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Section II:  Analysis of Program Activity by Outcome

Analysis of Program Activity by Strategic Outcome


Public Service Staffing Tribunal

Strategic Outcome

Impartial and timely disposition of disputes related to the internal staffing and lay-off processes in the Government of Canada

Alignment to GOC Outcomes

Contributes to a competent, non-partisan and representative public service

Program Activity

Processing of complaints relating to the appointment, revocation and lay-off provisions of the Public Service Employment Act

Expected Results

  • Sound and well-reasoned decisions
  • Processing of complaints in a timely manner
  • Timely results of alternate dispute resolution (ADR) interventions
  • Access to Tribunal services and information

Financial Resources ($ Thousands)


2006–2007

Planned Spending

Total Authorities

Actual Spending

$5,244.0

$5,022.8

$3,215.9


Human Resources


2006–2007

Planned
33 FTEs

Actual
22 FTEs

Difference
11 FTEs


Program Activity Description

The Public Service Staffing Tribunal is an independent, quasi-judicial body established in December 2005 by the Public Service Employment Act to consider and dispose of complaints related to internal appointments, lay-offs, the implementation of a corrective measure by the Tribunal and the revocation of an appointment.  Its sole program activity is the processing of complaints submitted to the Tribunal relating to the appointment, revocation and lay-off provisions of the PSEA

In carrying out its mandate, the Tribunal may provide mediation services at any stage of a proceeding in order to resolve a complaint.  When considering whether a complaint against an internal appointment or lay-off is founded, the Tribunal may interpret and apply the Canadian Human Rights Act (CHRA).

In its 2006-2007 Report on Plans and Priorities, the Tribunal identified the following priorities and plans for its main program activity.  A status report on the work activities or tasks, related to each priority is included.


Priority No. 1:  Be ready to hear complaints

Description
Develop and implement policies and procedures for hearing policies

Tasks

  • Prepare complaint forms and procedures
  • Implement complaint procedures
  • Prepare procedural guide
  • Provide information to stakeholders

Status and Results

  • Complaint forms and procedures were developed based on the PSST Regulations published in December 2005.
  • A procedural guide describing the complaint procedures in plain language was published on the Tribunal’s website in July 2006.
  • Information sessions focusing on the Tribunal’s complaint procedures were given to stakeholders upon request.
  • 438 complaints were received; of these, 273 files were closed.
  • Of the 273 closed files, 235 complaints, or 86%, were resolved without having to proceed to an oral hearing.

 


Priority No. 2:  Be ready to mediate

Description
Develop and implement dispute resolution policies, procedures and training program

Tasks

  • Establish mediation team
  • Finalize and disseminate forms and procedures for mediation
  • Provide mediation training for departments and bargaining agents
  • Provide mediation training to Tribunal members

Status and Results

  • Two mediator positions were filled in February 2007 to meet the increasing demand for mediation in complaints before the Tribunal.
  • Mediation procedures and forms were finalized by the end of May 2006 and were posted on the Tribunal’s website, along with general information on mediation.
  • 17 mediation training courses were delivered to HR Specialists, managers and bargaining agent representatives:  nine in the National Capital Region, two in Toronto and Montreal, one in Kingston, Halifax, Edmonton and Vancouver.
  • Coaching in mediation and conflict resolution techniques was offered, as required, to both permanent and temporary Tribunal members.
  • 49 mediation sessions were conducted; of these, a settlement was reached in 35, or 71%, of the cases.

 


Priority No. 3:  Establish registry and information management systems

Description
Establish registry and information management systems

Tasks

  • Put internal and external registry processes in place (i.e. processes related to receiving and processing complaints; translating and issuing decisions, scheduling hearings etc.)
  • Develop and implement a case management system and processes
  • Provide staff training in registry processes, case management system workflows, Tribunal procedures for hearings and client services

Status and Results

  • Processes were developed prior to the receipt of the first complaint.  However, as the number of complaints increased, along with the number of motions and requests, existing procedures were modified or new ones were implemented in order to streamline the processing of the complaints.  The Tribunal’s complaint process continues to evolve as new issues continue to emerge.
  • A case management system, WebCims, was implemented, but its full capabilities were not fully realized during the year.  Work continues on the development of the system in order for the Tribunal to be able to track the progress of case files and fully document and report on its caseload.
  • The Tribunal hired experienced registry officers with the result that extensive training on registry processes was not required.  Nevertheless, where a specific need was identified, the necessary training was provided – language training, for example.

 


Priority No. 4:  Establish internal and external communications

Description
Establish internal and external communications

Tasks

  • Design and launch website, develop content and interface with stakeholders
  • Develop communications products and tools, including communications plan
  • Develop outreach strategy, including identification of key messages, vehicles and responsibilities

Status and Result

  • The Tribunal’s first website was hosted by Industry Canada.  In July 2006, the Tribunal’s own website was officially launched and all available reference and resource documents were posted on the site.  The Tribunal’s stakeholders received an e-mail advising them of the launching of the new site.
  • A communications plan was developed in consultation with the Tribunal’s management team.  A number of communications products, including a pamphlet, procedural guide, Frequently Asked Questions, speaking notes, presentations etc., were produced and made available through the Tribunal’s website or other means.
  • The Tribunal’s key stakeholders were invited to information sessions given by Tribunal members and staff on the complaint process and procedures.  With the sharp increase in the number of complaints in 2006-2007 and the resulting workload, the availability of members and staff decreased with the result that the number of presentations during 2006-2007 fell to ten from approximately 50 the previous year.
  • A discussion group was created to allow representatives from departments, agencies and bargaining agents to identify and address any areas of concern related to the Tribunal’s complaint process and procedures.
  • Consultation with representatives of the Canada School of Public Service took place through 2006-2007 concerning the development and production of an interactive, web-based tool designed to illustrate the complaint process and procedures in a clear and very practical way.

 


Priority No. 5:  Ensure tools are in place for HR Management

Description
Develop tools for HR management 

Tasks

  • Develop HR plan and resource policies and requirements
  • Set up HR policies and processes
  • Set up an Informal Conflict Management System (ICMS) and Labour-Management Committee
  • Develop a learning plan and policy

Status and Results

  • Given the focus on processing complaints, internal policies and procedures were undertaken, but have yet to be completed. 
  • A preliminary HR plan was drawn up in preparation for the establishment of the Tribunal, but changes to the plan were made once the Tribunal became operational and its organizational needs became clearer.  Work on a revised plan has begun.
  • An internal committee was formed to develop a suite of policies covering work-related matters such as labour relations, classification, security, communications etc.  Approximately 13 such policies were drafted and are currently at various stages of approval.
  • A temporary ICMS has been set up through the Public Service Labour Relations Board.  Consultation with the bargaining agents has yet to take place on the development and implementation of a permanent ICMS.
  • No formal learning plan or policy was developed during the reporting period; however, training was provided on an “as required” basis.

 


Priority No. 6:  Establish corporate and management practices

Description
Establish corporate services and management practices

Tasks

  • Develop an audit and evaluation plan
  • Establish corporate services processes, including the development of policies and procedures for finance, contracting, etc.
  • Develop the Tribunal’s performance measurement framework
  • Manage service agreements

Status and Results

  • A draft audit and evaluation plan was prepared.
  • A large number of corporate services were, and continue to be, provided by the PSLRB as part of the shared service agreement between the Tribunal and the PSLRB.  Others are developed as the need arises.
  • A draft performance measurement framework was prepared and will continue to be developed in 2007-2008.
  • Other shared service agreements were renewed in order to ensure continuing access to corporate services such as security, mail services etc.

Lessons Learned

The Tribunal set an ambitious agenda for 2006-2007 by identifying six main priorities related to its sole program activity:  The processing of complaints relating to the appointment, revocation and lay-off provisions of the Public Service Employment Act.

As a result of the sudden and dramatic rise in the number of complaints during the year, the Tribunal was obliged to concentrate on those priorities most critical to its operations – namely, the refinement of the complaint process and associated procedures, the gradual implementation of a fully-integrated case management system, the continued development and implementation of a mediation program, including a training component both for staff and for stakeholders, and the development of a comprehensive communication strategy.  The timeframe for developing internal policies and procedures, while essential to the success of the organization, was therefore extended in order allow the Tribunal to devote its resources to other more pressing priorities.

The need for an efficient case management system to track files, monitor their progress and ensure follow-up action as required was underscored by the increase in the number of complaints and the resulting workload.

The development of a variety of communication tools and outreach activities proved to be a crucial undertaking by the Tribunal inasmuch as it contributed to a better understanding of the Tribunal’s mandate and thus to more efficient and effective operations.

With a solid infrastructure in place and a team of multi-skilled and flexible individuals, the Tribunal is well positioned to put the finishing touches on its corporate services and internal administrative policies and procedures, while continuing to hone its formal complaint process and dispute resolution services.