ACCESS TO INFORMATION ACT

ANNUAL REPORT

PUBLIC SERVICE STAFF
RELATIONS BOARD
2003-2004

August 19^th, 2004

The Honourable Liza Frulla
Minister of   Canadian Heritage and
   Minister responsible for Status of Women
Jules Léger Building, 12^thFloor
15 Eddy Street
Gatineau , QC    K1A 0M5

Dear Minister:

It is my pleasure to transmit to you, pursuant to section 72 of the Access to Information Act, the Twenty-first Annual Report of the Public Service Staff Relations Board covering the period from April 1, 2003, to March 31, 2004, for submission to Parliament.

Yvon Tarte
Chairperson

CONTENTS

• Introduction
• Statistical Reports / Explanation
• Organization of Activities and Delegation Instrument
• Implementation
• Formal/Informal Interface
• Institutional Policies
• Education and Training
• Complaints, Investigations and Audits
• Appeals to the Federal Court

PUBLIC SERVICE STAFF RELATIONS BOARD
ANNUAL REPORT
ACCESS TO INFORMATION ACT
APRIL 1, 2003, TO MARCH 31, 2004

INTRODUCTION

The Public Service Staff Relations Board (the Board) is a quasi-judicial statutory tribunal responsible for the administration of the systems of collective bargaining and grievance adjudication established under the Public Service Staff Relations Act(the Act) and the Parliamentary Employment and Staff Relations Act.   In addition, the Board is responsible for the administration of certain provisions of Part II of the Canada Labour Code concerning the occupational safety and health of employees in the Public Service. The Board also provides mediation and conciliation services to help parties resolve differences without resorting to formal proceedings before the Board.   The combined functions of the Chairperson and the Board in specific areas under the Act are analogous to those performed by Ministers of Labour in private sector jurisdictions.   Pursuant to the Act, the Board consists of a Chairperson, Vice-Chairperson, no less than three Deputy Chairpersons and such other full-time members and part-time members as the Governor in Council considers necessary.

Proceedings before the Board include grievance adjudication, applications for certification, revocation of certification, complaints of unfair labour practices, designation of confidential positions, designation of positions whose duties are required to be performed in the interest of the safety or security of the public, and complaints under the safety and health provisions of Part II of the Canada Labour Code.   By far the heaviest volume of cases consists of grievances referred to adjudication concerning the interpretation or application of provisions of collective agreements or major disciplinary action and termination of employment.

STATISTICAL REPORTS / EXPLANATION

The Board received five formal access to information requests during the period under review.   One request was from the media, one from a business and three requests were from individuals.   The Board also processed seven consultation requests. All requests were completed within the 30-day limit and access to the disclosed information of the formal request was provided through copies of the documents.

For one of the formal requests, there was partial disclosure of the available information.   Exemption was invoked under paragraph 19(1) of the Access to Information Act. We were unable to process the remaining four requests because the Board did not have the information being sought.

SUPPORTING DOCUMENTATION

Organization of Activities and Delegation Instrument

The Chairperson has appointed the Manager, Information Services, as Co-ordinator under the Access to Information Act (the ATIA). Any request received by the Board is referred by the Co-ordinator to the appropriate Branch for review and report before a decision is rendered on the request by the Co-ordinator. Where necessary, consultation takes place with the Chairperson. The Co-ordinator dedicates approximately 2% of a person-year to the administration of the Access to Information Actand to updating the Government of Canada Publication Info Source, and to preparing reports.

Implementation

A reading area is located in the Board's Records Office. A copy of the Government of Canada Publication Info Source is available for reference, as are Access to Information Request Forms, a copy of the Board's Subject Classification Manual and other relevant publications.

In compliance with the Treasury Board Policy on records management, the Board's Records Management Section is continuously reviewing and updating its information holdings to ensure quick retrieval of information which could be requested under the Access to Information Act. In addition, all information included in the Board's main filing system is linked to its respective Program Record Number.

Formal/Informal Interface

During the reporting period, five requests were submitted formally and one was received informally.   All formal completed requests were treated formally and the one request which was submitted informally was treated as such.

Institutional Policies

While the Board's policy is to charge fees for the processing of requests which exceed $5.00, the nature and merit of each request is reviewed before a final decision concerning the request for or waiving of payment is made.

Education and Training

Information on the Access to Information Acthas been incorporated into the Board's orientation package for new employees.

Complaints, Investigations and Audits

As of March 31, 2004, the Board had no outstanding complaints against it under the Access to Information Act.

Appeals to the Federal Court

There were no appeals to the Federal Court during the period under review with respect to Access to Information requests.

Report on the Access to Information Act