ARCHIVED - RPP 2007-2008
Public Service Labour Relations Board

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SECTION I:  OVERVIEW

Chairperson’s Message

I am pleased to present the 2007-2008 Report on Plans and Priorities for the Public Service Labour Relations Board (the Board).

As newly appointed Chairperson of the Board, I feel very privileged to have been given the opportunity to lead an organization with such a solid record of achievement in administering the collective bargaining and grievance adjudication systems in the federal public service and parliamentary service. Thanks to the joint efforts of current and past Board members, management and employees, the Board is widely recognized as a highly credible and necessary organization.

The Board’s work serves the public interest by promoting harmonious labour relations and minimizing the potential of labour unrest that can interfere with the provision of federal government programs and services to Canadians.

In April 2005, the Board’s mandate as an independent quasi-judicial tribunal was broadened with the enactment of the Public Service Labour Relations Act. Under this Act, the Board is responsible for adjudicating grievances, complaints, and other labour relations applications, as well as offering mediation, conciliation and arbitration services. As part of its new mandate, the Board is establishing compensation analysis and research services that will support the collective bargaining process.

The Board is committed to conducting itself in an open and impartial manner consistent with the law, procedural fairness and the rules of natural justice as it deals with matters that have a significant impact on labour relations in the federal public service. The Board endeavours to continue to consult with both labour and management to facilitate and improve its processes and to educate clients and the public about its role, services and jurisprudence.

For the past few years, the Board has expended considerable effort managing the transition of its operations from the former legislation to the new regime. Over the coming year, the Board will be pursuing its efforts to address the backlog of cases, to solidly establish the compensation analysis and research function and deliver compensation data, and to continue to improve the Board’s management framework and infrastructure. Focusing on these priorities will help ensure that the Board’s services and operating systems remain effective and efficient for the delivery of its mandate.

I look forward to leading the Board in the accomplishment of its ambitious agenda in 2007-2008. All those who work for the Board are strongly committed to sustaining their efforts in the year ahead and continuing to promote harmonious labour relations in the federal public service and parliamentary service in the interests of all Canadians.

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

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Management Representation Statement

I submit, for tabling in Parliament, the 2007-2008 Report on Plans and Priorities 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 2007-2008 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 Board’s 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 planned spending numbers from the Treasury Board Secretariat.

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

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Summary Information

Reason for existence

The Public Service Labour Relations Board (the Board) is an independent quasi-judicial tribunal mandated to administer the Public Service Labour Relations Act (PSLRA) and the Parliamentary Employment and Staff Relations Act (PESRA). Itprovides adjudication services, mediation services, and compensation analysis and research services to the federal public service and the parliamentary service of Canada.

Through its role in adjudicating grievances and complaints, mediating disputes, supporting the collective bargaining process and performing compensation analysis and research, the Board helps foster harmonious labour relations in the federal public service. Collaborative efforts between labour and management, through communication and sustained dialogue, improve the ability of the public service to serve and protect the public interest. This benefits Canadians by minimizing the possibility of labour unrest that can disrupt the delivery of government programs.

The Board came into being on April 1, 2005 with the enactment of the PSLRA. It replaced the Public Service Staff Relations Board (PSSRB), which had been in existence since 1967 when collective bargaining was first introduced into the public service of Canada. Although the PSLRA effectively created a new Board with a new mandate, in fact, the Board continues to provide many of the same services as the former PSSRB and builds on its accomplishments and the solid body of jurisprudence it generated.

Financial Resources*:

2007-2008 1	2008-2009 1	2009-2010 1
$11,405	$6,705	$6,705

*($ Thousands)

Human Resources:

2007-2008 2	2008-2009 2	2009-2010 2
104 FTEs	104 FTEs	104 FTEs

1. Does not include incremental funding that is being requested by the Board to deliver its new functions mandated by the PSLRA.
2. Includes new positions already staffed or being staffed on an indeterminate basis to deliver the new legislative framework and for which funding has not yet been guaranteed.

Priorities by Strategic Outcome: Strategic Outcome:  Harmonious labour relations in the Federal Public and Parliamentary Service. Program Activity:  Administration of collective bargaining and grievance adjudication systems, including mediation, and compensation research and analysis.
Priority	Type	Planned ($ Thousands)
		2007-2008	2008-2009	2009-2010
1) Deliver on the Board’s statutory mandate under the Public Service Labour Relations Act and the Parliamentary Employment and Staff Relations Act Expected outcome: 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.	ongoing	11,150	6,705	6,705
2) Continue to enhance and improve the Board’s management framework and infrastructure Expected outcome: Modern management policies, practices and systems support high performance and clearly defined accountabilities.	ongoing	255	Pending approval of funding	Pending approval of funding

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Plans and Priorities

Operating environment

The Public Service Labour Relations Act (PSLRA), which was proclaimed in force on April 1, 2005, is part of the reforms in human resource management introduced into the federal public service over the last few years. The PSLRA is 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.

Following is an overview of the key changes introduced by the PSLRA.

• It establishes a more comprehensive unfair labour practices regime and creates more comprehensive grievance and adjudication mechanisms.
• It requires each department and agency to establish a labour-management consultation committee in cooperation with the bargaining agents.
• The PSLRA provides for the co-development of workplace improvements, a process whereby representatives of both the employer and employees work together to resolve workplace issues.
• Each department and agency must establish an informal conflict management system in cooperation with the bargaining agents.
• The parties must negotiate and conclude essential services agreements to protect the safety and security of the public during a strike.
• When hearing grievances, adjudicators are empowered to consider aspects of the grievance that relate to discrimination within the meaning of the Canadian Human Rights Act, which was not possible under the former Act.
• The interpretation or the application of a collective agreement may be the focus of a policy grievance presented by the employer or the bargaining agent, or a group grievance presented by the bargaining agent.
• The PSLRA requires a vote by secret ballot within 60 days before a strike.

The Public Service Labour Relations Board was established with the enactment of the PSLRA and is mandated to administer the new legislative framework.

Risks and challenges

The Board, as part of its strategic planning, identifies, regularly updates, and monitors the status of risks that have the potential to challenge the Board’s ability and capacity to deliver its obligations. Such risks include the lack of a permanent funding base to cover all new functions under the Board’s mandate, delays in the appointment of Board members that restrict the Board’s capacity to hold hearings, and the lack of acceptance by parties of compensation data provided by the Board due to their differing opinions on key methodological issues. 

The Board is also facing challenges in the administration of its new mandate. Matters that had been filed with the former PSSRB continue to be dealt with by the new Board, with no need to re-file. This requires the Board’s employees to manage two legislative regimes concurrently since a majority of the cases in the Board’s registry continue to be governed by the former Act, adding to the complexity of its cases. These transitional rules are likely to continue for some time as a result of the many steps in the grievance processes at the departmental level.  

Other complexities in the administration of the Board’s mandate include but are not limited to the introduction of pre-hearing conferences, increased restrictions to file labour relations complaints, the introduction of multiple types of grievances (individual, group and policy, each with different reporting requirements), the addition of the Canadian Human Rights Commission as an entity that may make submissions to the Board, and the addition of new requirements for managerial and confidential exclusion orders. As more groups become unionized under the PSLRA regime, the Board’s jurisdiction continues to increase, possibly leading to the need to adjudicate additional grievances.

Finally, fiscal year 2007-2008 will be a particularly busy period for collective bargaining, as many agreements will be due for renegotiation. This will add increased demand on the dispute resolution services of the Board and may reduce their capacity for other mediation services.

2007-2008 plans and priorities

The Board has one key program activity: to administer the collective bargaining and grievance adjudication systems in the federal public service and the parliamentary service, including mediation and compensation analysis and research.

By carrying out this activity, the Board’s ultimate strategic outcome is to provide Canadians with an environment that fosters harmonious labour relations in the federal public service and parliamentary service, thereby minimizing the possibility of labour unrest that could lead to disruption in the delivery of government programs.

The Board’s first priority remains the efficient and effective delivery of its statutory mandate as set out in the Public Service Labour Relations Act and the Parliamentary Employment and Staff Relations Act (PESRA). All other priorities are discretionary and dependent on having resources available.

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

The expeditious handling of proceedings referred to the Board in accordance with the rules of natural justice and fairness is fundamental to maintaining the Board’s integrity and credibility and in carrying out its statutory mandate. 

Grievances referred for adjudication make up the largest number of proceedings before the Board, and in 2005-2006 accounted for approximately 83% of the applications received. The types of grievances that can be referred to the Board result from disputes about the application or interpretation of collective agreements or arbitral awards or from major disciplinary action including termination.

In 2005-2006, the Board’s active grievance caseload stood at just over 5,000 due to considerable increases over recent years in the number of new grievances being submitted to the Board.

At the same time as the volume of active cases has been increasing from year to year, many employer groups and bargaining agents have been experiencing reductions in the resources available to deal with them. This has led to a large number of postponements being requested by one or both parties and being granted by the Board. The result has been a growing backlog of cases.

The Board remains very committed to bringing its caseload to a more manageable level. It has devoted increased internal resources to its registry office and has revised some of its processes. In 2007-2008, it will further analyze its backlog to identify additional opportunities for measures that will reduce the backlog. In close consultation with parties, it will implement changes to its process with respect to the scheduling of hearings and the granting of postponements. The participation of parties at preparatory fact-finding meetings will be encouraged. The Board will also continue to promote alternative dispute resolution processes such as mediation. 

The Board continues to explore alternate methods of making the most effective use of adjudicators, Board members and hearing days, such as using expedited adjudication and having other cases available for substitution when one matter is removed from the schedule.

Under the PSLRA, mediation and conflict resolution are now key elements of the statutory mandate of the Board. As such, the Board offers mediation in all grievance and complaint cases. It also offers preventive mediation services. Mediation leads to a decrease in the number of matters actually heard at adjudication, and tends to improve long-lasting relations between the parties. The demand for the Board’s mediation services has increased due to a larger volume of grievance adjudication cases submitted to the Board and new requests for assistance from parties related to new PSLRA requirements such as the establishment of Labour Management Consultation Committees and Informal Conflict Management Systems. The Board will continue to find innovative ways to respond to increased demands.

The Board assists parties in their collective bargaining efforts through its mediation, conciliation and arbitration services. In providing dispute resolution services, it helps parties reach agreements, thus avoiding potential labour disruptions that could ultimately affect government services to the Canadian public. The next major round of collective bargaining in the public service will occur in 2007-2008, hence further increasing demands on the Board’s dispute resolution services over the next year.

The Board’s statutory mandate was expanded in April 2005 when it gained a new responsibility with the enactment of the new PSLRA — compensation analysis and research — and it created a new unit to carry it out. In 2007-2008, the Board will continue to build the compensation analysis and research function and begin delivering compensation data.

Compensation Analysis and Research Services (CARS) was set up to collect, analyze and disseminate compensation information in support of the collective bargaining and compensation determination processes in the federal public and parliamentary services. 

Compensation is often a key issue at the bargaining table and can represent a major challenge in reaching a settlement. Conflict can be reduced when both sides are able to rely on accurate and comprehensive data that is collected and provided by a neutral and authoritative third party. When both parties can begin negotiations by agreeing on the market-based compensation data they will use as a reference point, they can better focus their time and efforts on negotiating substantive issues.

In the future, compensation survey results, grounded in sound methodology, will be disseminated to the more than 50 parties to the collective bargaining process in the federal public service (employers and bargaining agents), as well as to other public sector institutions, private sector organizations, and the general public.

Important progress has been made in establishing CARS and laying a solid foundation for its future work, including staffing the unit and holding extensive consultations with the parties to bargaining in the federal public service and with provincial governments.

Consultations with the parties have revealed a diversity of priorities, views and objectives, but have also confirmed the definite need and support for sound and reliable compensation information while discussions with provincial administrations have served to verify their willingness to participate in the Board’s compensation surveys and in some cases, to explore the opportunity for joint survey activities.

In 2007-2008 CARS will undertake a small number of compensation data pilot projects, the results of which can be used in the next round of public service collective bargaining, which is scheduled for 2007 and 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. The Board has selected a small number of these surveys to be carried out in the short term in close cooperation with the parties.

CARS will also undertake work to develop a long-term survey strategy, methodology and processes. Statistics Canada has been retained to give the Board access to a team of experts in survey methodology, information processing and survey operations. Work initiated this year will go forward in 2007-2008 to identify and resolve methodological and process issues related to conducting a comprehensive national compensation survey.

CARS aims to maintain a small core organization supported by external service providers who will develop survey tools and conduct field work. CARS has not yet fully staffed key positions as there is a shortage of individuals who have the required expertise in job evaluation and compensation research and a solid understanding of labour-management relations in the federal public service. In 2007-2008, CARS anticipates having in place a number of employees with the skills and experience required.  

The Board will continue to build on its status as a neutral and independent third party to achieve these objectives, in consultation with the parties. It will also continue to rely on the objective and independent advice of members of the Advisory Board on Compensation Analysis and Research that concern methodology and process-related issues and overall direction in deploying a national compensation survey.    

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

The Board is committed to continually improving its management framework and infrastructure, which supports its legislative mandate, ensures accountability and sets out a shared vision of expected results. Areas for improvement have been identified and initiatives are undertaken on an ongoing basis to enhance the Board’s practices, policies, frameworks and systems.

In May 2004, the Treasury Board Secretariat introduced new security standards, which federal departments and agencies are required to meet to ensure the security of information and information technology (IT) assets under their control.

A multi-year action plan in line with the size and capacity of the Board has been developed to fulfil the many requirements of these standards. In 2006-2007, the Board delivered on a business continuity plan and revised numerous IT policies and procedures based on a threat and risk assessment of programs, services and systems.

Over the next 12 months, the Board will focus on integrating IT security requirements in all decisions made related to new projects and services, on establishing processes to ensure that security requirements for systems and services are reviewed at each stage of their life cycle, on establishing and maintaining more active relationships with security establishments such as Public Safety Emergency Preparedness Canada and on expanding the utilization of encryption. The Board will rely on government-wide initiatives and strategies to deliver on other elements of the standards.

In 2007-2008, the Board will continue to implement a comprehensive effort to revamp its case management application environment to respond to the pressures of a higher volume of more complex cases, to give employees more efficient, up-to-date and integrated tools for managing cases, and to conform to government IT standards.  

Following the successful development of a prototype in 2005-2006, work proceeded in 2006-2007 to phase in the initial modules of the new case management system, which is designed to facilitate the electronic management of cases from their initial intake to the distribution and posting of decisions on the Board’s website. This phased-in approach is intended to minimize impact on employees, provide sufficient time for training, produce gradual results and allow for realignments along the way.  Work will continue in 2007-2008 to phase in the remaining modules.

In 2007-2008, the Board will also focus on improving the management of its information, which is a valuable asset requiring sound management practices. Over the next year, the Board will launch the implementation of an action plan to strengthen its ability to manage information in both paper and electronic formats.

Recognizing that the values set out in the Board’s mission statement are central to the delivery of all its services, work will go forward in 2007-2008 to develop an integrated, comprehensive code of conduct for employees, which builds on the existing ethics and values framework. A code of conduct is already in place for Board Members.  

A new Government of Canada Policy on Internal Audit took effect on April 1, 2006 to strengthen public sector accountability, risk management, resource stewardship and good governance by reorganizing and bolstering internal audit on a government-wide basis. Under the new policy, the Office of the Comptroller General of Canada conducts horizontal and other audits on small departments and agencies such as the Board.  Based on the size of the organization and the level of risks, deputy heads may decide that the work performed by the Office of the Comptroller General fully meets their internal audit requirements or that further internal audits are necessary.

The Board has instituted a culture for internal audit and has made it a practice for a number of years to commit ongoing and sufficient resources to this function. The Board produces a multi-year audit plan addressing the areas of highest risk and significance.  When developing this plan, the Board takes into consideration the topics that are scheduled to be covered by government-wide audits to avoid duplication of efforts. See below for a list of scheduled audit projects.

Program evaluation opportunities are limited at the Board 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 Board solicits client feedback with respect to its services in a formal way through the conduct of client satisfaction surveys on a three-year cycle. The next client satisfaction survey is scheduled for 2007. 

Upcoming Internal Audits and Evaluations 

Name of Internal Audit/Evaluation	Audit Type/ Evaluation Type	Status	Expected Completion Date
Workplace Safety	Assurance audit	planned	March 31, 2007
Business Continuity Planning Program	Assurance audit	planned	June 30, 2007
Client Satisfaction Survey	Program evaluation	planned	December 31, 2007
Financial Operations	Assurance audit	planned	March 31, 2008
Inventory	Assurance audit	planned	September 30, 2008

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 as set out in the Government of Canada’s “whole of government framework.” The strategic outcome and program activity of the Board contribute to the smooth operation of the Government of Canada.

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