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PSLRB Departmental Performance Report (DPR) - 2011-12

2011-12
Departmental Performance Report



Public Service Labour Relations Board






The Honourable James Moore, P.C., M.P.
Minister of Canadian Heritage and Official Languages




Table of Contents

Chairperson's Message

Section I: Organizational Overview

Section II: Analysis of Program Activities by Strategic Outcome

Section III: Supplementary Information

Section IV: Other Items of Interest


Chairperson's Message

Casper Bloom, Chairperson

It is a pleasure to present the Performance Report for the Public Service Labour Relations Board (PSLRB) for the period ending March 31, 2012.

I am very pleased with the progress and efficiency gains that the PSLRB achieved this year in meeting our priorities.

Our shift to a more proactive, analytical approach to managing a caseload that has grown from 1,200 a decade ago to nearly 6,000 today, served us well, as did our efforts to continue to review, analyze and streamline our adjudication and mediation processes to optimize our resources. Through our Client Consultation Committee, which comprises representatives from the PSLRB, employers and bargaining agents, we focused on ways to better manage the hearing process through initiatives such as finding solutions to deal with last-minute hearing postponements and holding more expedited hearings.

On the mediation side, the PSLRB continued to promote the use of its Dispute Resolution Services mediators, conducting 80 separate mediation interventions for grievances and complaints that had been referred to the PSLRB. This meant that 169 files that were referred to adjudication were resolved without hearings – a significant efficiency gain.

Another key priority in which we made inroads was the acquisition and implementation of an effective case management system, which will not only enable us to better manage our caseload but will ensure we continue to meet our mandated responsibilities and will ultimately result in the smooth delivery of government programs and services to Canadians. We anticipate that the new system will be in place by fall 2012.

During the year, the PSLRB Compensation Analysis and Research Services unit developed more than 80 of the 100 benchmark job capsules to be featured in its national compensation comparability study, the first phase of which the PSLRB plans to launch in fall 2012.

Finally, we devoted considerable time to improving our Information Management framework by establishing an effective governance structure and implementing an action plan that included several initiatives and tools to help employees better manage their information.

None of these accomplishments would have been possible without the hard work, dedication and loyalty of my colleagues and all PSLRB employees. Thanks to their efforts, the PSLRB continues to be recognized as a unique and leading force in the labour relations realm.

The original version was signed by

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

Section I: Organizational 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 combine both adjudication functions and responsibilities as an impartial third party in the collective bargaining process. By resolving labour relations issues in an impartial manner, the PSLRB contributes to a productive and efficient workplace that ultimately benefits Canadians through the smooth delivery of government programs and services.

Responsibilities

The PSLRB came into being on April 1, 2005, with the enactment of the PSLRA, replacing the Public Service Staff Relations Board, which had existed since 1967, when collective bargaining was first introduced in the federal public service.

The PSLRB’s three main services are as follows:

The PSLRB Executive Committee comprises the Chairperson, up to three Vice-Chairpersons, the Executive Director, the General Counsel and six directors. The Committee provides strategic direction and oversight for the priorities and projects established in the PSLRB’s annual strategic plan.

As per section 44 of the PSLRA, the Chairperson is the PSLRB’s chief executive officer and has overall responsibility and accountability for managing the work of the PSLRB.

The Executive Director is responsible for providing the direction for, and the supervision of, the daily operations of the PSLRB. Reporting to the Chairperson, he is supported by six directors, who have direct responsibility and accountability for establishing priorities, managing the work and reporting on the performance of their specific units. The General Counsel also reports to the Chairperson and is responsible for providing legal advice and support to the Chairperson and Board members.

Full- and part-time Board members are responsible for administering the PSLRA by conducting hearings across Canada and by rendering decisions at those hearings. Appointed by the Governor in Council for terms of no longer than five years, they may be reappointed.

The PSLRA covers over 245,000 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, the Office of the Conflict of Interest and Ethics Commissioner, and the Office of the Senate Ethics Officer). As well, under an agreement with the Yukon government, the PSLRB also administers the collective bargaining and grievance adjudication systems required by the Yukon Education Labour Relations Act and the Yukon Public Service Labour Relations Act. When performing those functions, the PSLRB acts as the Yukon Teachers Labour Relations Board and the Yukon Public Service Labour Relations Board, respectively.

As well, the mandate of the PSLRB has been further expanded as a result of transitional provisions under section 396 of the Budget Implementation Act, 2009. Specifically, the PSLRB is responsible for dealing with existing pay equity complaints for the public service that were, and could be filed, with the Canadian Human Rights Commission and with those that may arise in the future under the Public Sector Equitable Compensation Act (PSECA). While the PSECA has yet to come into force, the PSLRB will need to invest significant efforts and resources to prepare for the coming into force of that Act.

Strategic Outcome and Program Activity Architecture

The PSLRB has one strategic outcome: the resolution of labour relations issues in the federal public service and in Parliament in an impartial manner, and one program activity: adjudication, mediation, and compensation analysis and research. This contributes to a productive and efficient workplace that ultimately benefits Canadians through the smooth delivery of government programs and services.

Program Activity Architecture Diagram

[text version]

Organizational Priorities

Summary of Progress Against Priorities


Priority Type Strategic Outcome and/or Program Activity
Continue to improve service delivery
  • continue to implement more streamlined, responsive and effective adjudication and mediation processes
Previously committed to The PSLRB has one strategic outcome: the resolution of labour relations issues in the federal public service and in Parliament in an impartial manner as mandated by the PSLRA and the PESRA, and one program activity: adjudication, mediation, and compensation analysis and research services*.
Continuing to improve service delivery by implementing more streamlined, responsive and effective adjudications contributes to a productive, efficient workplace that is free from service disruptions. This ultimately benefits Canadians who receive programs and services that provide economic, social and cultural benefits.

The PSLRB continued to streamline its adjudication and mediation processes in consultation with the parties (i.e., employers and bargaining agents), particularly through its Client Consultation Committee. The Committee focused on efficiently planning and managing the hearing process through initiatives such as finding solutions to deal with last-minute hearing postponements, and holding more expedited hearings. As well, the PSLRB shifted its case management approach to use analytics and strong case management tools to cater more specifically and efficiently to the needs of certain parties. As a result of the aforementioned consultations, the PSLRB created a special task force to address the specific needs of certain parties, which involved a combined effort of accelerated mediation and adjudication services.

Priority Type Strategic Outcome and/or Program Activity
Prepare for legislative changes
  • continue to establish and equitable compensation capacity
Previously committed to *As previously noted.
As the Public Sector Equitable Compensation Act (PSECA) has yet to come into force, the PSLRB continues to monitor the Treasury Board of Canada Secretariat’s pronouncements concerning the legislation. Any further work would be premature until the regulations have been implemented.

Priority Type Strategic Outcome and/or Program Activity
Continue to improve the PSLRB's infrastructure
  • acquire and implement a new case management system
Previously committed to *As previously noted.
Implementing a case management system with enhanced performance measurement and reporting capabilities will ensure the PSLRB effectively and efficiently manages its sizeable and increasingly complex caseload and that it fulfills its responsibilities under the PSLRA. This will in turn contribute to a productive and efficient workplace and, therefore, the smooth delivery of government programs and services to Canadians.

Following the development of a case management prototype in September 2011, the PSLRB purchased the necessary licenses for that module. Once the testing and quality assurance scripts have been completed, it is expected that the new system will be in place in fall 2012. The new system will improve electronic access to, and the management of, case information, as well as the tracking, follow-up and security of case information.

Priority Type Strategic Outcome and/or Program Activity
Continue to improve the PSLRB's infrastructure
  • enhance the document and information management strategy and the associated infrastructure and capacity
Previously committed to *As previously noted.
Given its mandate, it is critical that the PSLRB enhance its capacity to efficiently manage, store and retain its information assets. In addition to updating its records management system (i.e., Documentum), which has proven to be a reliable and robust solution, the PSLRB made significant progress implementing its Information Management (IM) strategy and action plan that will include standardized classification, storage and retention practices.

Key activities undertaken during the reporting period included establishing the necessary governance to ensure the IM project is a success and helping employees better manage their information through various initiatives, tools and opportunities.

Priority Type Strategic Outcome and/or Program Activity
Continue to improve the PSLRB's infrastructure
  • address accommodation shortfalls
New *As previously noted.
Committed to optimizing its office space, the PSLRB undertook a space consolidation project to ensure it will have the necessary space to undertake the preparatory work for the next CARS survey.

Priority Type Strategic Outcome and/or Program Activity
Continue to improve the PSLRB's infrastructure
  • integrate human resources planning into strategic planning
Ongoing *As previously noted.
All human resources issues are discussed at the PSLRB yearly strategic planning session with a view to setting HR direction for the next year. As well, the PSLRB’s HR division updated its comprehensive HR plan, which includes staffing strategies for addressing recruitment and retention, and posted it on the organization’s intranet. The plan is linked to the PSLRB’s mandate and the commitments identified in its annual Report on Plans and Priorities, and the principles and practices of the plan are incorporated into divisional work plans.


Risk Analysis

Delays in implementing a new electronic case management system to date poses a potential risk to the PSLRB as the existing system is dated and it will not be supportable when the organization migrates to a new information technology platform. Acquiring a new case management system – a key priority for the PSLRB – is critical to the organization’s continued success in effectively managing its robust caseload. A new system will help the organization to better assess the type of cases it receives and group them in a manner that will allow them to be more effectively addressed.

The PSLRB made significant progress this year addressing this matter. As previously mentioned in this report, the PSLRB purchased the licenses required for its new case management module. Following testing and quality assurance scripts throughout summer 2012, the system will likely be in place in fall 2012.

While the PSECA has yet to come into force, the PSLRB must establish the necessary capacity to administer the new equitable compensation regime once the regulations have been completed. To mitigate risk, the PSLRB continues to monitor the Treasury Board of Canada Secretariat’s pronouncements concerning the passage of the regulations. No further work will be undertaken until the regulations have been implemented. However, in the meantime, under Budget Implementation Act, 2009, the PSLRB must also deal with the pay equity complaints that were filed with the Canadian Human Rights Commission and that were subsequently referred to the PSLRB.

As well, as reported for the past two years in the PSLRB Reports on Plans and Priorities, the expansion of the organization’s mandate, particularly with respect to the Compensation Analysis and Research Services, presents significant challenges. During the year, the Compensation Analysis and Research Services put in place the necessary tools, processes and systems to ensure it remains in a state of readiness to conduct its recurring national compensation comparability and other studies, and surveys that support collective bargaining and compensation decisions.

Finally, an ongoing challenge for the PSLRB is having an appropriate complement of full-time members, appointed by the Governor in Council, to effectively and efficiently manage its sizeable and increasingly complex caseload. When Board members’ terms expire, it is often a challenge to identify and recommend qualified individuals to fill those vacancies. Since his appointment as PSLRB Chairperson in 2007, the Chairperson and Board officials have worked proactively with the Minister’s office to ensure positions are filled as quickly as possible, including part-time Board member vacancies as they play a critical and highly valuable role in addressing the PSLRB’s overall workload. In general, this practice has been successful. During the year, one new Vice-Chairperson was appointed and one part-time Board member was appointed as a full-time member.

Summary of Performance

2011-12 Financial Resources ($ thousands)


Planned Spending Total Authorities Actual Spending
13,749 15,334 13,447

2011-12 Human Resources (full-time equivalent [FTEs])


Planned Actual Difference
93 91 2

The PSLRB had planned 93 full-time equivalents (FTEs) for 2011-12, while the actual number was 91. The difference of 2 FTEs reflected vacancies in the complement of full-time Board members and Compensation Analysis and Research Services employees and staff turnover. Those factors were offset by the increased resources the PSLRB required to achieve certain priorities, such as the acceleration of its IM project.

Summary of Performance Tables

Progress Toward Strategic Outcome


Strategic Outcome: Resolution of labour relations issues in the federal public service and in Parliament in an impartial manner
Performance Indicators Targets 2011-12 Performance
Percentage of clients who are satisfied with the impartiality of the PSLRB’s services 75% Above target
The extent to which clients are satisfied with the PSLRB’s services is provided in its Client Satisfaction Survey1, the most recent of which was undertaken in fall 2010. In general, for the hearing process and the services provided by the PSLRB Registry, Operations and Policy Directorate, 79% of respondents were satisfied with procedural fairness and 89% were satisfied with the fair and impartial treatment they received.
Percentage of collective bargaining mediations that reduce or fully resolve outstanding issues 75% Below target (60%)

Performance Summary, Excluding Internal Services

Program Activity 2010-11
Actual
Spending
2011-12
($ thousands)
Alignment to Government of Canada Outcome
Main
Estimates
Planned
Spending
Total
Authorities
Actual
Spending
Adjudication, Mediation and Compensation Analysis and Research 8,313 9,780 9,780 11,016 9,369 As a quasi-judicial tribunal operating in the area of labour relations, the strategic outcome and program activity of the PSLRB are aligned with the Government of Canada’s Well-managed and Efficient Government Operations Outcome Area2*. The resources allocated to the PSLRB contribute to supporting well-managed and efficient government operations.
Total 8,313 9,780 9,780 11,016 9,369  
*The PSLRB’s 2011-12 Report on Plans and Priorities identified the alignment of its Program Activity with the Government of Canada’s spending area, rather than the Outcome Area.

Performance Summary for Internal Services

Program Activity 2010-11
Actual
Spending
2011-12
($ thousands)
Main
Estimates
Planned
Spending
Total
Authorities
Actual
Spending
Internal Services 3,576 3,969 3,969 4,318 4,078

Strategic Environmental Assessment

During 2011–12, the Public Service Labour Relations Board considered the environmental effects of initiatives subject to the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals3 and did not produce any public statements.

Expenditure Profile

The PSLRB’s actual spending was $13.5 million in 2011-12, an increase of 13% compared to 2010-11. The increase is largely attributable to severance pay benefits that were earned prior to the termination of employment, as outlined in various collective agreements. Other contributing factors were the costs for initiatives launched by the Compensation Analysis and Research Services, such as the preparatory work for its national study, costs associated with developing benchmark job capsules for selected occupations within the federal public service, and the investment to provide a secure electronic file transfer system to enable the receipt of incumbent compensation data from participating organizations across Canada. As well, the PSLRB continued to invest in its infrastructure—a key priority identified earlier in this report.

Departmental Spending Trend Graph

[text version]

Estimates by Vote

For information on our organizational votes and/or statutory expenditures, please see the 2011-12 Public Accounts of Canada (Volume II) publication. An electronic version of the Public Accounts is available at http://www.tpsgc-pwgsc.gc.ca/recgen/txt/72-eng.html4.


Section II: Analysis of Program Activities by Strategic Outcome

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

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

Program Activity Description

The PSLRB has one strategic outcome: resolution of labour relations issues in the federal public service and in Parliament in an impartial manner, and one program activity: adjudication, mediation, and compensation analysis and research. By resolving labour relations issues in an impartial manner, the PSLRB contributes to a productive and efficient workplace that ultimately benefits Canadians through the smooth delivery of government programs and services.

Program Activity: Internal Services

Program Activity Description

Internal services are groups of related activities and resources that are administered to support the needs of programs and other corporate obligations of an organization, such as management and oversight services; communications services, human resources management services; financial management services; information management services; information technology services; and other administrative services. Internal services include only those activities and resources that apply across an organization and not to those provided specifically for a program.

The Public Service Labour Relations Board contributes to the Greening Government Operations targets through the Internal Services program activity.

For additional details on the PSLRB’s Greening Government Operations activities, please see the List of Supplementary Information Tables in Section III.


2011-12 Financial Resources ($ thousands)
Planned Spending Total Authorities Actual Spending
9,780 11,016 9,369


2011-12 Human Resources (FTEs)
Planned Actual Difference
64 60 4


Expected
Results
Performance
Indicators
Targets Actual Results
1)Cases are resolved through adjudication in accordance with the principles of law Among decisions referred for judicial review, percentage of challenges upheld in relation to the total number of decisions issued over a 5-year period Less than 2% Below target (2.6%)
2)Cases and collective bargaining disputes are resolved through mediation interventions Percentage of mediations where grievances, collective bargaining or complaint issues are reduced or resolved 75% Above target (78%)
3)Compensation data is available for negotiations by the parties Percentage of time and compensation information that is relevant and available in time for negotiations* 100% N/A
The PSLRB plans to launch the first wave of its national compensation study in 2012-13

*This indicator is no longer valid and will change in fiscal year 2012-13.

Performance Summary and Analysis of Program Activity

An ongoing challenge for the PSLRB is to enhance its capacity to manage a robust and increasingly complex caseload that has grown from 1,200 cases a decade ago to nearly 6,000. This has a direct impact on the organization’s ability to effectively and efficiently deliver adjudication and mediation services and ultimately contribute to a productive workplace that is free from service disruptions.

Various factors affect the PSLRB’s ability to deliver its services as promptly and efficiently as it would like, including the availability of parties for hearings and requests for postponements and continuances.

As previously mentioned in this report, to address these challenges, the PSLRB continued to devote considerable time and effort to implementing more streamlined, responsive and effective adjudication and mediation processes in consultation with the parties (i.e., employers and bargaining agents), particularly through its Client Consultation Committee, which convened three times during the year. The Committee focused on finding ways to be more efficient at hearings and explored ideas that included advancing the handling of specific unfair labour practice complaints by standardizing requests for more detailed information at the beginning of the process; finding solutions to address last-minute hearing postponements; helping employers and bargaining agents achieve a common understanding of the way in which the PSLRB manages essential services agreements, and holding more pre-hearing conferences.

The PSLRB also shifted its case management approach to use analytics and strong case management tools to cater more specifically and efficiently to the needs of certain parties.

Some of the tools that were used to accelerate the completion of files were holding pre-hearing conferences to deal with procedural matters upfront, organizing fact-finding meetings, and dealing with hearings through written submissions, when possible, or through early analysis of the underlying issues.

In its efforts to streamline its processes and deal more effectively with its substantial caseload, the PSLRB created a special task force to address the specific needs of certain parties, which involved a combined effort of accelerated mediation and adjudication services.

On the mediation side, the PSLRB continued to promote the use of its mediators and encourage the parties at adjudication to engage in settlement discussions. During the year, the PSLRB conducted 80 separate mediation interventions for grievances and complaints that had been referred to the Board, meaning 169 files that were referred to adjudication were resolved without hearings.

As well, the PSLRB Dispute Resolution Services conducted 19 preventive mediations, all of which resulted in resolutions, meaning there were 31 fewer potential files that could otherwise have been brought before the PSLRB.

Over the past year, the PSLRB Compensation Analyis and Research Services unit developed more than 80 of the 100 benchmark job capsules to be featured in its national compensation comparability study, which were shared with the parties for their input. The PSLRB plans to launch the first wave of the study in fall 2012, based on a census of provincial administrations and of large municipalities across Canada.

Recognizing that information is a valuable resource that must be effectively managed to ensure the PSLRB’s clients and Canadians are properly served, enhancing the organization’s IM framework remained a priority. Key initiatives included establishing the necessary governance to ensure the project’s success by creating an IM Advisory Committee with executive leadership and a working group to improve the knowledge of, and the involvement in, IM across the organization. The Committee reports to, and takes direction from, the IM Steering Committee. As part of its IM strategy, the PSLRB also determined that, in order to implement a sustainable IM framework, it needed to replace its electronic records and case management systems. Information about the implementation of a new case management system is provided in Section I, Summary of Progress Against Priorities of this report.

More detailed information about the PSLRB’s performance, including some of the key survey findings, is contained in Appendix A: Supplementary Performance Information.

Lessons Learned

During the reporting period, the PSLRB sought more creative ways to effectively manage its caseload such as tailoring solutions that are unique to certain parties. Some examples include identifying specific types of grievance cases and scheduling blocks of hearings in institutions across Canada to enable the parties to choose the cases they wish to be heard. Other (similar) cases would have the same outcome.

The PSLRB also worked with some of the parties to identify blocks of time during which an adjudicator was available and the parties provided the cases to be determined one week beforehand.

The PSLRB also used case management tools to optimize efficiency and effectiveness, including pre-hearing and case-management conferences, which can reduce the number of hearing days or eliminate the need for a hearing entirely. Speaking with the parties in advance of a hearing and in a focused manner can result in matters being addressed via written submissions, which can be helpful when dealing with preliminary matters and jurisdictional issues. The PSLRB also used targeted mediation assistance for large-scale matters so that several hundred similar issues could be addressed.

Program Activity: Internal Services


2011-12 Financial Resources ($ thousands)
Planned Spending Total Authorities Actual Spending
3,969 4,318 4,078


2011-12 Human Resources (FTEs)
Planned Actual Difference
29 31 (2)


Section III: Supplementary Information

Financial Highlights


Condensed Statement of Financial Position (Unaudited)
As at March 31, 2012
($ dollars)
  Change
$
2011-12 2010-11
Total net liabilities (1,131,712) 1,945,438 3,077,150
Total net financial assets (182,816) 840,787 1,023,603
Departmental net debt 81,048 1,104,651 1,023,603
Total non-financial assets 155,010 719,194 564,184
Departmental net financial position 1,103,906 (385,457) (1,489,363)



Condensed Statement of Operations and Departmental Net Financial Position (Unaudited)
For the year ended March 31, 2012
($ dollars)
  Change
%
2011-12 2010-11
Total Expenses 2% 15,411,270 15,074,302
Total Revenues 0% 0 0
Net Cost of Operations before government
funding and transfers
2% 15,411,270 15,074,302
Departmental net financial position -74% 385,457 1,489,363


Financial Highlights—Charts and Graphs

Spending Distribution by Service

Spending Distribution by Service

[text version]

The PSLRB’s total financial expenses for 2011-12 were $15.4 million. One-half of those funds, $7.7 million, were spent on adjudication services. Compensation analysis and research services represented $1.7 million (11%) of the total expenses; mediation services represented $1.2 million (8%) of the total expenses. Internal services represented $4.7 million (31%) of the total expenses.

Spending Distribution by Type

Spending Distribution by Type

[text version]

Total expenses for the PSLRB were $15.4 million in 2011-12, of which $9.3 million (60%) was spent on salaries and employee benefits. The remaining $6.1 million (40%) was spent on other operating costs such as transportation, professional services fees, accommodation, and the costs for hearings and mediation facilities.

Financial Statements

For further details, consult the PSLRB’s financial statements5.

List of Supplementary Information Tables

Electronic supplementary information tables listed in the 2011–12 Departmental Performance Report can be found on the PSLRB website6.


Section IV: Other Items of Interest

Organizational Contact Information

Public Service Labour Relations Board
P.O. Box 1525, Station B
Ottawa, Ontario, Canada
K1P 5V2

Tel: 613-990-1800
Toll free: 866-931-3454
Fax: 613-990-1849

General: Fax: 613-990-1813
Registry Operations and Policy: Fax: 613-990-3927
Dispute Resolution Services: Fax: 613-990-9157
Website: www.pslrb-crtfp.gc.ca

Email: mail.courrier@pslrb-crtfp.gc.ca

Additional Information

Appendix A

Supplementary Performance 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.

Target: 75%

Performance data: In general, for the hearing process and the services provided by the PSLRB Registry Operations and Policy Directorate, 79% of respondents were satisfied with procedural fairness and 89% were satisfied with the fair and impartial treatment they received.

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 issues.

Target: 75%

Performance data:

*Calculated as the percentage of the total number of completed mediation interventions (80) that were settled or withdrawn (62).

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

Target: 75%

Performance data:

*Calculated as the percentage of the total number of preventive mediation interventions (19) that were settled or withdrawn (19).

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

Target: 75%

Performance data: For decisions tracked during 2011-2012, the average time for decisions to be issued was 3.1 months. Of the 161 decisions that were issued, the standard was met 76% of the time. A further 12.4% were issued within 5 months and a further 2.5% within 6 months of the last day of the hearing.

Date to achieve target: 31/03/2012

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.

Target: Less than 2%

Performance data: 2.6%

Eighteen (18) applications were allowed out of a total of 685 decisions rendered over the 5-year period from April 1, 2007 to March 31, 2012.

Date to achieve target: 31/03/2012

Management of cases

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

Target: 80%

Performance data: While the PSLRB regulations (i.e., sections 17 and 102), provide for the parties and intervenors to receive notice of hearings before the PSLRB of at least 7 days before the date of the hearing, it is the PSLRB’s policy and practice to provide such notice within 1 month (31 days) of the first day of the hearing. In this regard, the PSRLB achieved that standard 85% of the time. It achieved a 95% standard in providing such notice within 25 days of the first day of the hearing. Five percent of the time, often as a result of last-minute requests from the parties, a modified notice of hearing is sent to the parties within 20 days of the hearing date. Decisions were delivered to the parties within 1 day of being issued by the adjudicator or Board member 99% of the time. New files were acknowledged to the parties within 7 working days 98% of the time.

Date to achieve target: 31/03/2012

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

Target: 110%

Performance data: During 2011-12, 3,629 cases were carried over from the previous fiscal year. One thousand, six hundred and forty-eight (1,648) new cases were received and 1,320 were closed. Three thousand, nine hundred and fifty-seven (3,957) cases will be carried over into 2012-13. Three hundred and eighty-nine (389) more cases were closed during the year compared with the previous year. Overall, the number of cases closed represented 80% of the total number of new cases received. While this represented a significant effort, it wasn’t enough to reduce the overall number of active cases due to the large influx (1,696) of new cases received in 2010-2011.

Date to achieve target: 31/03/2012

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 efforts.

Target: 15%

Performance data: Parties agreed to proceed with mediation in 10% of new cases*

*Calculated as the percentage of the total number of new 2011-12 cases referred to mediation (1476), in which the parties agreed to mediation (155).

Given the voluntary nature of mediation, the PSLRB has no control over and cannot reasonably be expected to influence the parties’ desire to proceed with mediation, should either party not wish to do so. The target was not met this year as a result of the large influx of cases received in 2010-11.

Date to achieve target: 31/03/2012

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

Target: 75%

Performance data: 60%*

*In 2011-12, there were 5 collective bargaining mediation requests, of which 1 was settled and 2 resulted in a reduction of the issues in dispute.

Date to achieve target: 31/03/2012

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 documentation.

Target: 100%

Performance data: 100%

Date to achieve target: 31/03/2012

Appendix B

Grievances, Complaints and Applications
Before the Public Service Labour Relations Board
2011-12
  Number of cases brought forward from previous years Number of new cases received Total number of cases Number of cases closed (includes cases settled, withdrawn and decided) Number of cases carried forward to 2012-2013 Decisions or orders
Settled & withdrawn decided
Individual 3,574 1,606 5,180 1,146 149 3,885 69
Group 36 34 70 11 0 59 0
Policy 19 8 27 5 9 13 9
Total grievances 3,629 1,648 5,277 1,320 3,957 78
Complaints of unfair labour practices
- DFR
- Other
32 26 58 30 38 38 26
74 25 99 51
Complaints under the Canada Labour Code 25 8 33 2 0 31 0
Total complaints 131 59 190 70 120 26
Request to file certified copy of order with Federal court 1 0 1 1 0 1
Certifications 0 1 1 0 1 0
Revocations of certification 0 0 0 0 0 0
Determination of successor rights 0 0 0 0 0 0
Membership in a bargaining unit 7 3 10 4 6 0
Designation of essential services positions 4 2 6 0 6 1
Applications for review of Board decisions 6 5 11 10 1 22
Requests for extension of time 28 49 77 20 57 4
Subtotal applications1 46 60 106 35 71 28
Determination of management and confidential positions 303 259 562 162 400 2862
TOTAL 4,109 2,026 6,135 1,587 4,548 1323

1 This subtotal excludes the work done on managerial and confidential exclusion proposals.

2 In all cases, the determinations were made by an order rendered by the PSLRB on consent.

3 This reflects the decisions for which citation numbers were assigned.

Appendix C

Synopsis of Applications for Judicial Review of Decisions
April 1, 2007, to March 31, 2012
  Decisions rendered1 Number of applications Applications withdrawn Applications dismissed Applications allowed Applications pending2 Appeals of applications pending3
YEAR 1
(April 1, 2007 to March 31, 2008)
112 23 8 9 6 0 0
YEAR 2
(April 1, 2008 to March 31, 2009)
114 24 4 18 2 0 0
YEAR 3
(April 1, 2009 to March 31, 2010)
183 30 11 16 3 0 0
YEAR 4
(April 1, 2010 to March 31, 2011)
126 25 1 10 7 7 4
YEAR 5
(April 1, 2011 to March 31, 2012)
150 27 4 2 0 21 0
TOTAL 685 129 28 55 18 28 4

 

1 Decisions rendered do not include cases dealt with under the expedited adjudication process and managerial exclusion orders issued by the Board upon consent of the parties.

2 Applications that have yet to be dealt with by the Federal Court. Does not include appeals pending before the Federal Court of Appeal or the Supreme Court of Canada.

3 Results of appeals disposed of have been integrated into the statistics in this table.

Note: The figures for the last four fiscal years are not final, as not all the judicial review applications filed in those years have made their way through the court system.

Appendix D

Statutes and Regulations Administered by the Public Service Labour Relations Board

Endnotes

1The extent to which clients are satisfied with the PSLRB’s services is provided in its Client Satisfaction Survey, the most recent of which was undertaken in fall 2010. http://epe.lac-bac.gc.ca/100/200/301/pwgsc-tpsgc/por-ef/public_service_labour_relations/2011/008-10-e/index.html

2As a quasi-judicial tribunal operating in the area of labour relations, the strategic outcome and program activity of the PSLRB are aligned with the Government of Canada’s Government Affairs Outcome Area. http://www.tbs-sct.gc.ca/ppg-cpr/frame-cadre-eng.aspx

3During 2011–12, the Public Service Labour Relations Board considered the environmental effects of initiatives subject to the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals and did not produce any public statements. http://www.ceaa.gc.ca/default.asp?lang=En&n=B3186435-1

4For information on our organizational votes and/or statutory expenditures, please see the 2011-12 Public Accounts of Canada (Volume II) publication. An electronic version of the Public Accounts is available at http://www.tpsgc-pwgsc.gc.ca/recgen/txt/72-eng.html

5For further details, consult the PSLRB’s financial statements, which can be found on its website at: http://www.pslrb-crtfp.gc.ca/reports/intro_e.asp

6Electronic supplementary information tables listed in the 2011–12 Departmental Performance Report can be found on the PSLRB website. http://www.pslrb-crtfp.gc.ca/reports/intro_e.asp