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2009-10
Departmental Performance Report



Public Service Labour Relations Board






The original version was signed by
The Honourable James Moore, P.C., M.P.
Minister of Canadian Heritage and Official Languages






Table of Contents

SECTION I: DEPARTMENTAL OVERVIEW

Summary of Performance

SECTION II: ANALYSIS OF PROGRAM ACTIVITIES BY STRATEGIC OUTCOME

Program Activity by Strategic Outcome

SECTION III: SUPPLEMENTARY INFORMATION



Message from the Chairperson

Casper Bloom, 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

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 combines both adjudication functions and responsibilities as an impartial third party in the collective bargaining process. Through its role in adjudicating grievances and complaints, mediating disputes, supporting the collective bargaining process, and performing compensation analysis and research, the PSLRB helps foster harmonious labour relations and good human resource management in the federal public service and Parliament. This benefits Canadians by supporting a productive and effective workplace that delivers government programs in the public interest.

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.

Program Activity Architecture

[D]

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.

Departmental Spending Trend

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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


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


SECTION III: SUPPLEMENTARY INFORMATION

Financial Highlights

The financial highlights presented in this DPR are intended to serve as a general overview of the PSLRB’s financial position and operations. For 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.

($ dollars)
Condensed Statement of Financial Position
At End of Year (March 31, 2010)
% Change 2008-09 2009-10
ASSETS      
Total Assets 71% 575,088 983,772
TOTAL 71% 575,088 983,772
LIABILITIES      
Total Liabilities -3% 3,500,819 3,400,996
EQUITY      
Total Equity -17% (2,925,731) (2,417,224)
TOTAL 71% 575,088 983,772

($ dollars)
Condensed Statement of Financial Operations
At End of Year (March 31, 2010)
% Change 2008-09* 2009-10
EXPENSES      
Total Expenses -8% 16,137,513 14,882,820
REVENUES      
Total Revenues 60% 40 64
NET COST OF OPERATIONS -8% 16,137,473 14,882,756

*Figures have been adjusted to reflect the PSLRB’s accounts.

Financial Highlights Chart

Spending Distribution by Service

Based on the PSLRB’s financial statements, total expenses for 2009-10 were $14.9 million. The majority of the funds, $7.9 million (53%) were spent on adjudication services; compensation analysis and research services represented $1.6 million (11%) of the total expenses, and mediation services represented $1.4 million (9%) of the total expenses. Internal services represented $4.0 million (27%) of the total expenses

Spending Distribution by Service

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* Compensation Analysis & Research Services

Spending Distribution by Type

Total expenses for the PSLRB were $14.9 million in 2009-10, of which $9.2 million (62%) was spent on salaries and employee benefits.The remaining $5.7 million (38%) was spent on other operating costs such as transportation costs, professional services fees, accommodation costs, and costs for hearings and mediation facilities.

Spending Distribution by Type

[D]

List of Supplementary Information Tables

  • Internal Audits (current reporting period)

All electronic supplementary information tables listed in the 2009–10 Departmental Performance Report can be found on the Treasury Board of Canada Secretariat's website at http://www.tbs-sct.gc.ca/dpr-rmr/st-ts-eng.asp.

Appendix A: Cases Before the Public Service Labour Relations Board 2009-10

  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 2010-11 Decisions or orders Number of cases covered by decisions or orders
        settled withdrawn decided      
Grievances 2431 864 3295 322 200 321 2452 117 321
               
Total grievances 2431 864 3295 843 2452 117 321
Complaints
of unfair
labour
practices
200 57 257 0 75 36 146 35 36
Complaints under the Canada Labour Code 20 13 33 0 5 0 28 0 0
Total complaints 220 70 290 116 174 35 36
Requests to
file certified copy of order with Federal Court
0 5 5 2 withdrawn
2 decided
Total: 4
1 2 2
Certifications 0 0 0 0 0 0 0
Revocations of certification 0 0 0 0 0 0 0
Determinations of successor rights 0 0 0 0 0 0 0
Memberships in a bargaining unit 5 3 8 0 withdrawn
1 decided
Total: 1
7 1 1
Determinations of management and confidential positions 196 355 551 28 settled or withdrawn
220 decided1
Total: 248
303 220 220
Designations of essential services positions 5 4 9 0 withdrawn
2 decided
Total: 2
7 2 2
Applications for review of Board’s decision 1 12 13 3 withdrawn
7 decided
Total: 10
3 7 7
Requests for extension of time 26 20 46 11 settled or withdrawn
9 decided
Total: 20
26 6 9
Total applications 233 399 632 285 347 238 241
TOTAL 2884 1333 4217 1244 2973 390 598

1In all cases, the determinations were made by an order rendered by the PSLRB on consent.

Appendix B: Synopsis of Applications for Judicial Review of Decisions April 1, 2005, to March 31, 2010

  Decisions rendered1 Number of applications Applications withdrawn Applications dismissed Applications allowed Applications pending2 Appeals of applications pending3
YEAR 1 (April 1, 2005, to March 31, 2006) 173 16 4 12 0 0 0
YEAR 2 (April 1, 2006, to March 31, 2007) 116 25 9 11 4 1 0
YEAR 3 (April 1, 2007 to March 31, 2008) 112 23 8 9 6 0  
YEAR 4 (April 1, 2008 to March 31, 2009) 114 24 4 16 3 1 2
YEAR 5 183 30 9 7 0 14 0
TOTAL 698 118 34 55 13 16 2

1 Decisions rendered do not include cases dealt with under the expedited adjudication process and Managerial Exclusion Orders issued by the PSLRB 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 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 C: Resolution of Collective Bargaining Disputes

Bargaining Disputes Before the PSLRB in 2009-10 (19)

Bargaining Disputes Before the PSLRB in 2009-10

[D]

How to Reach Us

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