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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

2009-10 Financial Resources ($ thousands)			2009-10 Human Resources (FTEs)
Planned Spending	Total Authorities	Actual Spending	Planned	Actual	Difference
8,692	9,688	9,380	61	60	1

Expected Result	Performance Indicator	Target	Performance Status	Performance Summary
1) Parties before the PSLRB receive a timely and fair resolution of their case	Based on the 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 meeting its target. While more decisions were issued in 2009-10 than in the previous fiscal year (i.e., 187 versus 107), new cases continue to be received and are much more complex. The average time for a decision to be issued remains at 2.5 months from the last day of the hearing, and many are issued within 1 month of the hearing. The number of older cases has been significantly reduced, with only 7 cases received before 2009 still waiting to be scheduled for a hearing.
2) Dispute-related issues are fully or partially resolved through mediation interventions	Percentage of mediation efforts (grievance or complaint cases and collective bargaining) in which issues are partially or fully resolved	80% Date to achieve target: 31/03/2010	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 and arbitration boards) that use the PSLRB’s compensation data, when that 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 contributes to harmonious labour relations in the public service and in Parliament by supporting parties in their collective bargaining efforts and by making compensation-related information available to arbitration boards and public interest commissions to carry out their dispute resolution activities.

The supplementary information that follows contains more detailed information about the PSLRB’s performance metrics.

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 fairness¹

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

¹This performance data is identical to that reported in the 2008-09 PSLRB DPR as the information was provided by the 2007 Client Satisfaction Survey. The next survey will be undertaken in 2010, and the results will be reported in the 2010-11 DPR.

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

Performance data:

• Grievance and complaint mediations: 78% of cases fully resolved*

*Calculated as the percentage of the total number of completed mediation interventions (85) that were settled or withdrawn (66)

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

Performance data:

• 91%*

*Calculated as the percentage of the total number of preventive mediation interventions (32) that were settled or withdrawn (29)

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 2009 calendar year, the average time for decisions to be issued was 2.5 months. Out of 183 decisions that were issued, the standard was met 74% of the time. A further 5.5% were issued within 5 months and a further 8.8% within 7 months of the last day of the hearing.

Target: 75%
Date to achieve target: 31/03/2010

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%
Thirteen (13) applications were allowed out of 698 decisions rendered over the 5-year period from April 1, 2005 to March 31, 2010

Target: 2%
Date to achieve target: 31/03/2010

Management of cases

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

Performance data: Notices of hearings were sent to the parties within 1 month (31 days) prior to the first day of the hearing 86% of the time and were sent within 25 days 99% of the time. Decisions were delivered to the parties within 1 day of being issued by the adjudicator or Board member 100% of the time. New files were acknowledged to the parties within 7 working days 98% of the time.

Target: 80%
Date to achieve target: 31/03/2010

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 2009-2010, 3966 cases were carried over from the previous fiscal year. One thousand, three hundred and thirty-one (1331) new cases were received and 1482 were closed. Three thousand, three hundred and fifteen (3315) cases will be carried over into 2010-11. Overall, 11.3% more cases were closed than were received during the year.

Target: 10%
Date to achieve target: 31/03/2010

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

Performance data: Parties agreed to proceed with mediation in 17.5% of new cases*.
*Calculated as the percentage of the total number of new 2009-10 cases (917) in which the parties agreed to mediation (160).

Target: 50%
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. Given the voluntary nature of mediation, the PSLRB will revisit this indicator.
Date to achieve target: 31/03/2010

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

Performance data: 100%*
*In 2009-10, there were 8 collective bargaining mediations. All 8 (100%) reduced outstanding issues.

Target: 50%
Date to achieve target: 31/03/2010

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

Performance data: 100%

Target: 100%
Date to achieve target: 31/03/2010

Outreach material

i) Performance indicator: Percentage increase in visits to Board’s website in relation to benchmark year (2007-08)

Performance data: 20%*. Between April 1, 2009 and March 31, 2010, approximately 292 000 visits were made to the PSLRB website. In general, the number of visits to the PSLRB website coincides with the number of decisions issued.
* Approximately 20% more web visits were made for the period from April 1, 2009 to March 31, 2010 compared to the same period in fiscal year 2008-09.

Target: 5%
Date to meet target: 31/03/2010

Performance Analysis

In 2009-10, the PSLRB continued to make considerable progress, particularly in providing its adjudication and mediation services, by streamlining and improving the processes through ongoing consultations with its clients. It explored innovative ways to effectively manage its caseload, including rendering decisions based on file information or through written submissions rather than through formal hearings and in undertaking pre-hearing and case management conferences, which enable parties to resolve preliminary issues and that can make more efficient use of the PSLRB’s and the parties’ time and resources. The PSLRB was able to issue more decisions than in the previous year and significantly reduced the number of older cases that had been carried over from the former Public Service Staff Relations Board, despite continuing to receive new cases, many of which were complex.

The PSLRB’s mediation services enabled parties to more quickly address and potentially resolve disputes in an open, collaborative environment. When resources permitted, mediators dealt with cases identified as “preventive” mediations, which attempt to resolve disputes before a grievance or complaint is formally referred to the PSLRB, reducing the number of files brought before the PSLRB. Through those efforts, the PSLRB was able to help parties resolve their disputes in over 90% of the cases.

If the parties are unable to resolve their differences at the collective bargaining table, their dispute may be referred to the PSLRB for third-party resolution. Bargaining agents may opt for either conciliation (and the right to strike) or arbitration. Conciliation involves the appointment of a Public Interest Commission, which is a temporary body that comprises one or three people appointed by the responsible minister on the recommendation of the PSLRB Chairperson. In 2009-10, for the first time, the PSLRB established and completed a full conciliation cycle.

The PSLRB’s CARS undertook initial work to prepare for its national compensation study, including comprehensive consultations with the parties to bargaining under the PSLRA, developing the required tools and technology to collect and manage data on a national scale, and working with Statistics Canada to learn from its experience conducting such a study.

Lessons Learned

A variety of case management tools, such as case management and pre-hearing conferences, and mediation services have greatly increased the effectiveness and efficiency of the PSLRB’s hearings. As well, in several situations, the PSLRB was able to deal with matters via written submissions, which can be very helpful when dealing with preliminary matters and jurisdictional issues.

As previously mentioned, the CARS has been preparing for the launch of its national compensation study. Based on the experience of its two first compensation studies, completed in 2008, the CARS has begun to implement a comprehensive project management framework, has staffed several key positions, has consulted all parties on all aspects of its upcoming surveys, has held discussions on 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 study-related data. However, it will require sustainable resources to undertake its national study.

While implementing an electronic case management system to more effectively manage its caseload, it became evident to the PSLRB that developing, analyzing and testing that type of electronic system was significantly more time consuming and complex than the organization had initially anticipated. As previously mentioned in this report, the PSLRB tested a Beta version of the system in early spring 2010. More development and testing will follow in summer and fall 2010 to ensure that the best possible product is deployed.

Benefits for Canadians

The PSLRB’s program activity — administering the public service 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 supporting well-managed and efficient government operations. The PSLRB benefits Canadians by supporting a harmonious relationship between federal public servants and their employers, which contributes to an efficient, productive federal public workforce. The result is the effective delivery of government programs, which has a significant economic, social and cultural impact on Canadians.

Program Activity: Internal Services

2009-10 Financial Resources ($ thousands)			2009-10 Human Resources (FTEs)
Planned Spending	Total Authorities	Actual Spending	Planned	Actual	Difference
4,775	4,546	3,487	32	30	2

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