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SECTION II: ANALYSIS OF PROGRAM ACTIVITIES BY STRATEGIC OUTCOME

Program Activity by Strategic Outcome

Program Activity: Adjudication, Mediation, and Compensation Analysis and Research

2008-09 Financial Resources ($ thousands)			2008-09 Human Resources (FTEs)
Planned Spending	Total Authorities	Actual Spending	Planned	Actual	Difference
6,756	13,309	12,933	104	90	14

Expected Results	Performance Indicators	Targets	Performance Status	Performance Summary
1) Parties before the PSLRB receive a timely and fair resolution of their case	Based on 2007 Client Satisfaction Survey data, percentage of clients who are satisfied with the PSLRB’s services with respect to timeliness and fairness	75% Date to achieve target: 31/03/2011	Mostly met	The PSLRB is on target to meeting these results. More and more decisions are being issued within the 4-month standard; in fact, many are issued within 1 month. Fewer cases are carried over from previous years and the number of older cases has been significantly reduced.
2) Dispute-related issues are fully or partially resolved through mediation interventions	Percentage of mediation efforts (grievance or complaint cases and collective bargaining) where issues are partially or fully resolved	Date to achieve target: 31/03/2009	Met all	The PSLRB’s mediation services enable parties to more quickly address, and potentially resolve, disputes that may arise from collective bargaining, the administration of collective agreements and/or ongoing issues in the workplace. This contributes to more harmonious labour relations.
3) The PSLRB’s compensation data improves the process of collective bargaining	Percentage of PSLRB interventions with respect to collective bargaining (mediation, public interest commissions, arbitration boards) that use the PSLRB’s compensation data, when such data is available	80% Date to achieve target: 31/03/2010	Ongoing activity The PSLRB is further refining its performance indicators for this expected result.	The PSLRB’s CARS team contributes to harmonious labour relations in the public service and Parliament by supporting parties in their collective bargaining efforts and by making the information available to arbitration boards and public interest commissions to carry out their dispute resolution activities.

During 2008-2009, the PSLRB was successful in delivering on its program activities by providing adjudication, mediation, and compensation analysis and research services and, ultimately, in achieving its strategic outcome: harmonious labour relations in the federal public service and in Parliament. The data used to measure the PSLRB’s performance this fiscal year included the organization’s performance measurement framework, the 2007 Client Satisfaction Survey, service-specific databases and manual data collection.

In general, the PSLRB’s adjudication and mediation services were rated quite high in the survey (an average of 87.4% overall satisfaction for both adjudication and mediation services combined). The survey was administered to 376 clients who had had an interaction with the PSLRB during the 18-month period covered by the survey (January 2006 to June 2007). Clients included employer representatives/third party employer representatives, bargaining agents and third party representatives for applicants. With 234 surveys completed and compiled, the survey had a high response rate of 82.9%¹ and yielded valid results.

More detailed information about the PSLRB’s performance metrics is contained in the supplementary information provided below.

Supplementary Information

Expected Results

1) Parties before the PSLRB receive a timely and fair resolution of their case

i) Performance indicator: Based on Client Satisfaction Survey data, percentage of clients who are satisfied with the Board’s services with respect to timeliness and fairness

Performance data:

• 57% were satisfied/very satisfied with the scheduling of hearings
• 60% were satisfied/very satisfied with postponements
• 45% were satisfied/very satisfied with the timely issuing of decisions
• 75% were satisfied/very satisfied with the timeliness of mediation services
• 75% were satisfied/very satisfied with the timeliness of information provided by the Registry
• 85% were satisfied/very satisfied with the opportunity to present their case
• 79% were satisfied/very satisfied with procedural fairness

Source: 2007 Client Satisfaction Survey

2) Dispute-related issues are fully or partially resolved through mediation interventions

i) Performance indicator: Percentage of mediation efforts in relation to grievances or complaints that fully resolve issues²

Performance data:

• Grievance and complaint mediations: 82% of cases fully resolved*

*Calculated as the percentage of the total number of completed mediation cases (152) that were settled or withdrawn (124)

ii) Performance indicator: Success rate of preventive mediation cases (defined as a case not related to an adjudication case before the Board)³

Performance data:

• 87%*

*Calculated as percentage of total number of preventive mediation cases (79) that were settled or withdrawn (69)

Outputs

Decisions on applications, complaints and grievances

i) Performance indicator: Percentage of decisions issued within four months of the last day of the hearing or other proceeding

Performance data: For decisions tracked during the 2008 calendar year, the average time for decisions to be issued was 2.5 months. Out of 107 decisions that were issued, the standard was met 88% of the time.

Target: 75%

Date to achieve target: 31/03/2009

ii) Performance indicator: Among decisions sent for judicial review, percentage of challenges upheld in relation to the total number of decisions issued over a 5-year period.

Performance data: 2%*

* 15 applications were allowed out of 704 decisions rendered over the 5-year period from April 1, 2004 to March 31, 2009

Target: 2%

Date to achieve target: 31/03/2009

Management of cases

i) Performance indicator: Compliance rate with service standards for case management

Performance data: Data not available⁴

Target: 80%

Date to achieve target: 31/03/2009

ii) Performance indicator: Percentage of adjudication cases closed during a year over the total number of new cases received during the same year.

Performance data: During 2008-2009, 3365 cases were carried over from the previous fiscal year. As for new cases, 1499 were received, of which 1985 were closed, leaving 2879 that will be carried over into 2009-2010. Overall, 32.4% more cases were closed than were received during the year.

Target: 10%

Date to achieve target: 31/03/2009

Mediation in the negotiation and renewal of collective agreements, the management of relations resulting from the implementation of collective agreements, and in relation to grievances, complaints and other proceedings

i) Performance indicator: Percentage of grievance and complaint cases where the parties involved agreed to proceed with mediation efforts²

Performance data: Parties agreed to proceed with mediation in 43% of new cases*.

*Calculated as percentage of total number of new 2008-2009 cases (1068) in which the parties agreed to mediation (457).

Target: 60%

Given the voluntary nature of mediation services, the PSLRB will amend the target for this indicator. The PSLRB has no control over, nor can it reasonably be expected to, influence the parties’ desire to proceed with mediation, should one or the other not wish to do so. Accordingly, the target for subsequent years will be adjusted to 50%.

Date to achieve target: 31/03/2009

ii) Performance indicator: Percentage of collective bargaining mediations that reduce outstanding issues²

Performance data: 100%*

*In 2008-2009, there were 9 collective bargaining mediations. All 9 (100%) reduced outstanding issues.

Target: 50%

Date to achieve target: 31/03/2009

Conciliation and arbitration services

i) Performance indicator: Percentage of processes to establish public interest commissions and arbitration boards that are initiated within 5 business days of receiving all appropriate documentation²

Performance data: 100%

Target: 100%

Date to achieve target: 31/03/2009

Outreach material

i) Performance indicator: Percentage increase in visits to Board’s website in relation to benchmark year (2007-2008)

Performance data: 55%*. Between January and June of 2008, there were approximately 144 000 visits to the PSLRB website, which may be because the PSLRB issued a large number of decisions during that period. Data was collected for this six-month period only during the fiscal year as the organization changed its software for this task.

*There were about 55% more web visits from January to June 2008 compared to the same six-month period in 2007.

Target: 5%

Date to meet target: 31/03/2009

Benefits for Canadians

The PSLRB’s program activity — administering the collective bargaining and grievance adjudication systems, including mediation services and compensation analysis and research — contributes to the achievement of the Government of Canada’s Government Affairs outcome and to the smooth operation of the Government of Canada. 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.

Performance Analysis

In 2008-2009, the PSLRB made considerable progress in the area of adjudication. More specifically, fewer cases were carried over from previous years and more decisions were issued within the four-month standard timeframe established by the PSLRB. As well, to more effectively manage its sizeable caseload, the PSLRB is more frequently using case management tools such as pre-hearing conferences, which enable preliminary matters and procedural issues to be dealt with before the hearing.

During the reporting period, the PSLRB was asked to assist parties during the first major round of collective bargaining under the PSLRA. The PSLRB 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. The PSLRB officers who were involved in the collective bargaining process throughout this tumultuous period were able to help the parties deal with their labour disputes without affecting the delivery of government services to Canadians. Throughout 2008-2009, the PSLRB also continued to offer mediation for grievances and complaints and, on some occasions, preventative mediations. Through the promotion of its mediation services, the PSLRB encourages parties to find solutions to their disputes at the appropriate organizational level and in a timely manner. The resolution of disputes at this stage can reduce the number and length of formal hearing days and, as the parties reach a mutually acceptable settlement, these proceedings normally result in a better relationship between the parties involved.

Lessons Learned

Effectively managing a sizeable and increasingly complex caseload and reducing the amount of time it takes to close cases remains a priority for the PSLRB. A full complement of Board members, which the PSLRB enjoyed in 2008-2009, had a significant impact on the business of the PSLRB. More specifically, it enabled the PSLRB to function expeditiously and to adjudicate and render decisions in a timely manner.

As well, using a variety of case management tools to ensure effectiveness and efficiency remains a priority for the PSLRB. These tools include case management conferences, which can eliminate the need for a hearing entirely, mediation assistance, and pilot projects with some of its largest clients. For example, in 2008-2009, the PSLRB furthered its efforts in effective case management by conducting two pilot projects with its two largest clients: the Public Service Alliance of Canada and the Treasury Board. The cases in the pilot project were conducted more expeditiously than the PSLRB’s standard hearings and many were reviewed collectively. The success of the pilots resulted in the PSLRB and its clients discussing a similar project in a different part of the country in 2009-2010.

After conducting and publishing the results of two compensation studies, including extensive consultations with the parties to bargaining and other stakeholders, the PSLRB established a solid foundation on which to build its future and recurrent studies that will cover a broader segment of occupations comparable to those in the federal public service.

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