Frequently Asked Questions about the PSLRB

• What is the Public Service Labour Relations Board (PLSRB) and what does it do?
• What happened to the former Public Service Staff Relations Board (PSSRB)?
• What do Board members do and how are they selected?
• What types of proceedings take place before the PSLRB?
• Why does the PSLRB post its decisions and orders on its website?
• Are privacy issues taken into consideration when the PSLRB posts its decisions on its website?
• I am concerned that my name will appear from a PSLRB decision when an Internet search is performed on the PSLRB website. Can anything be done to protect my privacy?
• How is the PSLRB held to account for its operations?
• Does the PSLRB have regional offices?

What is the Public Service Labour Relations Board (PSLRB) and what does it do?

The PSLRB is an independent quasi-judicial statutory tribunal responsible for administering the collective bargaining and grievance adjudication systems for both the federal public service and for Parliament. In accordance with its mandate, the PSLRB provides three main services:

• Adjudication services: Board members render decisions on complaints and labour relations matters and act as adjudicators in grievance hearings brought before them under the Public Service Labour Relations Act (PSLRA).
• Mediation services: Mediation provided by the PSLRB helps parties reach collective agreements, manage their relations under collective agreements, and resolve complaints and grievances in an effort to avoid formal adjudication hearings.
• Compensation analysis and research services: The PSLRB conducts compensation analysis and research to be used by parties engaged in the collective bargaining process in the federal public service as well as by other public and private organizations and individuals.

What happened to the former Public Service Staff Relations Board (PSSRB)?

The PSSRB ceased to exist with the coming into force of the Public Service Labour Relations Act on April 1, 2005.

What do Board members do and how are they selected?

Board members render decisions on complaints and labour relations applications, and act as adjudicators in grievance hearings. They may also serve as mediators.

Board members, other than the Chairperson and Vice-Chairpersons, are selected by the Governor in Council from a list prepared by the Chairperson of the Board in consultation with public service bargaining agents and public service employers covered by the PSLRA. Recommendations are put forward and a list of persons eligible to be appointed to the Board is prepared.

To be eligible, an individual must have knowledge of or experience in labour relations. Appointments are to be made so as to ensure that, to the greatest extent possible, there is a balance on the Board between persons recommended by employers and by bargaining agents. However, even though a Board member may have been recommended by one party or the other, he or she does not represent that party and is required to act impartially at all times. Board members are appointed by the Governor in Council for terms of no longer than five years and may be re-appointed any number of times.

For biographical information, please see Board members.

What types of proceedings take place before the PSLRB?

Proceedings before the PSLRB include the following:

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
• deployment without an employee’s consent

Complaints

• unfair labour practices
• 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
• requests for extensions of time to present grievances or to refer grievances to adjudication
  

Why does the PSLRB post its decisions and orders on its website?

As a quasi-judicial tribunal, the PSLRB renders decisions on a variety of labour relations matters in the federal public service. Like other tribunals, the PSLRB serves both the parties who appear before it by rendering fair and impartial decisions and the public by posting on its website its decisions and the reasons behind them. Providing access to decisions supports transparency and accountability, both of which are central to the values of the PSLRB. Not only does posting decisions on the PSLRB website provide valuable information about the rights of federal employees, it also contributes to ensuring consistency in decision making, since Members of the Board must take into account the PSLRB’s evolving case law when rendering decisions.

Are privacy issues taken into consideration when the PSLRB posts its decisions on its website?

The Supreme Court of Canada has ruled that, outside of exceptional cases, the public’s right to know how justice is administered takes precedence over the privacy of parties appearing before the courts. The same holds true with regard to proceedings before the PSLRB.

Nevertheless, in December 2008, the PSLRB adopted the Protocol for the use of personal information in judgments approved by the Canadian Judicial Council in March 2005. This reflects the ongoing commitment of Members of the Board to seek a balance between the open-court principle and the privacy concerns of individuals, in accordance with accepted legal principles, and to report in their decisions only the personal information that is relevant and necessary for their reasons.

This approach is consistent with the statement on the use of personal information in decisions of administrative tribunals and the posting of decisions on the websites of administrative tribunals that the Heads of Federal Administrative Tribunals Forum adopted in May 2009. The PSRLB endorsed this statement in June 2009.

As the information contained in PSLRB decisions is in the public domain, it is not subject to the restrictions provided in the Privacy Act. Nevertheless, the PSLRB abides by the Privacy Act by using personal information about the parties in a case in a manner consistent with the purpose for which it was obtained.

I am concerned that my name will appear from a PSLRB decision when an Internet search is performed on the PSLRB website. Can anything be done to protect my privacy?

In November 2007, the PSLRB modified its website to prevent Internet search engines (e.g., Google and Yahoo) from searching the full-text versions of decisions posted there. This was done using the “web robot exclusion protocol.” As a result, Internet searches no longer find information contained in the full-text versions of decisions posted on the PSLRB website, such as the full names of individuals. Internet searches only yield information from decision summaries, which contain surnames exclusively, or from the contents of the PSLRB’s annual reports. Thus, the information from the PSLRB website resulting from an Internet search for “Smith,” for example, will only come from those decision summaries or annual reports that contain the surname “Smith.” Internet search engines are blocked from accessing the full-text versions of decisions containing the surname “Smith” posted on the PSLRB website. As a result, Internet searches of “Corey Smith,” for example, will yield no results from the PSLRB website.

The use of the “web robot exclusion protocol” is encouraged by the Heads of Federal Administrative Tribunals Forum, as stated in its May 2009 statement on the use of personal information in decisions of administrative tribunals and the posting of decisions on the websites of administrative tribunals. The PSRLB endorsed this statement in June 2009.

We cannot guarantee that the technological measures taken will always be respected or free of mistakes or malfunctions. Please address your questions to the webmaster at webmaster-webmestre@pslrb.gc.ca.

How is the PSLRB held to account for its operations?

There are two main documents that support the PSLRB’s accountability to Parliament, to its clients and stakeholders, and to the Canadian public. The first is the PSLRB’s annual report to Parliament and the second is its annual performance report to Parliament (DPR).

Under section 251 of the PSLRA, at the end of each fiscal year the PSLRB is required to prepare an annual report on the administration of the Act during the previous year. The report outlines, among other things, the PSLRB’s mission, accomplishments and challenges. The designated Minister — currently the Minister of Canadian Heritage — is required to table the report in each House of Parliament within the first 15 days on which that House is sitting after he or she receives it.

The DPR furnishes information on the results achieved by the PSLRB with the public funds entrusted to it. Effective public reporting is essential to transparency and accountability in the Canadian system of government. Performance reports are generally tabled in Parliament every fall.

The latest reports can be found under Reports.

Does the PSLRB have regional offices?

The PSLRB does not have regional offices. The PSLRA sets the PSLRB’s head office to be in the National Capital Region. However, the PSLRB’s activities and services are offered across Canada.