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SECTION II: ANALYSIS BY STRATEGIC OUTCOME
The program activity of the Board is to administer the collective bargaining and grievance adjudication systems in the federal public and parliamentary service, including providing mediation services and compensation analysis and research services. This activity is carried out in support of the strategic outcome to foster harmonious labour relations in the federal public service and to reduce the potential for labour unrest and disruption in the delivery of programs to Canadians.
| ACTIVITY | Administration of the collective bargaining and grievance adjudication systems, including mediation services and compensation analysis and research. | ||
| SUB- ACTIVITIES |
Adjudication services | Mediation services | Compensation analysis and research services |
|---|---|---|---|
|
Hearings Pre-hearing conferences Registry of applications, complaints, grievances |
Appointment of mediators, arbitrators and PICs Assistance in applications for certifications and revocations, essential services and exclusions for managerial or confidential positions |
Compilation, analysis and dissemination of compensation information | |
| OUTPUTS | Decisions on applications, complaints and grievances |
|
Impartial, accurate and timely reports on rates of pay, employee earnings, conditions of employment, benefits and related data prevailing in the public and private sectors. |
| IMMEDIATE OUTCOMES |
Grievances, complaints and other applications are resolved fairly, in line with legislation, and in a timely manner |
|
All parties have timely access to information that will allow them to share a better understanding of relevant compensation issues |
| INTER-MEDIATE OUTCOMES | Body of precedents and case law to facilitate resolution of grievances, complaints and other applications |
|
Collective bargaining and compensation determination processes are supported by accurate and comprehensive compensation information |
| ULTIMATE OUTCOME | Provide Canadians with an environment that fosters harmonious labour relations in the federal public and parliamentary services, thereby minimizing the possibility of labour unrest that could lead to disruption in the delivery of government programs. | ||
In 2006-2007, the Board developed a performance measurement framework, which includes clear and measurable expected results for its main program activity and performance indicators for each expected result.
The satisfaction of the Board’s clients (employers, bargaining agents and other users), the timeliness of its processes, the quality of its decisions and the success of its mediation services will continue to be key indicators used to measure performance. Indicators will also be introduced related to the compensation information that is collected, analyzed and disseminated to the parties, as well as to the Board’s internal services.
The Board is currently collecting data on some of these indicators but intends to begin collecting data on many more in 2007-2008. Once the new case management system has been implemented, full data collection will be initiated. Key sources of data in addition to the case management system include statistics on cases submitted for judicial review, the Board’s client satisfaction survey, which is administered every three years and allows for the tracking of trends over time, and other formal and informal consultations that are undertaken with clients to obtain regular feedback. A survey of client satisfaction will be conducted in 2007-2008.
The resulting performance information will be used to support decision making and will be reported in future departmental performance reports.
Adjudication services
The Board and adjudicators of the Board hear and determine grievances, complaints and labour relations matters brought before them under the PSLRA. These cases are diverse and wide-ranging, and include:
Grievances (individual, group or policy)
- interpretation of collective agreements and arbitral awards;
- disciplinary action resulting in termination, demotion, suspension or financial penalty;
- demotion or termination for unsatisfactory performance or for any other non-disciplinary reasons; and
- deployment without an employee’s consent.
Complaints
- unfair labour practices; and
- reprisal actions taken for raising an issue under Part II of the Canada Labour Code.
Applications
- certification and revocation of certification;
- determination of successor rights;
- determination of managerial or confidential positions;
- determination of essential services agreements;
- review of prior Board decisions; and
- requests for extensions of time to present grievances or to refer grievances toadjudication.
The Board strives to resolve these cases fairly, in line with legislation and in a timely manner. In doing so, the Board seeks to create a body of precedents and case law that will facilitate the resolution of future cases.
Appendix A provides statistical information on all adjudication cases before the Board in 2006-2007.
In 2006-2007, the Board issued 262 decisions or orders with respect to cases: grievance adjudication–94; determination of management and confidential positions–149; complaints of unfair labour practices–12; complaints under the Canada Labour Code–1; certifications–2; determination of successor rights–1; review of Board decisions–1; and requests for extension of time to file–2. A decision or order can affect more than one case.
The decisions of the Board and its adjudicators are subject to judicial review by the Federal Court of Appeal and the Federal Court. A significant factor in determining the quality of the decisions rendered by the Board is the extent to which they are set aside on judicial review. Appendix B provides a synopsis of the judicial review of Board decisions over the past five fiscal years under the PSLRA, the former PSSRA, and the PESRA. As the table shows, 12% of the Board’s decisions (84) have been referred to the Federal Court on judicial review since April 1, 2002 and 1% (10) have been overturned by the court. The Board’s decisions are posted on its website at www.pslrb-crtfp.gc.ca and are made available through QuickLaw (QL), an electronic legal database, as well as other publishers such as CanLII, Carswell, Canada Law Book, Qualisult and Lancaster House.
Mediation services
The PSLRA emphasizes the importance of developing and sustaining constructive approaches to resolving workplace conflicts by all parties. The Board promotes innovative approaches to resolving workplace conflicts as the preferred alternative to the more formal rights-based approaches.
Under the PSLRA, the Chairperson may appoint a mediator to:
- assist parties with collective bargaining, both in the negotiation and renewal of collective agreements, and with the management of relations resulting from the implementation of collective agreements
- mediate in relation to grievances, complaints and other proceedings
- assist the Chairperson in discharging his or her other responsibilities under the Act.
Collective bargaining
Under the PSLRA, there are two methods of resolving collective bargaining disputes: conciliation and binding arbitration. Upon certification, the bargaining agent must choose one of these methods for each bargaining unit it represents. The method may be changed before each round of bargaining. Regardless of the method chosen, the employer or the bargaining agent may request third-party assistance from the Board. In 2006–2007, the Board was called upon seven times to provide the services of a mediator to assist parties in the negotiation of their collective agreements.
Conciliation gives employees the right to strike under certain prescribed conditions, and is therefore often referred to as the “conciliation/strike route.” The new Act introduced a new process for helping parties settle their collective agreements—the Public Interest Commission (PIC). These non-permanent bodies consist of one or three persons who are appointed by the Minister on the recommendation of the Chairperson of the Board to assist the parties by making recommendations for settlement. The recommendations are not binding on the parties. In 2006–2007, there were no requests for PICs, but some are expected with the new round of collective bargaining in 2007 and 2008.
For bargaining agents that have opted for arbitration as their dispute resolution process, when parties are unable to settle their collective agreements through negotiation, binding arbitration is undertaken. This culminates in an arbitral award (a decision) that is legally binding upon both parties and thus precludes any legal strike action. Arbitration boards are established by the Chairperson of the Board.
Twelve arbitration boards were established in 2006–2007, seven of which resulted in arbitral awards, including one award for a first-time collective agreement.
Appendix C provides statistical information on collective bargaining cases before the Board in 2006-2007.
Grievance and complaint mediation
The Board offers mediation in all grievance and complaint cases. Both parties must agree to mediation efforts, after which the Chairperson appoints a mediator who works with both parties and assists them in resolving their dispute and thus avoid the formal adjudication hearing. Terms of settlement accepted by both parties are documented.
The volume of mediation cases has increased in recent years along with the increase in grievances and complaints and is expected to continue to rise. In 2006-2007, 1115 new cases were received for mediation and 1650 were carried over from the previous year, for a total of 2765 cases. In 557 cases mediation was refused by the parties.
In 2006-2007, the Board provided mediation services in 279 cases. This includes 223 cases in which a grievance or complaint had been filed and 56 cases of preventive mediation. Preventive mediation is aimed at resolving disputes even before an application is filed. Parties were successful in resolving 89% (247) of those cases with the assistance of Board-appointed mediators.
Other services
The Board’s mediation services also facilitate discussions between parties within specific departments and agencies often in the context of labour-management consultation committees; conduct strategic interventions through which broad issues likely to generate disputes are discussed; and assist in investigating cases involving applications for certification, the determination of membership on a specific date, and successor rights.
Board mediators also facilitate discussions regarding the determination of positions/employees who are to provide essential services in case of a strike (employees holding these positions are not eligible to strike).
In 2006-2007, the Board provided 14 sessions on interest-based negotiation and mediation. To date, nearly 2500 people have attended this training through the Board’s national training program, which was established in 2000-2001. The two-and-a-half-day interactive session enables participants to acquire basic interest-based negotiation and mediation skills that can be used to resolve disputes in the workplace. Participants are generally representatives of bargaining agents and employers and sessions are often joint, which increases their relevance and practicality.
Compensation analysis and research services
Please refer to “Overall Board Performance” in Section I for a discussion of the performance of the Board’s compensation analysis and research division.
