Info Source

Sources of Federal Government and Employee Information 2012

Table of Contents

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 the Privacy 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 Treasury Board (as the designated Minister) for the government-wide administration of the legislation.

1. General Information

Background

The Canada Industrial Relations Board (the CIRB or the Board) is an independent, representative, quasi-judicial tribunal responsible for the interpretation and application of the Canada Labour Code(the Code), Part I, Industrial Relations, and certain provisions of Part II, Occupational Health and Safety. It was established in January 1999, to replace the previous Canada Labour Relations Board, through amendments to Part I of the Code. Part I of the Code establishes the framework for collective bargaining, the acquisition and termination of bargaining rights, unfair labour practices and protection of public health and safety in the event of work stoppages affecting essential services. The Canada Industrial Relations Board reports to parliament through the Minister of Labour.

Responsibilities

The mandate of the Canada Industrial Relations Board is to contribute to and promote a harmonious industrial relations climate in the federally regulated sector through the impartial, effective and appropriate administration of the rules of conduct that govern labour and management in their representational and bargaining activities. To achieve this mandate, the Board seeks to provide effective industrial relations solutions for the Canadian labour relations community in a fair and timely manner.

The Board's role is to exercise its powers in accordance with the Preamble and provisions of the Code, which state that Parliament considers "the development of good industrial relations to be in the best interests of Canada in ensuring a just share of the fruits of progress to all." To that end, the Board aims to be responsive to the needs of the industrial relations community across Canada.

The Board has only one key operational program activity-the Adjudicative and Dispute Resolution Program. The second program activity of the Board is to provide the internal support required to carry out the Board's primary program.



2. Institutional Functions, Programs and Activities

Adjudicative and Dispute Resolution Program

Through its primary program, the Board resolves labour relations issues by exercising its statutory powers relating to the application and interpretation of Part I (Industrial Relations), and certain provisions of Part II (Occupational Health and Safety), of the Code. Activities include the granting, modification and termination of bargaining rights; the investigation, mediation and adjudication of complaints alleging violation of Part I of the Code; the determination of essential services; the exercise of ancillary remedial authority; the exercise of cease and desist powers in cases of unlawful strikes or lockouts; the settlement of the terms of a first collective agreement.

Adjudicative and Dispute Resolution

The Board's three main operational priorities are to provide expeditious and fair processing of applications and complaints; focus on successful resolution of labour relations problems through appropriate dispute mechanisms; and continue with its formal and informal consultations and engagement with the labour relations community.

Acquisition and Termination of Bargaining Rights

Description: Includes records related to case files for the acquisition of the right to bargain collectively by trade unions on behalf of employees in the federal jurisdiction, through certification as a bargaining agent or by way of successor rights, and the termination of bargaining rights.

Document Types: Document Types: Documents include applications for certification; applications for declaration of single employer; applications for revocation of certification; applications for declaration of successor rights; applications for declaration of sale of business; applications for access to employer's premises for the purpose of soliciting union membership.

Record Number: CIRB OPS 005

Termination of Bargaining Rights
 – Bank number: CIRB PPU 010

Description: This bank contains information on case files concerning applications for revocation of certifications, which grant bargaining agents (unions) the right to represent employees in collective bargaining with employers under federal jurisdiction.

Class of Individuals: Individuals who work for companies under federal jurisdiction, as set out in the Canada Labour Code.

Purpose: To determine whether an individual is a member of the bargaining unit and therefore entitled to express support for or against his or her bargaining agent.

Consistent Uses: Determination if applications for revocation require a public hearing in order to assess complex issues, which could affect the Board's decision and may result in the publication of a written judgment containing the facts surrounding the application and the Board's reasons for granting or rejecting it.

Retention and Disposal Standards: Case files are kept by the Board for 27 years, then transferred to the Library and Archives Canada. Withdrawn cases are destroyed after three years.

RDA Number: 96/025

Related Record Number: CIRB OPS 005

TBS Registration: 000102

Bank Number: CIRB PPU 010

Change of Terms and Conditions of Employment

Description: Includes records related to applications by employers under federal jurisdiction for permission to alter the rates of pay, or any other terms or conditions of employment, or any rights or privileges of employees who are the subject of an application by a trade union to represent the employees in collective bargaining.

Document Types: Documents include applications to change terms and conditions of employment

Record Number: CIRB OPS 035

Collective Bargaining and Collective Agreements

Description: Includes records related to applications concerning disputed collective agreements or the identification of parties bound by a collective agreement; applications concerning an employer's failure to comply with obligations under a collective agreement respecting any proposed technological change; applications for permission to give the employer notice to begin collective bargaining following a notice of technological change; references from the Minister of Labour directing the Board to inquire into disputes related to the settlement of first collective agreements, and to impose a first agreement on the parties when necessary; applications by a trade union or an employer with respect to the maintenance of activities required to protect the health and safety of the public in the event of a strike or lockout; referrals by the Minister of Labour concerning the application of or compliance with the maintenance of activities provisions; applications by individuals who, because of religious beliefs, object to joining a trade union or to paying regular union dues to a trade union; applications by parties to a collective agreement to serve notice to bargain following the establishment of a portion of the public service as a Crown corporation and following certain determinations by the Board as to whether the agreement will remain in force, the expiration date if it does remain in force, whether the employees concerned constitute one or more units appropriate for collective bargaining, and which trade union shall be the bargaining agent for each unit.

Document Types: Documents include applications for determination of the existence of a collective agreement; revision of terms of collective agreement; technological change; leave to serve notice to bargain concerning technological change; provision of first agreement; maintenance of activities to protect the health and safety of the public; religious objections; portion of the public service established as Crown corporation.

Record Number: CIRB OPS 030

Religious Objections
 – Bank number: CIRB PPU 015

Description: This bank contains information on applications by individuals who, because of religious beliefs, object to joining a trade union or to paying regular union dues to a trade union. The Board may order that a provision in a collective agreement requiring membership in a trade union or the payment of union dues as a condition of employment not be applied to such employees.

Class of Individuals: Individuals who work for companies under federal jurisdiction, as set out in the Canada Labour Code.

Purpose: To determine whether an employee's objections to membership in a trade union are based on true religious convictions.

Consistent Uses: To determine if religious objections require a public hearing to assess complex issues, which could affect the Board's decision regarding the objections. Such a hearing may result in the publication of a written judgment containing the facts surrounding the application and the Board's reasons for granting or rejecting the application.

Retention and Disposal Standards: Case files are kept by the Board for three years and then destroyed.

RDA Number: 96/025

Related Record Number: CIRB OPS 030

TBS Registration: 002331

Bank Number: CIRB PPU 015

Complaints of Unfair Labour Practice

Description: Includes records related to complaints by persons or organizations that an employer, a trade union or a person has violated or failed to comply with provisions of the Canada Labour Code (Part I-Industrial Relations).

Document Types: Documents include complaints related to failure to bargain in good faith, interference with the bargaining rights of a bargaining agent and changing of conditions of employment without the consent of the bargaining agent during the prescribed bargaining period; complaints alleging offences by employers such as interference with the formation or administration of a union or the representation of employees by a trade union, or discrimination against employees for union membership, union activity or the exercise of their rights under the Code; complaints alleging violations by trade unions such as trying to force an employer to bargain collectively in respect of employees for whom the union is not the bargaining agent, bargaining with an employer in respect of employees with the knowledge that another organization is the actual bargaining agent, interference in the formation or administration of an employers' organization, unauthorized soliciting of employees during their working hours at their place of employment, requiring the termination of an employee for loss of union membership unless that loss of membership is the result of failure to pay the required union fees, the application of membership rules or disciplinary procedures in a discriminatory manner, and discriminating against a person in matters related to employment or union membership because a person has exercised certain rights or fulfilled specified obligations under the Code; complaints alleging failure of a trade union to represent fairly all employees in the bargaining unit, or failure to establish rules for the referral of members to employment and apply the rules fairly, and alleging failure of a trade union to provide certified financial statements of its affairs to the end of its last fiscal year to any of its members free of charge.

Record Number: CIRB OPS 010

Violations of the Canada Labour Code
 – Bank number: CIRB PPU 005

Description: This bank contains information on case files such as complaints by individuals that a section, or sections, of the Canada Labour Code, Parts I and II have been violated by their employer, their union, or another individual. Files may contain information on grievances, work records, or letters from unions or employers containing opinions or comments about individuals.

Class of Individuals: Individuals who work for companies under federal jurisdiction, as set out in the Canada Labour Code.

Purpose: To bring about a settlement to the dispute or, failing settlement, for the purpose of adjudication by the Board on the merits of the complaint.

Consistent Uses: Information contained in case files with testimonies given at public hearings may be published in written judgments, which set out the Board's reasons for rejecting or upholding a complaint. Personal information is used solely for the purpose of settling or deciding on the merits of each case and is published solely for the purpose of explaining the Board's reasons for its decision and its policy in like cases.

Retention and Disposal Standards: Case files are kept by the Board for three years and then destroyed.

RDA Number: 96/025

Related Record Number: CIRB OPS 010

TBS Registration: 000101

Bank Number: CIRB PPU 005

Review and Enforcement of Orders

Description: Includes records related to applications to amend or rescind previous Board decisions or to reconsider previous decisions; requests to file Board orders in the Federal Court to give them the weight of an order of the court; or applications for the written consent of the Board to prosecute an offence under the Canada Labour Code.

Document Types: Documents include application for review; filing of Board order in court; consent to prosecute.

Record Number: CIRB OPS 025

Safety of Employees

Description: Includes records related to complaints by employees alleging that their employer has imposed a penalty on them because they refused to work in accordance with their rights under Part II of the Canada Labour Code (refusal to work because of a dangerous situation).

Document Types: Documents include complaint alleging an employer has taken action against an employee for having exercised its rights under Part II of the Canada Labour Code.

Record Number: CIRB OPS 020

Unlawful Work Stoppage

Description: Includes records related to applications by an employer (in the case of a strike) or by a trade union (in the case of a lockout) for a declaration that the work stoppage is unlawful.

Document Types: Documents include applications concerning unlawful strikes; applications in cases of unlawful lockout.

Record Number: CIRB OPS 015

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. These groups are: Management and Oversight Services; Communications Services; Legal Services; Human Resources Management Services; Financial Management Services; Information Management Services; Information Technology Services; Real Property Services; Materiel Services; Acquisition Services; and Travel 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 fulfil 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.

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 service operations and programs of the federal government comply with applicable laws, regulations, policies, and/or plans.

Travel And Other Administrative Services

Travel and Other Administrative Services include Government of Canada (GC) travel services, as well as those other internal services that do not smoothly fit with any of the internal services categories.

Classes of Personal Information

Other Personal Information Banks

Other case files and subject files held by the Case Management Services may contain personal information such as names of individuals, addresses, position titles, job descriptions, salaries, and membership in a trade union. The information is not retrievable by personal identifiers and is collected solely for the purpose of administering the Canada Labour Code. All files are organized by file number and are maintained by the Case Management Services at headquarters in Ottawa. Regional offices retain duplicate files for the purposes of investigation until the settlement of a case. Some personal information such as job descriptions and salaries may be published in written judgments where it is pertinent to the background of a case in which the Board decides its decision requires formal elaboration. Such information is usually the result of testimony given at public hearings.

Manuals

  • Operational Procedures Guide
  • Reference Manuel


3. Additional Information

The Government of Canada encourages the release of information through requests outside of the ATIP process. You may wish to consult the CIRB's completed Access to Information (ATI) summaries. Please contact the CIRB to make an informal request.

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

Reading Room

In accordance with the Access to Information Act, an area on the premises of this institution has been designated as a public reading room. The address is:

C.D. Howe Building
240 Sparks Street, 4th Floor West
Ottawa, Ontario

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