Frequently Asked Questions

When did the new Public Service Labour Relations Act (PSLRA) come into effect?

What is the mandate of the new Public Service Labour Relations Board (PSLRB) established by the PSLRA?

What happened to the former Public Service Staff Relations Board?

What happened to cases that were filed under the Public Service Staff Relations Act and were still open on April1, 2005?

Does the PSLRB have regional offices?

Are new regulations in place due to the change in legislation?

Was the grievance process changed because of the new legislation?

Is mediation mandatory under the new regime?

Which changes did the PSLRA bring to the former bargaining process?

Which human rights cases are handled by the PSLRB?

What is the function of the compensation analysis and research services of the Board?

When did the new Public Service Labour Relations Act (PSLRA) come into effect?

The PSLRA, which was established by the Public Service Modernization Act (PSMA), came into effect on April 1, 2005.

What is the mandate of the new Public Service Labour Relations Board (PSLRB) established by the PSLRA?

The mandate of the PSLRB is to provide three (3) main services:

• Adjudication: hear labour relations applications and complaints, and grievances referred to adjudication
• Mediation: help parties reach collective agreements, manage their relations under collective agreements and resolve complaints and grievances
• Compensation analysis and research: conduct compensation surveys, compile, analyze and make the information available to the parties and to the public and conduct market-based compensation research.

What happened to the former Public Service Staff Relations Board?

The Public Service Staff Relations Board ceased to exist with the coming into force of the PSLRA.

What happened to cases that were filed under the Public Service Staff Relations Act and were still open on April1, 2005?

The PSLRB continues to process all files that remained open at the PSSRB - there is no need to re-file.  

Labour Relations matters that were filed with the PSSRB, such as certification applications and determinations of managerial or confidential employees, are dealt with in accordance with the new legislative provisions set out in the PSLRA, and the rules of procedure set out in the PSLRB Regulations must be followed.   However, where a notice to bargain was given prior to the coming into force of the Act, and, the bargaining agent had selected conciliation/strike as its dispute resolution method, the "designation" process of the PSSRA continues to apply until a new collective agreement is entered into.

Complaints that were filed with the PSSRB are also dealt with in accordance with the new Act, with the following exceptions:

• complaints that were filed under paragraph 23(1)(b) of the PSSRA respecting the failure of a party to give effect to an arbitral award will be deemed to be “policy grievances” and will be processed accordingly;
• complaints that were filed under paragraph 23(1)(c) of the PSSRA respecting the failure to give effect to an adjudicator’s decision will be deemed withdrawn, in light of the new enforcement provisions under the PSLRA.

Grievances that were presented under the PSSRA but not finally dealt with before the coming into force of the PSLRA continue to be dealt with in accordance with the provisions of the PSSRA.   Such grievances will also be subject to the P.S.S.R.B. Regulations and Rules of Procedure, 1993.

Does the PSLRB have regional offices?

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

Are new regulations in place due to the change in legislation?

New Board regulations that take into account the new provisions of the PSLRA came into effect on April 1, 2005.

Was the grievance process changed because of the new legislation?

The PSLRA brought a number of changes to the grievance system.

• Deputy heads in the core public administration are required, in consultation with the union representatives in their respective departments or organizations, to establish an informal conflict management system (s. 207).

• The Act refers to three types of grievances: individual grievances, group grievances and policy grievances.

  1. Individual grievances : Individual grievances relate to the interpretation or application of a collective agreement or arbitral award or any matter affecting the terms and conditions of a specific individual’s employment, such as disciplinary action, demotion, termination, suspension or financial penalty (s. 208).

     If an employee grieves against a termination of employment or demotion for unsatisfactory performance and refers the grievance to adjudication, s. 230 of the PSLRA requires the adjudicator to find that the termination or adjudication was for cause if he or she determines that the deputy head’s opinion about the unsatisfactory nature of the employee’s work was reasonable.

     The PSLRA allows grievances against deployment. Such grievances, however, can be referred to adjudication only when they relate to deployment without consent, where consent is required (s. 209(1)).

     When an employee has a workplace dispute, he or she has to choose between presenting a grievance and making a complaint under any applicable internal policy of the employer; however, this requirement to choose only applies if the internal policy expressly states that the employee gives up his or her right to grieve when he or she pursues relief under the policy.

  2. Group grievances: A group grievance may be presented when two or more employees in a single department or agency are similarly affected by the interpretation or application of a collective agreement or arbitral award (s. 215). The employees are able to opt into a group grievance which would be referred by their bargaining agent. If an employee later decides that he or she no longer wishes to participate in the group grievance, the employee can opt out. (s. 218).

  3. Policy grievances: A policy grievance relates to the interpretation or application of a collective agreement or an arbitral award (s. 220). Either the bargaining agent or the employer can refer a policy grievance.

It is now possible to refer grievances involving issues under the Canadian Human Rights Act, except in relation to pay equity, and be awarded monetary relief as provided under the Act (s. 208). The Canadian Human Rights Commission is entitled to be notified of such grievances and has standing to make submissions to an adjudicator.

Fact sheets, practice notes and the PSLRB Regulations provide more details on the Board’s grievance process.

Is mediation mandatory under the new regime?

The PSLRA clearly establishes mediation as one of the key services to be provided by the Board.   The PSLRA defines the nature of the mediation services that are offered by the Board as “(a) assisting the parties in the negotiation of collective agreements and their renewal; (b) assisting the parties in the management of the relations resulting from the implementation of collective agreements; (c) mediating in relation to grievances; and (d) assisting the Chairperson in discharging his or her responsibilities under this Act” (s. 15).

Mediation in relation to grievances is made available by mutual agreement between the parties.   In the context of collective bargaining (s. 108) the Chairperson may, if requested to do so, or on his or her initiative, appoint a mediator to confer with the parties to a dispute and to assist them in settling the dispute by any means the mediator considers appropriate.

More information on the Board’s mediation process can be found in the fact sheet developed on the subject and on the Board’s Web site, under Dispute Resolution.

Which changes did the PSLRA bring to the former bargaining process?

a)    The new Public Service Labour Relations Act establishes a new conciliation process.   Public Interest Commissions replace conciliation boards and conciliation commissioners (s. 162-167). Public Interest Commissions are non-permanent bodies consisting of one or three persons, appointed by the Minister responsible, whose role is to assist the parties to resolve disputes and make recommendations for settlement.   The Chairperson of the PSLRB recommends the appointment of a Public Interest Commission either at the request of the parties or on his or her own initiative.

b)    The PSLRA has enabled two-tier bargaining.   Two-tier bargaining will allow for service-wide bargaining to set the       broad parameters for terms and conditions of employment in a bargaining unit, while permitting precise details to       be negotiated in departments, if the employer, bargaining agent and deputy head jointly agree (s. 110).

c)     In order to declare a strike, the PSLRA requires bargaining agents to hold a strike vote by secret ballot.   All employees in the bargaining unit have the right to participate in the vote and must be given reasonable access to the vote (s. 184).   Strike votes will have to be held within the 60 days preceding any strike.   A majority of those voting will have to be in favour in order for a strike to be declared (s. 196(s)).   The Board may hear a complaint of alleged irregularities with respect to the conduct of the vote (s. 184(2)), where an application is made within 10 days of announcement of results.

More information on the Board’s bargaining process can be found in the fact sheet developed on the subject.

Which human rights cases are handled by the PSLRB?

Employees can file grievances involving issues under the Canadian Human Rights Act, except in relation to pay equity, and may be awarded monetary relief as provided under the Act (s. 208). The Canadian Human Rights Commission is entitled to be notified of such grievances and has standing to make submission to an adjudicator.

What is the function of the compensation analysis and research services of the Board?

The compensation analysis and research services of the Board are essentially, as outlined in section 16 of the Public Service Labour Relations Act, to conduct compensation surveys, compile information related to compensation, analyze that information and make it, and the analysis, available to the parties and to the public, and conduct any market-based research related to compensation that the Chairperson may direct.

The purpose of this work is to publish data on compensation paid to employees working in various segments of the Canadian labour market in occupations comparable to public service occupations, which the parties to collective bargaining in the public service may use in their negotiations.   The Board’s publications will provide the parties with a basis to work from in their discussions over compensation issues and it is hoped that they will assist them in reaching settlements at the bargaining table.   They will also be of assistance to Arbitration Boards and Public Interest Commissions in carrying out their dispute resolution roles under the Act.

In addition, an advisory board will be established which will be composed of an equal number of employer and employee representatives.   The advisory board will provide advice to the Chairperson with respect to the compensation analysis and research services provided by the Board (s. 53).