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Message from the Chairperson

I am pleased to present the Performance Report for the Public Service Labour Relations Board (PSLRB) for the period ending March 31, 2010.

The PSLRB is a quasi-judicial tribunal that administers the legislative framework within which labour relations are conducted in the federal public service under the Public Service Labour Relations Act (PSLRA), as well as within the institutions of Parliament under the Parliamentary Employment and Staff Relations Act.

I am pleased to report again this year that the PSLRB achieved its key priorities, namely, improving the delivery of its adjudication and mediation services through ongoing consultations with its clients; preparing for compensation and analysis research surveys; and developing its infrastructure and human resources services to enhance efficiency.

In the area of adjudication, the PSLRB significantly reduced its caseload, including the number of cases that were carried over from the former Public Service Staff Relations Board. It also issued decisions more quickly than in the past, and decisions on some cases were rendered based on information already on file or through written submissions, rather than through formal hearings. This practice represents a significant and proactive shift in our approach to case management, and it contributed to enhanced fairness, efficiency, effectiveness and cost savings.

During the reporting period, PSLRB mediators were instrumental in helping parties resolve their disputes in an open, collaborative environment that is less adversarial than the adjudication process. Whenever possible, mediation services resulted in early interventions, meaning that issues in dispute were resolved before a grievance or complaint was formally referred to the PSLRB.

The PSLRB’s Compensation Analysis and Research Services also made progress in preparing the necessary tools and technology to launch a national compensation comparability study. The PSLRB began a series of consultations with the parties that will help it prepare its surveys and identify the associated costs, which will form the basis of the request for funding that will be presented to the Treasury Board in 2010-11 to enable the PSLRB to deliver on that part of its mandate.

I am proud of the PSLRB’s success this year. Through our efforts, we help foster a harmonious relationship between federal public servants and their employers, which ultimately benefits Canadians through the smooth delivery of quality programs and services.

Having been reappointed Chairperson of the PSLRB for another three-year term, I look forward to working with my colleagues and all employees to build on our success and to leverage our expertise as we address the challenges before us.

The original version was signed by

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

SECTION I: DEPARTMENTAL OVERVIEW

Raison d’être

Responsibilities

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

The PSLRB provides the following 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 hearings; and
• compensation analysis and research — conducting compensation comparability studies and providing information that can be used in the negotiation and settlement of collective agreements to support collective bargaining and compensation determination processes in the federal public service.

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 PSRLB. The Executive Director and General Counsel is responsible for directing and supervising the day-to-day operations of the PSLRB. He reports to the Chairperson and is supported by five directors who are directly responsible and accountable for establishing priorities, managing the work and reporting on the performance of their specific units.

The Board comprises the Chairperson, three Vice-Chairpersons and other members that the Governor in Council may appoint for terms of no longer than five years and who may be reappointed. Board members, other than the Chairperson and Vice-Chairpersons, are selected by the Governor in Council from a list of recommended candidates prepared by the Chairperson in consultation with public service bargaining agents and public service employers covered by the PSLRA. Appointments are to be made to ensure that, to the greatest extent possible, there is a balance on the Board between persons recommended by employers and by bargaining agents.

The PSLRA covers about 250 000 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.

Furthermore, under section 396 of the Budget Implementation Act, 2009, the PSLRB is also responsible for dealing with pay equity complaints for the public service that were filed with the Canadian Human Rights Commission and with those that may arise 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 to prepare for the coming into force of that Act.

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.

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Summary of Performance

2009-10 Financial Resources ($ thousands)

Planned Spending	Total Authorities	Actual Spending
13,467	14,234	12,867

2009-10 Human Resources (FTEs)

Planned	Actual	Difference
93	90	3

The PSLRB had planned 93 full-time equivalents (FTEs) for 2009-10, while it actually had 90. The difference of 3 FTE’s reflects vacancies in the complement of full-time Board members, along with staff turnover. As a result, several positions had to be filled, which took several months, therefore resulting in staffing delays.

Performance Summary

Strategic Outcome 1: Harmonious Labour Relations in the Federal Public Service and in Parliament

Performance Indicator	Target	2009-10 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 found in the results of 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 resolved1. The next survey will be undertaken in 2010, the results of which will be reported in the 2010-11 DPR.

Program Activity	2008-09 Actual Spending	2009-10				Alignment to Government of Canada Outcomes
		Main Estimates	Planned Spending	Total Authorities	Actual Spending
Adjudication, mediation, and compensation analysis and research	12,933	4,512	8,692	9,688	9,380	The strategic outcome and program activity of the PSLRB contribute to the achievement of the Government of Canada’s Government Affairs Outcome area2. The resources allocated to the PSLRB contribute to supporting well-managed and efficient government operations.
Internal Services3	-	2,309	4,755	4,546	3,487
Total	12,933	6,821	13,447	14,234	12,867
1 This performance summary is identical to that reported in the PSLRB’s 2008-09 DPR as the source was the 2007 Client Satisfaction Survey. 2 http://www.tbs-sct.gc.ca/ppg-cpr/frame-cadre-eng.aspx 3 Commencing in the 2009-10 Estimates cycle, the resources for the Internal Services program activity are displayed separately from other program activities; they are no longer distributed among the remaining program activities, as was the case in previous Main Estimates. This has affected the comparability of spending and FTE information by program activity between fiscal years.

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

At the beginning of the 2009-10 fiscal year, the PSLRB’s planned spending was $6.8 million. Through the Main Estimates and Supplementary Estimates, the PSLRB was allocated total authorities of $14.2 million, while its actual spending was $12.9 million. The increase in authorities came from funding that was received through Budget 2009 and other sources such as the operating budget carry forward and wage increases.

Contribution of Priorities to Strategic Outcome

Operational Priority	Type	Status	Link to Strategic Outcome
Continue to improve the delivery of mediation and adjudication services and to explore possible outreach opportunities for mediation services	Previously committed to	Mostly met In 2009-10, the PSLRB continued to focus on providing services to its clients and on streamlining and improving its mediation and adjudication services through continued consultations with its clients. While the PSLRB continues to receive new files each year, it reduced its overall caseload, and it significantly reduced the number of cases that were carried over from the former Public Service Staff Relations Board (PSSRB).	The PSLRB’s adjudication services contribute directly to harmonious labour relations in the federal public service and in Parliament by continuing to be recognized by both labour and employer organizations as providing neutral and impartial decisions after hearing grievances and labour relations disputes. The PSLRB’s mediation services contributed to the strategic outcome by its ongoing offer to provide mediation for files before the PSLRB. As well, to the extent possible, mediation services were provided to several clients whose disputes would have been referred to the PSLRB were it not for early interventions, which resulted in the full resolution of those disputes or in a reduction of the matters in dispute. The PLSRB also contributed to its strategic outcome during the reporting period by, as part of its mediation outreach efforts, providing 2.5-day joint training sessions and by acting as the subject matter expert in several special training courses that were offered to employers and bargaining agents.
Deliver compensation data and analysis	Previously committed to	Somewhat met In 2009-10, considerable preparation work was accomplished for the launch of the PSLRB’s National Compensation Comparability Study. The study was originally to have been undertaken in fall 2010, but as a result of the coming into force of Bill C-10, and more specifically, the Expenditure Restraint Act, it was postponed to coincide with the next round of collective bargaining in 2011. Based on the experience of its first two compensation studies completed in 2008 (i.e., Technical Services Compensation Comparability Study and Total Compensation Study on Health-Related Occupations in Canada), the Compensation Analysis and Research Services (CARS) has begun to implement a comprehensive project management framework, has staffed several key positions, has discussed collaborative approaches or partnership agreements with provincial governments, has established contracts to obtain the services of experienced classification specialists, and is developing the tools and appropriate technology to collect and manage national study-related data. The PSLRB also continued to work closely with Statistics Canada to benefit from its expertise in addressing methodological and process issues related to conducting a national compensation comparability study.	The work undertaken by the CARS, combined with the comprehensive consultations that it is undertaking with all the parties to bargaining under the PSLRA, contribute to the PSLRB’s strategic outcome. Specifically, all the initiatives ensure that the PSLRB’s compensation-study-related activities are undertaken to support the collective bargaining and compensation determination processes in the federal public service and in Parliament and thus contribute to harmonious labour relations.

Links to Strategic Outcome

Management Priority	Type	Status	Link to Strategic Outcome
Continue to develop the Board’s infrastructure and human resources New case management system	Previously committed to	Somewhat met The PSLRB developed and began testing a Beta version of the new system in early spring 2010. Additional testing and development will be required before implementation to ensure that the best possible product is deployed.	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.
Operationalize performance measurement framework through data collection and monitoring	Previously committed to	Mostly met The PSLRB relies on its performance measurement framework (PMF), which specifies performance targets and expected results, two or three times a year in an effort to effectively manage its evolving caseload. Caseload information is reflected in the PSLRB’s tracking system. Its mandate is clearly defined within the PMF and is a useful framework that is used to report on performance on a yearly basis, along with its program activity architecture, which it reports against each year in the DPR.
Learning plans in place for new employees and Board members	Previously committed to	Mostly met The PSLRB considers learning a priority and is committed to embracing a learning culture that builds and supports a skilled, well-trained and professional workforce, as well as strong organizational leadership and continuous performance improvement. As part of their annual performance reviews, all employees and Board members discuss their learning plans with their managers and develop plans to assist them in achieving their goals.
HR planning integrated into strategic planning	Previously committed to	Met all In 2009-10, the PSLRB developed a comprehensive HR plan, including staffing strategies, which are linked to its mandate and the commitments identified in the Report on Plans and Priorities (RPP). The principles and practices of the plan are incorporated into divisional work plans. All human resources issues are discussed at the yearly strategic planning session with senior management, with a view to setting the HR direction for the next year.

Risk Analysis

As reported last year, the PSLRB received stable ongoing funding via Budget 2009 in support of public service modernization. While that funding will enable the PSLRB to develop the necessary capacity and expertise to meet its responsibilities under the PSLRA, the PSLRB’s mandate was further expanded recently as a result of the Budget Implementation Act, 2009. Under section 396 of that Act, and under the PSECA, the PSLRB was tasked with dealing with existing and future pay equity complaint. Although the PSECA has not yet come into force, that tasking presents a risk to the organization as the resources required to deliver those aspects of its mandate remain to be determined.

Another risk for the PSLRB is that it requires the necessary resources to develop the methodology and to undertake the field work for the public-service-wide, market-based compensation comparability study previously mentioned in this report. To date, the PSLRB has made progress in terms of preparing the tools and technology required for its study with a small operating budget. However, to provide timely compensation information as mandated under the PSLRA, sufficient and sustained funding is mandatory for the PSLRB to fulfill its responsibilities. The coming into force of the PSECA will also impact that part of the PSLRB's mandate and will also likely necessitate additional resources.

For the PSLRB, an ongoing risk is the delays in appointing individuals to fill Board member vacancies. Although the terms of the Chairperson, one of the Vice-Chairpersons and one of the full-time Board members were renewed during the year, not having a full complement of Board members adversely impacts the PSLRB’s ability to fulfill its mandate and, in particular, to deal with its caseload effectively and efficiently. During the reporting period, as a mitigation strategy, on the recommendation of the Chairperson, two additional part-time members were appointed to assist with the caseload while it continues to work with the Minister’s Office and the Privy Council Office as required to minimize the impact of vacancies and to ensure that they are filled as quickly as possible.

Finally, although the PSLRB experienced delays in implementing its electronic case management system, it did make considerable progress during the reporting period in terms of developing a Beta version of the system for testing. Testing began in early spring 2010 by a user group of employees who identified technical issues, which were corrected. A more intensive testing period will be undertaken in summer 2010 before implementation to ensure that the best possible product is rolled out.

Expenditure Profile

The PSLRB’s actual spending was $12.9 million in 2009-10, maintaining the spending trend that has been observed since the enactment of the Public Service Modernization Act in 2003 (see chart that follows). The PSLRB’s caseload increased over the same period, which has resulted in the need for more resources for its adjudication and mediation services to ensure that its cases are dealt with in a timely and efficient manner. Since the expansion of its mandate in 2005, the PSLRB has steadily increased its capacity and has invested in its infrastructure to enable it to deliver on its priorities. Actual spending has increased by 35% over the past five years. As well, the PSLRB’s operating costs have increased over the past three years to enable the CARS to deliver compensation data and analysis.

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Voted and Statutory Items

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

($ Thousands)

Voted or Statutory Item		2007-08 Actual Spending	2008-09 Actual Spending	2009-10 Main Estimates	2009-10 Actual Spending
100	Program expenditures	10,643.6	11,810.9	6,070.7	11,615.8
(S)	Contributions to employee benefit plans	1,083.0	1,122.0	750.7	1,251.5
(S)	Crown Assets surplus	0.1	-	-	-
Total		11,726.7	12,932.9	6,821.4	12,867.3

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