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Website in transition!

On November 1, 2014, the Public Service Labour Relations and Employment Board (PSLREB) was created. The PSLREB was created when the Public Service Labour Relations Board (PSLRB) and the Public Service Staffing Tribunal (PSST) merged. This PSLRB website is in the process of being phased out in favour of the new PSLREB website. During a period of transition, this PSLRB website will continue to provide archived reports, decisions, and transitional information. Please visit the new PSLREB website for the most recent content.

Info Source

Sources of Federal Government and Employee Information

Public Service Labour Relations Board

TABLE OF CONTENTS

GENERAL INFORMATION

Info Source: Sources of Federal Government and Employee Information provides information about the functions, programs, activities and related information holdings of government institutions subject to the Access to Information Act and the Privacy Act. It provides individuals and employees of the government (current and former) with relevant information to access personal information about themselves held by government institutions subject to the Privacy Act and to exercise their rights under that Act.  

The Introduction and an index of institutions subject to the Access to Information Act and the Privacy Act are available centrally.

The Access to Information Act and the Privacy Act assign overall responsibility to the President of the Treasury Board (as the designated Minister) for the government-wide administration of the legislation.

Background

The Public Service Labour Relations Board (PSLRB) came into being on April 1, 2005, with the enactment of the Public Service Labour Relations Act (PSLRA), replacing the Public Service Staff Relations Board, which had existed since 1967, when collective bargaining was first introduced in the federal public service.

As a quasi-judicial tribunal, the PSLRB is independent of the government of the day. It is responsible to Parliament through a designated minister who is not a member of the Treasury Board. The designated minister is currently the Minister of Canadian Heritage and Official Languages.

Responsibilities

The PSLRB is mandated by the PSLRA to administer the collective bargaining and grievance adjudication systems in the federal public service and, under the Parliamentary Employment and Staff Relations Act (PESRA), for the institutions of Parliament. Its two main services are adjudication and mediation.

Board members administer the PSLRA, rendering decisions brought before the Board. Proceedings before the PSLRB include grievance adjudications, arbitrations, conciliations, mediations, applications for certification, revocations of certification, displacements, complaints of unfair labour practices, identifications of positions with duties of a managerial and confidential nature, determinations of successor rights, enforcements of obligations of employers and employee organizations, and complaints.

The PSLRB also hears complaints about reprisals under the Canada Labour Code.

The PSLRB mediation services helps parties work together to resolve grievances and complaints and provides training in alternative dispute resolution.

As well, the mandate of the PSLRB has been further expanded as a result of transitional provisions under section 396 of the Budget Implementation Act, 2009. Specifically, the PSLRB is responsible for dealing with existing pay equity complaints for the public service that were, and could be, filed with the Canadian Human Rights Commission and with those that may arise in the future under the Public Sector Equitable Compensation Act (PSECA).

Policy on Openness and Privacy

In April 2010, the PSLRB adopted a Policy on Openness and Privacy, which explains why and how the PSLRB gives access to case files that relate to the proceedings that it administers. The Policy on Openness and Privacy was updated in September 2013, and the full text follows:

Open justice

The Public Service Labour Relations Board (“the Board”) is an independent quasi-judicial tribunal that operates very much like a court when it conducts proceedings under several labour-related statutes, including the Public Service Labour Relations Act, the Parliamentary Employment and Staff Relations Act and Part II of the Canada Labour Code. This document outlines the Board’s policy on the openness of its processes and describes how it handles issues relating to privacy.

The open court principle is significant in our legal system. In accordance with that principle, the Board conducts its oral hearings in public, save for exceptional circumstances. Because of its mandate and the nature of its proceedings, the Board maintains an open justice policy to foster transparency in its processes, accountability and fairness in its proceedings.

The Board’s website, notices, information bulletins and other publications advise parties and the community that its hearings are open to the public. Parties that engage the Board’s services should be aware that they are embarking on a process that presumes a public airing of the dispute between them, including the public availability of decisions. Parties and their witnesses are subject to public scrutiny when giving evidence before the Board, and they are more likely to be truthful if their identities are known. Board decisions identify parties and their witnesses by name and may set out information about them that is relevant and necessary to the determination of the dispute.

At the same time, the Board acknowledges that in some instances mentioning an individual’s personal information during a hearing or in a written decision may affect that person’s life. Privacy concerns arise most frequently when some identifying aspects of a person’s life become public. These include information about an individual’s home address, personal email address, personal phone number, date of birth, financial details, SIN, driver’s licence number, or credit card or passport details. The Board endeavours to include such information only to the extent that is relevant and necessary for the determination of the dispute.

With advances in technology and the possibility of posting material electronically — including Board decisions — the Board recognizes that in some instances it may be appropriate to limit the concept of openness as it relates to the circumstances of individuals who are parties or witnesses in proceedings before it.

In exceptional circumstances, the Board departs from its open justice principles, and in doing so, the Board may grant requests to maintain the confidentiality of specific evidence and tailor its decisions to accommodate the protection of an individual’s privacy (including holding a hearing in private, sealing exhibits containing sensitive medical or personal information or protecting the identities of witnesses or third parties). The Board may grant such requests when they accord with applicable recognized legal principles.

The Board’s policy is consistent with the statement of the Heads of Federal Administrative Tribunals Forum (endorsed by the Council of Canadian Administrative Tribunals) and the principles found in the Protocol for the Use of Personal Information in Judgments approved by the Canadian Judicial Council.

Access to case files by a party

The Board provides parties with access to their case files in accordance with the rules of natural justice.

Board case files are maintained only in paper format. They are available to the parties for consultation at the Board’s premises with appropriate notice. However, information protected by solicitor-client privilege is not available for consultation.

Access to case files by the public

The Board considers that the Access to Information Act and the Privacy Act do not apply to its case files. However, the Board provides public access to case files in accordance with the open court principle.

Board case files are maintained only in paper format. They contain correspondence between the parties, and are available to the public for consultation at the Board’s premises with appropriate notice. However, information such as an individual’s home address, personal email address, personal phone number, date of birth, financial details, SIN, driver’s licence number, or credit card or passport details is not available for consultation. Further, information protected by solicitor-client privilege is not available for consultation. Some case files relating to grievances referred to adjudication by persons employed in the Canadian Security Intelligence Service are not available to the public for consultation.

Exhibits filed at a hearing are available to the public for consultation at the Board’s premises with appropriate notice, once the decision on the merits of the case has been rendered or the Board has otherwise closed its case file. However, exhibits that have been ordered sealed are not available for consultation.

Access to decisions by the public

The Board provides public access to its decisions in accordance with the open court principle.

Board decisions are available electronically on its website. In an effort to establish a balance between public access to its decisions and privacy concerns, the Board has taken measures to prevent Internet searches of full-text versions of decisions posted on its website. This was accomplished by using the “web robot exclusion protocol,” which is recognized by Internet search engines (e.g., Google and Yahoo). As a result, an Internet search of a person’s name will not yield any information from the full-text versions of decisions posted on the Board’s website.

Disposition of case files

The Board disposes of its case files in accordance with the schedule approved by the Librarian and Archivist of Canada. Exhibits are generally kept for two years following the final decision on a case.

INSTITUTIONAL FUNCTIONS, PROGRAMS AND ACTIVITIES

Public Service Labour Relations Board

Information Holdings for the Public Service Labour Relations Board

Appointments of Arbitrators and Adjudicators – Class of Record
Description: Information on the appointments of arbitrators and adjudicators appointed to resolve negotiation impasses and grievances.
Document Types: Resumés; Order in Council appointment documents.
Record Number: PSLRB ROP 510

Appointments of Arbitrators and Adjudicators – Personal Information Bank
Description: This bank contains information relating to the appointment of individuals as arbitrators and adjudicators to the PSLRB.
Class of Individuals: Past and present arbitrators appointed by the PSLRB and adjudicators appointed by Order in Council.
Purpose: The purpose of this bank is to retain information on the appointment of individuals as arbitrators or adjudicators.
Consistent Uses: This bank is used to record and provide information on appointees.
Retention and Disposal Standards: Records are retained for 25 years after the termination of employment and then destroyed.
RDA Number: 98/005
Related Record Number: PSLRB ROP 510
TBS Registration: 002186
Bank Number: PSLRB PPE 802

Appointment of Mediator – Class of Record
Description: Information on the appointment, by the Chairperson, of a mediator to assist an employer and a bargaining agent to settle a dispute arising out of collective bargaining.
Document Types: Requests for mediation by both an employer and a bargaining agent. General correspondence only.
Record Number: PSLRB ROP 589

Complaint/Grievance Mediation – Class of Record
Description: Information on the status of mediation for resolving a dispute (complaint/grievance) between an employer and an employee or an employer and a bargaining agent.
Document Types: Agreement to mediate, status of mediation.
Record Number: PSLRB ROP 579

Complaint/Grievance Mediation – Personal Information Bank
Description: This bank contains requests for mediation services, replies to requests, notices of meetings and status reports. The personal information described in this bank includes names, addresses, telephone numbers, ages, sex, marital statuses, employee numbers, races and countries of birth.
Class of Individuals: Individuals employed in the federal public service and parliamentary employees.
Purpose: The purpose of this bank is to record the administrative steps of the mediation process.
Consistent Uses: Personal information may be used for statistical purposes, the publication of decisions on the Internet and in the PSLRB's annual reports.
Retention and Disposal Standards: Records are retained for four years and are then destroyed.
RDA Number: TBD
Related Record Number: PSLRB ROP 579
TBS Registration: 005254
Bank Number: PSLRB PCE 726

Labour Relations – Class of Record
Description: Information of a general nature relating to labour relations and not relating to another program record.
Document Types: Labour relations general housekeeping documents.
Record Number: PSLRB LRG 500

Mediators, Experts and Advisors – Class of Record
Description: Information on hiring, on a temporary basis, the services of mediators and other experts or persons having technical or special knowledge to assist the PSLRB.
Document Types: Resumés; hiring documents.
Record Number: PSLRB DRS 587

Internal Services

Internal Services are groups of related activities and resources that are administered to support the needs of programs and other corporate obligations of an organization, such as management and oversight services; communications services; human resources management services; financial management services; information management services; information technology services; materiel services; and other administrative services. Internal Services include only those activities and resources that apply across an organization and not to those provided specifically to a program.

Acquisitions

Acquisition Services involve activities undertaken to acquire a good or service to fulfill a properly completed request, including a complete and accurate definition of requirements and certification that funds are available, until entering into or amending a contract.

Communications Services

Communications Services involve activities undertaken to ensure that Government of Canada communications are effectively managed, well-coordinated and responsive to the diverse information needs of the public. The communications management function ensures that the public (internal or external) receives government information and that the views and concerns of the public are taken into account in the planning, management and evaluation of policies, programs, services and initiatives.

Financial Management

Financial Management Services involve activities undertaken to ensure the prudent use of public resources, including planning, budgeting, accounting, reporting, control and oversight, analysis, decision support and advice, and financial systems.

Human Resources Management

Human Resources Management Services involve activities undertaken for determining strategic direction, allocating resources among services and processes, as well as activities relating to analyzing exposure to risk and determining appropriate countermeasures. They ensure that the service operations and programs of the federal government comply with applicable laws, regulations, policies and/or plans.

Information Management

Information Management Services involve activities undertaken to achieve efficient and effective information management to support program and service delivery; foster informed decision making; facilitate accountability, transparency, and collaboration; and preserve and ensure access to information and records for the benefit of present and future generations.

Information Technology

Information Technology Services involve activities undertaken to achieve efficient and effective use of information technology to support government priorities and program delivery, to increase productivity, and to enhance services to the public.

Legal Services

Legal Services involve activities undertaken to enable government departments and agencies to pursue policy, program and service delivery priorities and objectives within a legally sound framework.

Management and Oversight Services

Management and Oversight Services involve activities undertaken for determining strategic direction and allocating resources among services and processes, as well as those activities related to analyzing exposure to risk and determining appropriate countermeasures. They ensure that the federal government service operations and programs comply with applicable laws, regulations, policies and/or plans.

Materiel Services

Materiel Services involve activities undertaken to ensure that materiel can be managed by departments in a sustainable and financially responsible manner that supports the cost-effective and efficient delivery of government programs.

Real Property

Real Property Services involve activities undertaken to ensure real property is managed in a sustainable and financially responsible manner, throughout its life cycle, to support the cost-effective and efficient delivery of government programs.

Travel and Other Administrative Services

Travel and Other Administrative Services include Government of Canada travel services, as well as those other internal services that do not smoothly fall into any of the internal services categories.

Public Service Staff Relations Board

The former Public Service Staff Relations Board (PSSRB) was established in 1967 by the Public Service Staff Relations Act, R.S.C. 1985, c. P-35 (PSSRA). Its responsibilities were to administer the collective bargaining and grievance adjudication systems in the federal public service. It was also mandated by the PESRA to perform the same role for the institutions of Parliament. The PSSRB provided mediation services to help parties work together to resolve grievances and complaints. The PSSRB ceased to exist with the coming into force of the Public Service Labour Relations Act (PSLRA) in 2005.

The Following Information Holdings are for the Former Public Service Staff Relations Board

Appointment of a Mediator – Class of Record
Description: Information on the appointment by the Chairperson of a mediator to attempt to resolve differences between the employer and a bargaining agent.
Document Types: Terms or conditions of employment under negotiation for a collective agreement, general correspondence only.
Record Number: PSLRB ROP 135

Classes of Personal Information

Correspondence and Enquiries
This class of information contains correspondence received by the PSLRB from external organizations or individuals in the form of requests for information, complaints, opinions and other similar submissions.

This information exists in a fragmented form throughout the subject files controlled by the PSLRB and is normally retrievable only if specifics are provided for the subject and the date of the correspondence. The retention period for this class of personal information is controlled by the retention period of the files in which they are stored.

Manuals

  • Operations Division - Operational Procedures

ADDITIONAL INFORMATION

The Government of Canada encourages the release of information through requests outside of the ATIP process. You may wish to consult the Public Service Labour Relations Board’s completed Access to Information (ATI) summaries on its website at http://www.pslrb-crtfp.gc.ca/ati/intro_e.asp. To make an informal request, contact:

Public Service Labour Relations Board
240 Sparks Street
P.O. Box 1525, Station B
Ottawa, Ontario
K1P 5V2

Tel.: 613-990-1800

The Public Service Labour Relations Board conducts Privacy Impact Assessments (PIAs) to ensure that privacy implications will be appropriately identified, assessed and resolved before a new or substantially modified program or activity involving personal information is implemented.

Please see the introduction to this publication for information about access procedures under the provisions of the Access to Information Act and the Privacy Act.

The PSLRB gives access to case files that relate to the proceedings that it administers in accordance with its Policy on Openness and Privacy.

For additional information about the programs and activities of the Public Service Labour Relations Board, please contact:

Access Coordinator
Public Service Labour Relations Board
240 Sparks Street
P.O. Box 1525, Station B
Ottawa, Ontario
K1P 5V2

Telephone: 613-990-1757

www.pslrb-crtfp.gc.ca

Reading Room

In accordance with the Access to Information Act, an area on the PSLRB premises has been designated as a public reading room and is located at the following address:

Public Service Labour Relations Board
240 Sparks Street, Room 696G
Ottawa, Ontario

Date Modified:2014-10-31 (1)
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