ARCHIVED - Canadian Forces Grievance Board

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SECTION I – OVERVIEW

Chairperson’s Message

I am pleased to submit the Canadian Force’s Grievance Board’s (CFGB) sixth Departmental Performance Report, for the period ending March 31, 2007.

Last year, in collaboration with the Director General, Canadian Forces Grievance Authority (DGCFGA), we undertook a review of the grievance system as a whole and in particular, at the Final Authority level. The main purpose behind this exercise was to improve the process’ overall efficiency and reduce duplicate efforts.

Following extensive consultation with key Canadian Forces (CF) stakeholders, in November 2006, the CFGB and the DGCFGA embarked on a Pilot Project that would address concerns regarding shared processes between the two organizations and to assess the CFGB’s capacity to manage discretionary files (under current legislation, the Board receives approximately 40% of the grievances arriving at the Final Authority level). For this reporting period, initial results have been very positive and a final report will be submitted to the Vice-Chief of the Defence Staff in June 2007. The Board firmly believes that all grievances should be referred to us so that all CF members benefit from an independent review.

Throughout 2006, the CFGB kept up its focus on operational efficiency. The reviews of grievance files, both received and completed in 2006-2007, were done so in less than six months on average. At the end of this reporting period, we had fewer unresolved grievance files in our inventory than in previous years; a total of 78 grievances remained active.

Process changes aside, the CFGB also pursued its external communications strategy, using key outreach activities in order to enhance the knowledge among its primary stakeholders about the value and impact of the organization’s work.

Seven years after its inception, the CFGB is becoming more well-known among CF members and it will continue to progress towards ensuring that the military regard this organization as playing an essential, impartial and fair role in the CF grievance system.

 

Management Representation Statement

I submit for tabling in Parliament, the 2006-07 Departmental Performance Report for the Canadian Forces Grievance Board.

This document has been prepared based on the reporting principles contained in the Guide for the Preparation of Part III of the 2006-2007 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 approved Strategic Outcome(s) 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 numbers from the Estimates and the Public Accounts of Canada.

 

________________________________________________

Name:	Diane Leurin
Title:	Chairperson

Summary Information

The Grievance Context –

The concept of military personnel having the right to grieve and receive redress is not new. Canada’s introduction, in the year 2000, of an extra-military component to the Canadian Forces grievance system represented a major innovation in the handling of military grievances. That innovation was the creation of the Canadian Forces Grievance Board.

As stipulated in the National Defence Act (NDA) and Chapter 7.12 of the Queen’s Regulations and Orders for the Canadian Forces (QR&O), the Board’s mandate is to review all military grievances referred to it by the Chief of the Defence Staff (CDS). Following its review, the Board submits its findings and recommendations (F&Rs) to the CDS, simultaneously forwarding a copy to the grievor. It is the CDS, however, who is the final adjudicator on the grievance.

Mission To review grievances, in order to render fair and impartial findings and recommendations in a timely and informal manner to the Chief of the Defence Staff and the grievor.

The Board, which has quasi-judicial powers, can summon witnesses and compel them to give oral or written evidence. The Board can also order the production of documents or things. Although hearings would normally be held in private, the Chair can deem that a public hearing would benefit the participants and serve the public’s interest.

Chapter 7.12 of the QR&O sets out the types of grievances that can be referred to the Board. Specifically:

1. The Chief of the Defence Staff shall refer to the Grievance Board any grievance relating to the following matters:
   1. Administrative action resulting in the forfeiture of, or deductions from, pay and allowances, reversion to a lower rank or release from the Canadian Forces;
   2. Application or interpretation of Canadian Forces policies relating to expression of personal opinions, political activities and candidature for office, civil employment, conflict of interest and post-employment compliance measures, harassment or racist conduct;
   3. Pay, allowances and other financial benefits; and
   4. Entitlement to medical care or dental treatment.
2. The Chief of the Defence Staff shall refer every grievance concerning a decision or an act of the Chief of the Defence Staff in respect of a particular officer or non-commissioned member to the Grievance Board for its findings and recommendations.

Section 29.12 of the NDA stipulates that the CDS may also refer any other grievance to the Board.

 

Financial Resources ($000’s)

2006-07
Planned Spending	Total Authorities	Actual Spending
$6,407.0	$6,412.8	$5,852.0

Human Resources *

2006-07
Planned	Actual	Difference
46	40	6

* Includes Board Members appointed by Governor in Council.

Departmental Priorities

Status on Performance			2006-07
			Planned Spending	Actual Spending
Strategic Outcome: The recommendations of the Canadian Forces Grievance Board are implemented in the Canadian Forces and lead to improvements in the conditions of work.
Alignment to Government of Canada Outcomes: Government Affairs
Priority No. 1 (Ongoing) Operational productivity	Program Activity: Review of Canadian Forces grievances referred by the Chief of the Defence Staff. Expected Results: Address efficiency and effectiveness in the service delivery to our clients: Achieve a steady state of operations with a target to complete a grievance review and issue its findings and recommendations within six months from the day that it is received at the Board; Ensure consistent high quality of analysis. Ensure sound internal management practices in accordance with the Management Accountability Framework (MAF) and reflected in the Board's Performance Measurement Strategy: Rigorous planning of human and financial resources' needs. Ensure an efficient grievance review process that is cost effective.	Performance Status     Successfully met Successfully met     Successfully met Successfully met	$3,685,000	$3,175,412

 

Status on Performance			2006-07
			Planned Spending	Actual Spending
Priority No. 2 (Ongoing) External Communications	Program Activity: Review of Canadian Forces grievances referred by the Chief of the Defence Staff. Expected Results: Stakeholders recognize the value-added of the Board's findings and recommendations. Enhance knowledge sharing and increase support from stakeholders. Participate at senior levels forums in support of a more efficient and responsive military grievance process. Disseminate information of the impact and value of the Board's work.	Performance Status     Successfully met Successfully met Successfully met	$410,000	$280,526

 

Context and Operating Environment

As an administrative tribunal, the Board is independent of the Department of National Defence (DND), although DND has overall responsibility for the grievance process in which it operates. The Board reports directly to Parliament through the Minister of National Defence, who tables the Board’s annual and ministerial reports.

The CF Grievance System: a two-level process

Level I: Review by the Initial Authority (within the Canadian Forces)

A common misconception about the Canadian Forces grievance procedure is that a grievor can submit a grievance directly to the Board. In fact, the process begins not with the Board, but with the grievor’s Commanding Officer (CO).

Level II: Review by the CDS

Grievors who are dissatisfied with the IA’s decision may ask to have their grievance be reviewed at the Final Authority (FA) level, that is, by the CDS, whose decision is the final stage in the grievance process.

Grievances mandatorily referred to the Board must be decided by the CDS personally. The CDS is not bound by any findings and recommendations of the Board; however, the CDS must provide reasons, in writing, in any case where the Board’s findings and recommendations are not accepted.

Grievors initiate this second level of review as follows:

Step 1: They submit their request for a second level of review.

Step 2: If the grievance falls within the Board’s mandate, the Director General Canadian Forces Grievance Authority (DGCFGA) forwards the grievor’s file, on behalf of the CDS, to the Board.

The Board’s Procedure

1. When the Board’s registrar receives the grievor’s file from the DGCFGA, the Board sends a letter of acknowledgement to the grievor, and in accordance with the rules of procedural fairness, also discloses to the grievor the information the file contains.

“This process is outstanding, notwithstanding the result, I achieved my aim—an unbiased outside the chain of command analysis of my situation, and a verdict rooted in analysis of current Canadian law, morals and norms.” — Source: Comments from CFGB Survey to grievors

Overall Board’s Performance

Priority # 1 Operational productivity

Commitments

To achieve its objectives to improve operational productivity, the Board undertook several initiatives in 2006-07 fiscal year. They included commitments to:

1. Address efficiency and effectiveness in the service delivery to our clients:
   • Achieve a steady state of operations with a target to complete a grievance review and issue its findings and recommendations within six months from the day that it is received at the Board;
   • Ensure consistent high quality of analysis.
2. Ensure sound internal management practices in accordance with the Management Accountability Framework (MAF) and reflected in the Board's Performance Measurement Strategy:
   • Rigorous planning of human and financial resources' needs.
   • Ensure an efficient grievance review process that is cost effective.

Main Achievements

A More Effective, Efficient Grievance System — Laying the Groundwork

Following an intense examination of the grievance process at the Final Authority level, the Board participated in highly productive ongoing discussions with the DGCFGA and senior staff from National Defence Head Quarters (NDHQ). The review and discussions enabled the participants to collaboratively identify problem areas and agree on potential approaches to address them. As a result, the Board and the DGCFGA together devised and implemented a Pilot Project to test the proposed changes. These process changes are designed to significantly reduce the time required to analyze grievances and present the CDS with recommendations.

Efficiency Behind Case Reviews Continues to Improve

Meanwhile, the Board continued to streamline its own internal processes. In 2006-07, it reduced its remaining inventory of grievance files carried over from previous years.

Figure 1

CFGB WORKLOAD OVERVIEW	2000-01	2001-02	2002-03	2003-04	2004-05	2005-06	2006-07
Cases in process at beginning of the period	0	178	219	261	264	166	150
Cases received for the period	197	147	179	160	75	103	69
Cases returned to DCFGA for the period	0	0	-6	-2	-4	0	0
Cases completed for the period	19	106	131	158	169	119	141
Cases remaining in the process at the end of the period	178	219	261	264	166	150	78

 

A Timely Review

In 2005, the Board increased its efficiency by 28% in terms of production time; the average turn-around time for completing its steady-state cases (those received from 2004 on) was 138 business days. In comparison, for the 66% of the 2006 completed cases to date, 69% averaged a turn-around time of 96 business days.

Presently, the average turnaround time is six months (120 business days) from the time the case is received at the Board, until it is sent to the CDS for a final decision. Not all cases, however, are equal in terms of the time it takes to complete a review. Several factors outside the Board’s control can affect a review’s time, including timeliness with which a grievance is referred to the Board, its complexity, delays in obtaining relevant information, and in some instances, the number of Board Members available to review grievances.

Figure 2 – Timeline to complete cases according to the year referred to the Board shows the percentage of cases completed (according to the year received) that were within timeframes of more than one year, six months to a year, and less than six months.

Year Cases Referred to CFGB	Less than 6 months	6 months to 1 year	More than 1 year
2000	7.3%	9.5%	83.2%
2001	9.5%	24.8%	65.7%
2002	6.9%	13.8%	79.3%
2003	6.2%	11.6%	82.2%
2004	6.1%	28.6%	65.3%
2005	12.5%	28.1%	59.4%
2006	69.0%	28.6%	2.4%
2007	100.0%	0.0%	0.0%

Data as of March 31, 2007

Rigorous planning of human and financial resources' needs

In compliance with the new Public Service Modernization Act (PSMA), the Board developed an Integrated Human Resources and Business Plan, to ensure that its human and financial resources needs are in place. The Board continues to align its HR practices with the requirements of the Public Service Modernization Act (PSMA), which included training for the managers and staff as well as developing internal policies and procedures.

Lessons Learned

2006-07 proved to be a busy and productive year for the Board; it made solid progress in reducing the inventory of grievance files. More than six years after its inception, the Board has proven its value-added and it will carry on towards ensuring that the Canadian Forces continue to regard this organization as playing an essential role in the CF grievance system.

The Board is ever mindful that careful planning of its resources goes a long way towards ensuring that the quality of its work is not compromised. This includes the continuity and renewal of its specialized workforce in keeping with changes flowing from the Public Service Modernization Act. The Board will also continue to cultivate its management practices using the Government’s own blueprint for sound management, the Management Accountability Framework.

 

Priority # 2 External Communications

Commitments

1. Stakeholders recognize the value-added of the Board's findings and recommendations.

Main Achievements

Presentations and Tours

The Board has always recognized that it must deliberately reach out to its primary stakeholders—the members of the CF— to familiarize them with the work it is doing. This outreach strengthens the members’ understanding of the role the Board plays in improving the quality of Canadian military life. In addition to pursuing all opportunities to interact and communicate with senior military leaders through established communications channels, Board Members and senior management visit CF bases (CFB) and facilities, attend conferences and make presentations on key issues.

The following is a summary of the Board’s 2006-2007 visits and presentations:

New Communications Initiatives

The Board’s newest communications endeavour, developed this year, is an electronic newsletter—the eBulletin—Launched in early 2007, it is designed for a subscriber list of key audiences. Experience has shown that CF members want to know more about the grievance system, the specific grievances the Board receives, and their outcomes. Each issue highlights the most current and interesting cases that have been referred to the Board and for which a CDS decision was received. In addition to these summaries, the newsletter also include updates on key grievance statistics and Board activities.

Anyone who would like to receive the newsletter can subscribe through the Board’s Website: www.cfgb-cgfc.gc.ca

Lessons Learned

Visits to CF bases across Canada are particularly valuable because they ensure that the Board has the opportunity to meet the members of the CF directly. During these visits, Town Hall meetings have proven to be an effective approach for exchanging views and experiences. The meetings are usually well attended, with lively dialogue between the Board’s Members and the audience.

Another important aspect of the Board’s outreach is to maximize the effectiveness of its communications vehicles, including: updating its website with regular postings of case summaries and other related information, brochure mail-outs to key audiences, and contributing articles about the Board to military newsletters. In 2006, articles about the Board were featured in four such newsletters: The Totem Times, Voxair, The Aurora and The Sword and Scale.

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