of Parliament.

The PSLRB is unique in that it is one of the few bodies of its type in Canada that combines both adjudication functions and responsibilities as an impartial third party in the collective bargaining process. Through its role in adjudicating grievances and complaints, mediating disputes, supporting the collective bargaining process, and performing compensation analysis and research, the PSLRB helps foster harmonious labour relations and good human resource management in the federal public service and Parliament. This benefits Canadians by supporting a productive and effective workplace that delivers government programs in the public interest.

Responsibilities

The PSLRB came into being on April 1, 2005, with the enactment of the PSLRA, replacing the Public Service Staff Relations Board (PSSRB), which had existed since 1967, when collective bargaining was first introduced in the federal public service. With the PSLRA came an expanded role and services, which now includes the delivery of compensation analysis and research services in addition to adjudication and mediation functions that were well established under the former regime.

The PSLRB provides three main services:

  • 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 - conducting compensation comparability studies and providing information that can be used in the negotiation and settlement of collective agreements.

The PSLRA covers some 255 000 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, and the Office of the Conflict of Interest and Ethics Commissioner), as well as for the Government of Yukon.

Employees of the federal public service deliver a vast array of programs and services that Canadians rely on. By providing Canadians with an environment that fosters harmonious labour relations in the federal public and parliamentary services, this minimizes the possibility of labour unrest that could lead to disruptions in the delivery of government programs to Canadians.

Strategic Outcome and Program Activity Architecture (PAA)

The PSLRB has one strategic outcome: harmonious labour relations in the federal public service and in Parliament, and one program activity: adjudication, mediation and compensation analysis and research. The PSLRB benefits Canadians by supporting a harmonious relationship between federal public servants and their employers, which improves the ability of the public service to serve the public interest.

Adjudication, Mediation and Compensation Analysis and Research--Harmonious Labour Relations in the Federal Public Service and in Parliament

Summary of Performance


2008-09 Financial Resources ($ thousands)
Planned Spending Total Authorities Actual Spending
6,756 13,309 12,933

The PSLRB’s financial resources have a direct impact on its ability to achieve its strategic outcomes and to deliver its activities. The following sections highlight the PSLRB’s performance and demonstrate linkages between resources and results.

At the outset of the 2008-09 fiscal year, the PSLRB’s planned spending was $6.8 million. Through Main Estimates and Supplementary Estimates, the department was allocated total authorities of $13.3 million, and its actual spending was $12.9 million. The increase in authorities came from funding that was received through Budget 2008 and other funding such as the operating budget carry forward and wage increases.


2008-09 Human Resources (FTEs)
Planned Actual Difference
104 90 14

The PSLRB had planned Full-time Equivalents (FTEs) of 104, while it actually had 90 for fiscal year 2008-2009. The variance of 14 FTEs reflects the inability of the PSLRB to conduct staffing actions during the recent compensation studies conducted by the CARS team, as all of the CARS’ efforts were devoted to the completion of those studies. Also, a high staff turnover in 2008-2009 meant that numerous positions had to be filled, which took several months and, therefore, resulted in staffing delays and the Board’s current FTE count.

Performance Summary


Strategic Outcome 1: Harmonious Labour Relations in the Federal Public Service and Parliament
Performance Indicators Targets 2008-09 Performance
Percentage of clients who are satisfied with the PSLRB’s ability to improve labour relations in the federal public service and Parliament through impartial and open processes and the quality of assistance, reports and educational tools it provides.

Source: 2007 Client Satisfaction Survey
75% of clients satisfied with the PSLRB’s services The extent to which clients are satisfied with the PSLRB’s services is provided in its Client Satisfaction Survey, which is conducted every three years. The survey helps identify areas for improvement. The last survey was conducted in 2007. Overall, the survey results indicated that client respondents generally indicated positive levels of satisfaction with all PSLRB services. Some of the indicators used in the survey included the quality of the assistance, reports and tools provided by the PSLRB, the overall quality of the PSLRB’s website, and the timeliness and fairness with which clients’ cases were resolved.

The next survey will be undertaken in 2010, the results of which will be reported in the DPR for 2010/11.


Program Activity 2007-08
Actual
Spending
2008-09 Alignment to Government of Canada Outcomes
Main
Estimates
Planned
Spending
Total
Authorities
Actual
Spending
Adjudication, mediation, and compensation analysis and research1 8 11,727 6,756 6,756 13,309 12,933 The strategic outcome and program activity of the PSLRB contribute to the achievement of the Government of Canada’s
Government Affairs Outcome area2 8 and to the smooth operation of the Government of Canada.
Total 11,727 6,756 6,756 13,309 12,933  

1 http://www.tbs-sct.gc.ca/est-pre/20082009/me-bd/pub/me-171_e.asp
2 http://www.tbs-sct.gc.ca/ppg-cpr/frame-cadre-eng.aspx

Contribution of Priorities to Strategic Outcome

Operational Priority #1
  • Continue to improve the delivery of mediation and adjudication services and to explore possible outreach opportunities for mediation services
  • Type: Previously committed to
  • Status: Mostly met
  • Linkages to Strategic Outcome
    • The PSLRB’s adjudication services contribute directly to harmonious labour relations in the federal public service and Parliament by continuing to be recognized by both labour and employer organizations as providing neutral and impartial decisions for the hearing of grievances and labour relations disputes.
    • The PSRLB’s mediation services contribute directly to this priority as they provide a forum for dispute resolution services at the appropriate organizational level and thus reduce the number of matters to be adjudicated.
    • The PSLRB has explored outreach opportunities, and after considering the statutory framework, the context of its growing caseload and its resources, the Board is focusing its efforts on assisting the parties to resolve the cases pending before the Board.
    • In line with its outreach efforts, another forum that remains a staple in the list of services provided by the PSLRB’s Dispute Resolution Services is the two-and-a-half day joint training session, which continues to be of interest to individuals from all sides working in and/or involved in the field of labour relations.
Operational Priority #2
  • Deliver compensation data and analysis
  • Type: Previously committed to
  • Status: Met all
  • In 2008-2009, the PSLRB released its first nationwide compensation studies, Technical Services Compensation Comparability Study and Total Compensation Study on Health-Related Occupations in Canada. The studies will provide the PSLRB with a solid foundation to undertake future studies.

  • Linkages to Strategic Outcome
    • The two compensation comparability studies were developed in collaboration with the parties for their use in the last round of negotiations, which contributes to harmonious labour relations in the federal public service.
Operational Priority #3
  • Continue to develop the Board’s infrastructure and human resources
  • Type: Previously committed to
  • Status:
    • Case Management System to manage case information electronically
      Somewhat met
      Additional work and time required to implement new system.

    • In 2008-2009, work continued on identifying requirements and implementing related databases and systems.
      Mostly met

    • Short-term accommodation:
      • Meet the PSLRB’s growth needs and new responsibilities.
        Met all

      • Develop a plan in 2008-2009 to meet the PSLRB’s needs.
        Met all

    • Human Resources:
      • Individual and group training plans
        Mostly met
        The PSLRB continues to encourage all employees to develop training plans and to discuss them with their managers.

      • Integrate HR planning into strategic and business planning
        Met all
        HR planning continues to be an intregal part of the PSLRB’s strategic planning.

  • Linkages to Strategic Outcome
    • Modern management policies, practices and systems will ensure that the PSLRB effectively manages its caseload and that it fulfills its responsibilities under the Public Service Labour Relations Act, which contributes directly to harmonious labour relations in the federal public service and in Parliament.
Management Priority
  • Horizontal Review of Human Resources Agencies
  • Type: New
  • Status: Met all (see Supplementary Information)
  • Linkages to Strategic Outcome
    • More stable, long-term funding will enable the PSLRB to fulfill its strategic mandate: to provide harmonious labour relations in the federal public service and in Parliament, to plan more effectively for the longer term, and to readily meet its future commitments.
Supplementary Information
Management Priority: Horizontal Review of Human Resources Agencies

Through the Horizontal Review of Human Resources Agencies, funding for central human resources management functions was reviewed to ensure that related programs are effective and efficient in meeting the priorities of Canadians and in providing value for money. As a result of Budget 2009, the PSLRB was provided with stable, long-term funding, which will greatly improve its ability to fulfill its mandate. However, additional funding for the PSLRB’s compensation surveys remains outstanding and will be more specifically determined during fiscal year 2009-2010.

Risk Analysis

The PSLRB has put in place key elements to ensure good governance, management and accountability. These include an annual strategic plan that takes into account operational priorities, resources (human and financial), key risks faced by the organization, and stakeholder expectations. It has also developed a Performance Management Framework that identifies well-defined and long-term program activities. In this report, the PSLRB is reporting on its performance, as measured against that framework.

Regularly updating its strategic plan and the Performance Management Framework enables the PSLRB to meet its responsibilities under the PSLRA and to maintain its flexibility to adapt to changes in the external environment, including those that may result from new legislation. It also enables the PSLRB to efficiently monitor and manage its performance on an ongoing basis.

Data sources for performance measurement include manual data collection, the Client Satisfaction Survey, which is undertaken every three years, and service-specific databases, along with the development of a new automated Case Management System (CMS) that, when implemented, will enable the PSLRB to manage case information electronically from initial intake to resolution. The CMS will facilitate more detailed performance reporting by allowing the collection of initial data. Enhanced data collection will be possible in the years that follow.

In 2008-2009, two risks were identified: the uncertainty of permanent funding for the PSLRB and delays in appointing individuals to fill Board member vacancies.

As a result of the Horizontal Review of Human Resource Organizations and Budget 2009, the PSLRB received more stable, long-term funding. This funding will allow the PSLRB to fully meet its responsibilities under the PSRLA, to plan more effectively for the longer term and to readily meet its future commitments. However, additional resources will be required over and above this funding for studies to be undertaken by the CARS team to support the collective bargaining process as part of the PSLRB’s expanded mandate. Those resources are still under review.

In 2008-2009, the PSLRB enjoyed a full complement of Board members, allowing it to function expeditiously and to adjudicate and render decisions in a timely manner. In previous years, the PSLRB had encountered delays in appointing members to the Board, often as a result of factors that are beyond its control (e.g., federal elections, Board member retirements, etc.). Not having a full complement affects the PSLRB’s ability to fulfill its responsibilities, most notably to effectively manage its caseload.

Expenditure Profile

The PSLRB’s actual spending was $12.9 million in 2008-2009. This spending trend has been on a positive slope since the enactment of the Public Service Modernization Act in 2003, increasing by 40% over the past 5 years. This increase is directly related to the PSLRB’s new and expanded mandate that came into effect in April 2005 following the enactment of the PSLRA. The PSLRB’s caseload progressively increased over the same period, requiring more resources for its adjudication and mediation services to enable it to deal with cases in a timely and efficient manner.

Since the expansion of its mandate, the PSLRB has steadily increased its capacity and invested in its infrastructure to deliver on its activities. During the past two years, the PSLRB’s operating costs have also increased due to the two compensation studies, conducted by the CARS team, which were released in April and November of 2008 (i.e., Technical Services Compensation Comparability Study and Total Compensation Study on Health-Related Occupations in Canada), and the fact that the organization maintained a full complement of Board members, which increased the number of cases that were closed. As well, in 2008-2009, the PSLRB was called upon to assist parties during the recent round of collective bargaining under the PSLRA, which resulted in increased demand and increased operating costs for its mediation and dispute resolution services, including the establishment of arbitration boards and public interest commissions.

The chart below shows the PSLRB’s spending trend over a six-year period, including planned spending for fiscal year 2009-2010.

Spending Trend

spending trend

Voted and Statutory Items

This table explains the way in which Parliament voted on resources for the Board, including voted appropriations and statutory authorities, as well as how funds were spent.


($ Thousands)
Voted or Statutory Item 2006-07 Actual Spending 2007-08 Actual Spending 2008-09 Main Estimates 2008-09 Actual Spending
85 Program expenditures 9,382.8 10,643.6 5,996.0 11,810.9
(S) Contributions to employee benefit plans 993.5 1,083.0 760.0 1,122.0
(S) Crown Assets Surplus 0.5 0.1 - -
Total 10,376.8 11,726.7 6,756.0 12,932.9