ARCHIVED - RPP 2007-2008
Public Service Staffing Tribunal

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Overview

A. Chairperson's Message

I am pleased to present the 2007-2008 Report on Plans and Priorities for the Public Service Staffing Tribunal (the PSST).

The coming-into-force of the new Public Service Employment Act (PSEA) marked the beginning of a new staffing regime in the federal public service, with a new definition of merit and new arrangements for recourse before an independent body, the PSST. The PSST received its first complaints filed under the provisions of the new PSEA in February 2006. The day-to-day operations of the PSST began to take shape as complaints, were filed, mediation sessions, pre-hearing conferences and formal hearings were scheduled and complaints were resolved through mediation or a decision of the PSST.

Given the importance placed on effective dialogue to resolve appointment issues by the new PSEA, the PSST created a mediation program specific to staffing complaints which consists of a training component for employer and employee representatives as well as the mediation services offered by PSST members and staff.

As the PSST enters the second year of implementation of the new PSEA and the number of complaints continues to rise, it will schedule and hold an increasing number of mediation sessions, pre-hearing conferences and formal hearings. However, with the development of jurisprudence regarding appointment issues, it is expected that a number of complaints will be resolved without a formal hearing through pre-hearing and settlement conferences.

While the PSST's main priority is the consideration and disposition of complaints, there is also a need to ensure that its primary stakeholders - bargaining agents, departments and agencies - have a clear understanding of the staffing process and recourse under the new Act. Accordingly, the PSST will continue to refine its procedures, maintain an up-to-date procedural guide on its web site and work with the Canada School of the Public Service to develop an education program for the public service.

In order to ensure that the needs of its stakeholders are met as much as possible, the PSST will continue to hold regular meetings with a representative group of departments, agencies and bargaining agents, and will consult its stakeholders more broadly as part of its review of the PSST Regulations and general procedures.

Other priorities include the ongoing development of internal corporate services and management practices, particularly in communications, planning, reporting, audit and evaluation, and labour relations.

As a quasi-judicial and independent body, the PSST remains committed to its role in ensuring that Canada continues to benefit from a public service that strives for excellence, is based on merit and non-partisanship, is representative of Canada's diversity and is able to serve Canadians in the official language of their choice.

Guy Giguère

B. Management Representation Statement

I submit for tabling in Parliament, the 2007-2008 Report on Plans and Priorities for the Public Service Staffing Tribunal.

This document has been prepared based on the reporting principles contained in the Guide for the Preparation of Part III of the 2007-2008 Estimates: Reports on Plans and Priorities and Departmental Performance Reports:

• It adheres to the specific reporting requirements outlined in the Treasury Board Secretariat guidance;
• It is based on the department's Strategic Outcome and Program Activity Architecture that were approved by the Treasury Board;
• It presents consistent, comprehensive, balanced and reliable information;
• It provides a basis of accountability for the results achieved with the resources and authorities entrusted to it; and
• It reports finances based on approved planned spending number from the Treasury Board Secretariat in the RPP.

Guy Giguère
Chairperson and Chief Executive Officer
Public Service Staffing Tribunal

C. Summary Information

Raison d'être

The Public Service Staffing Tribunal (PSST) is an independent, quasi-judicial tribunal established by the Public Service Modernization Act (PSMA) as part of the new arrangements for recourse with respect to staffing complaints.

The mandate of the PSST is to consider and dispose of complaints related to internal appointments, lay-offs, the implementation of a corrective measure ordered by the Tribunal or the revocation of an appointment.

The PSST may provide mediation services at any stage of a proceeding in order to resolve a complaint.

In considering whether a complaint against an internal appointment or lay-off is founded, the PSST may interpret and apply the Canadian Human Rights Act (CHRA).

Mission

The mission of the PSST is to contribute to a competent, non-partisan and representative public service through the impartial and timely disposition of disputes related to the internal staffing and lay-off processes in the government of Canada. This includes:

• Rendering decisions that are sound and well reasoned;
• Ensuring that parties are treated fairly;
• Processing complaints in a timely manner;
• Assisting parties to resolve complaints through alternative dispute resolution (ADR) mechanisms;
• Ensuring that all processes are fair and transparent;
• Providing stakeholders user friendly access to PSST services and information;
• Educating and informing clients and the public on the PSST's role, services and jurisprudence; and
• Promoting a work environment that fosters the development of a knowledgeable and client-centred staff.

Benefits to Canadians

By providing transparent, impartial and sound decision-making and support to help parties resolve staffing disputes, the PSST will be accessible and responsive to stakeholders, and contribute to the effective management of human resources to the benefit of federal public service departments and agencies, managers, employees and Canadians.

The PSST benefits Canadians by helping to ensure that appointments to the public service are based on merit and made in accordance with the values contained in the preamble of the PSEA.

Financial Resources ($ Thousands)

2007-2008	2008-2009	2009-2010 1
$4,960	$4,960	-

Human Resources

2007-2008	2008-2009	2009-2010 1
35 FTEs	35 FTEs	37 FTEs

^{1 The Tribunal is requesting funding to pursue its mandate.}

In 2006-07, the Public Service Staffing Tribunal will address the priorities listed in the following table.

Departmental Priorities by Strategic Outcome

Strategic Outcome: Contribute to a competent, non-partisan and representative public service through impartial and timely disposition of disputes related to the internal staffing and lay off processes in the government of Canada.
Priority	Type of Priority	Planned Spending
		2007-2008	2008-2009	2009-2010
Consider and Pending approval dispose of complaints	Ongoing	2,270	2,270	Pending approval of funding
Provide mediation services	Ongoing	880	880	Pending approval of funding
Fully inform and assist clients	Ongoing	200	200	Pending approval of funding
Fully develop corporate services	Ongoing	1,110	1,110	Pending approval of funding
Enhance management framework	Ongoing	500	500	Pending approval of funding

D. Departmental Plans and Priorities

This section provides details on specific initiatives identified for the planning period that support the PSST's sole strategic outcome: Contribute to a competent, non-partisan and representative public service through impartial and timely disposition of disputes related to the internal staffing and lay-off processes in the government of Canada.

Program Priorities

• Consider and dispose of complaints
  
  The PSST will continue to render decisions and establish new jurisprudence based on staffing complaints submitted under the new PSEA.
  
  Training with respect to the PSST's mandate, processes, policies and emerging issues will be offered to members and staff to ensure consistency and high quality in its decision-making and services.
  
  The PSST's legal services will examine legal issues, do research on specific topics, clarify legal issues where no precedents exist and provide guidance to members and staff as required.
  
  The PSST will offer every opportunity for parties to resolve their differences through a range of formal and informal processes: the facilitation of the exchange of information between the parties, mediation, pre-hearing conferences and settlement conferences.
  
  The PSST will develop a modern case management system which optimizes the use of available technology and is designed to meet its particular needs.

• Provide mediation services
  
  The PSST will continue to provide mediation services to complainants and respondents at any stage of the complaint process.
  
  PSST mediators, both members and staff, will monitor and discuss issues arising during mediation and hone their skills through training, coaching and discussion.
  
  Training to PSST stakeholders will be offered on a regular basis so that they are well prepared to assume their roles and responsibilities in a mediation session.

• Fully inform and assist clients
  
  The PSST will continue to inform its stakeholders about its mandate, policies and processes in order to ensure transparency and awareness. Stakeholders include: delegated managers, deputy heads, bargaining agent representatives, human resources professionals and employees.
  
  The PSST will coordinate an outreach program consisting of information sessions to stakeholders, presentations to conference and seminar participants and regular meetings with stakeholders to discuss and resolve any concerns they may have.
  
  The PSST will improve existing communication products and tools and develop new ones, as necessary, including, but not limited to, an up-to-date web site; resource materials, such as the procedural guide and a brochure describing the PSST's mediation process.
  
  The PSST will collaborate with central agencies, such as the Canada School of the Public Service, to develop new strategies and tools for increasing stakeholders' knowledge of the PSST and thereby ensuring ready access to its services.

• Monitor issues arising from the application of the new PSEA
  
  In preparation for the five-year review of the new PSEA, the PSST will examine issues and concerns that emerge through the complaint process with a view to determining what, if any, changes to the legislation it will recommend during the review period.

Management Priorities

• Fully develop corporate services
  
  The PSST is committed to developing and maintaining an adaptable and multi-disciplinary workforce as well as a healthy and productive work environment for its members and staff. To this end, the PSST will continue to develop integrated business and human resources plans; human resources policies and processes related to classification, staffing, labour relations, performance management and employee assistance and tools and strategies to ensure continuous learning, including a needs assessment and the development of individual learning plans.

• Enhance management framework
  
  In keeping with government initiatives and the requirements outlined in the Management Accountability Framework, the PSST will develop an audit and evaluation program and plan; finalize policies and procedures for finance, contracting, security, travel and inventory management and complete its performance measurement framework and performance indicators.

Operating Environment

Like all federal institutions, the PSST faces the challenge of carrying out its statutory responsibilities and fulfilling the increasing requirements for transparent and accountable reporting, while at the same time spending public funds wisely. As a very small organization, the PSST must accomplish its many tasks with a limited number of staff.

Due, in large measure, to its small size, one of the main challenges facing the PSST is predicting the number of complaints to be handled on a yearly basis. Under the former appeals process contained in the previous legislation, the Public Service Commission handled approximately 1,100–1,200 appeals during fiscal years 2003–2004 and 2004–2005.

In its first eight months of operation, the PSST received 120 complaints. Nearly all of these were received over a period of 26 weeks; the number of complaints received during the first eight weeks of its existence was almost nil.

Given the rapid increase in the number of complaints this fall, now at over 300, the PSST can reasonably expect to receive 300-600 cases a year. For planning purposes, the PSST has therefore estimated the average number of complaints to be dealt with at 400 per year.

However, the PSST must prepare itself for the possibility that the number of complaints or the demand for mediation services could be greater than is currently anticipated. The unpredictability of the PSST's caseload continues, therefore, to be a complicating factor in its planning process.

Other areas of concern include:

• Uncertainty among stakeholders and uneven awareness of the PSST
  
  There is an ongoing need to ensure that key stakeholders – delegated managers, deputy heads, bargaining agent representatives, human resources professionals and employees – are aware of the PSST's policies and procedures as well as any and all jurisprudence arising from its decisions.

• Obtaining permanent funding
  
  Obtaining permanent and adequate funding for the PSST is crucial as funding has been allotted until March 31, 2009 only.

The PSST will need to meet the expectations of its stakeholders, including:

• Departments and agencies
  
  This group includes deputy heads, delegated managers and human resources professionals. They are looking for a user-friendly and transparent process, the timely resolution of complaints, impartiality of the Tribunal, consistent and well reasoned decisions and increased ability to resolve disputes informally. The PSST also needs to be conscious of the service needs of clients at the regional level.

• Public Service employees, bargaining agents and other employee agents
  
  They have many of the same expectations as departments and agencies, but will also be seeking information on their rights to recourse.

• Central agencies
  
  Agencies with specific interests such as the Public Service Commission and the Public Service Human Resources Management Agency of Canada and the Treasury Board Secretariat will want to be kept informed of areas of concern in the staffing process and will want to be consulted on important issues stemming from the application of the new legislation.

• Other tribunals and groups
  
  The Canadian Human Rights Commission will want a proper determination of allegations of discrimination as well as consistency with the Canadian Human Rights Act and jurisprudence. Similarly, human rights groups will be expecting fair treatment of complaints.

• Public
  
  At the highest level, parliamentarians and Canadians will want information on the application of the merit principle and its impact on the public service. The media will want information on specific decisions made by the PSST.

Link to the Government of Canada Outcome areas

Government Affairs

In providing services to all governments department and agencies, the PSST operates at arm's length to resolve staffing complaints in the public service, thereby protecting the integrity of the appointment process in the government of Canada.

In so doing, the PSST contributes to the building of a representative and non-partisan workforce fully capable of delivering quality services in the main outcome areas of the government of Canada: economic affairs, social affairs and international affairs.

 

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