REPORT: Comparison of Two Administrative Bodies

Introduction:
The exploration of expanding the functions of the Employment and Assistance Appeal Tribunal
within the Ministry of Social Development and Poverty Reduction in British Columbia necessitates a
detailed understanding of administrative agencies. My research has focused on a comparative analysis
of two prominent Canadian administrative boards: the Federal Public Sector Labour Relations and
Employment Board (FPSLREB) and the British Columbia Labour Relations Board (BCLRB). This report
aims to provide a nuanced examination of their respective roles, functions, and structures, offering
insights for potential enhancements to the existing tribunal.
Federal Public Sector Labour Relations & Employment Board (FPSLREB):
Definition/Overview:
The FPSLREB is a quasi-judicial body established at the federal level in Canada. It serves as an
independent administrative tribunal tasked with overseeing labor relations and employment matters
within the federal public sector. Its mandate encompasses the resolution of disputes arising from
collective bargaining, addressing unfair labor practices, and providing a venue for the adjudication of
grievances and appeals within the federal public service. The FPSLREB plays a pivotal role in
interpreting and applying relevant legislation to ensure fairness and compliance in federal labor
relations.
Creation:
The FPSLREB was established June 19, 2014, through the merger of the Public Service Labour
Relations Board and the Public Service Staffing Tribunal. The consolidation aimed to streamline and
enhance the efficiency of labor relations and employment matters within the federal public sector.
Enabling Legislation
The enabling legislation for the FPSLREB is the Federal Public Sector Labour Relations Act.,
S.C. 2003, c. 22, s. 2 (the “Act”). The Act is the key piece of legislation that establishes the legal
framework for labour relations and employment matters within the federal public service. The Act
defines the rights and responsibilities of employers, employees, and bargaining agents in the federal
public service, promoting fair and effective labour relations. Individuals and organizations involved in
labour relations matters within the federal public sector refer to the Act for guidance on their rights and
obligations.
 Key elements of the Act include provisions related to the composition of the FPSLREB, the
appointment and qualifications of its members, and the procedures for conducting hearings and making
decisions. The legislation also addresses the enforcement of decisions made by the FPSLREB and the
appeals process, allowing parties dissatisfied with board decisions to seek judicial review through the
Federal Court of Appeal.
Privative clause
The Act, which governs the FPSLREB, does contain a privative clause. A privative clause is a
provision in legislation that seeks to limit the scope of judicial review and restrict the ability of the
courts to intervene in administrative decisions. The presence of a privative clause indicates that the
decisions made by the administrative tribunal, in this case, the FPSLREB, are intended to be given a
degree of deference by the courts. It implies that the decisions of the board are generally considered
final and not easily subject to judicial review except in certain limited circumstances.
Membership Composition:
The FPSLREB typically has a decision-making body composed of members, including a
Chairperson and Vice-Chairpersons.
The Chairperson is a key leadership role within the FPSLREB. The Chair oversees the overall
functioning of the board, presides over hearings, and may have additional administrative responsibilities.
The Vice-Chairperson assists the Chair in various capacities. They may be assigned specific
responsibilities or areas of expertise related to the functions of the board.
Members of the FPSLREB are appointed based on their expertise in areas such as labour
relations, employment law, and other relevant fields. The number of members may vary, and they
collectively contribute to the decision-making process.
Decision Making Process:
Decisions are typically rendered by a panel of members, ensuring a collective and balanced
approach. The focus is on maintaining fairness, impartiality, and strict adherence to relevant
legislation.
Operations
The FPSLREB’s operations involve a range of activities related to the resolution of labour
relations and employment issues within the federal public service.
Here are key aspects of how the FPSLREB conducts its operations:
 a) Adjudication and Decision-Making:
The FPSLREB adjudicates disputes and issues decisions on matters within its jurisdiction. This
includes hearings to resolve issues related to certification or decertification of bargaining agents,
collective bargaining disputes, unfair labour practices, and grievance adjudications.
b) Mediation and Conciliation:
The FPSLREB may offer mediation and conciliation services to assist parties in resolving
disputes through negotiation. Mediation involves a neutral third-party facilitating discussions,
while conciliation involves intervention by a third party to help parties reach an agreement.
c) Certification and Decertification Processes:
The FPSLREB is involved in processes related to the certification and decertification of
bargaining agents. This includes overseeing applications, conducting votes among employees to
determine union representation, and ensuring compliance with certification requirements.
d) Collective Bargaining Facilitation:
The FPSLREB plays a role in facilitating the collective bargaining process between bargaining
agents and employers in the federal public service. This involves helping parties reach
agreements and, if necessary, providing dispute resolution services.
e) Investigation and Adjudication of Unfair Labour Practices:
The board investigates and adjudicates complaints related to unfair labour practices. This may
include actions by employers or bargaining agents that interfere with employees' rights under the
FPSLRA.
f) Essential Services Designation:
In the event of a strike or lockout, the FPSLREB may be involved in the designation of essential
services to ensure that critical services are maintained.
g) Appeals Process:
The FPSLREB decisions are subject to an appeals process. Parties dissatisfied with a decision
may have the right to appeal to the Federal Court of Appeal.
h) Compliance Monitoring:
The FPSLREB monitors and ensures compliance with its decisions, orders, and the FPSLRA.
Hearing Process:
The FPSLREB conducts hearings to address a range of issues, including grievances, complaints of
unfair labor practices, and disputes arising from collective bargaining. The process involves the
presentation of evidence, examination of witnesses, and legal arguments to arrive at informed
decisions.
Case Study
In the case of Hamel v. Parks Canada Agency (2022 FPSLREB 61), the grievor was rejected on
probation from her employment with Parks Canada eight months after being hired. The termination
letter cited reasons such as being unreceptive to guidance, not adhering to policies and visions, and
displaying questionable judgment. The Board found that the termination was influenced by a
fractured relationship between the grievor and her supervisor. Despite the employer's argument that
the Board lacked jurisdiction, the Board determined that the termination constituted disguised
discipline. The Board rejected the claim of cause for termination, noting that the grievor lacked clear
objectives and proper training, adhered to policies, complied with language policies, did not exhibit
poor judgment, and demonstrated effective communication. Concluding that the employer acted in
bad faith and terminated the grievor as a form of discipline, the Board allowed the grievance, stating
that no cause for termination was proven and ordering the reinstatement of the grievor.

British Columbia Labour Relations Board (BCLRB):

Definition/Overview:
The BCLRB is a provincial administrative agency situated in British Columbia. It operates as an
impartial and quasi-judicial tribunal responsible for overseeing labor relations in both the private
sector and designated public sector organizations within the province. Its multifaceted role includes
facilitating the collective bargaining process, resolving disputes related to unfair labor practices and
grievances, and conducting certification processes for bargaining agents. The BCLRB plays a crucial
part in maintaining industrial peace and regulating labor relations in accordance with provincial laws.
Creation:
The BCLRB was established in 1973 under the Labour Relations Code of British Columbia,
reflecting the provincial government's commitment to regulating and fostering fair labor relations
across sectors. It changed its name to “Industrial Relations Council” in 1987, then changed back to
“Labour Relations Board” in 1993.
Enabling Legislation
The statutory basis for the BCLRB is the Labour Relations Code of British Columbia. The
Labour Relations Code is a comprehensive piece of legislation that outlines the powers and functions of
the BCLRB, which addresses various aspects of labour relations, including the formation and
certification of trade unions, collective bargaining processes, unfair labour practices, and the resolution
of disputes.
The Code may authorize the BCLRB to establish procedures, rules, and regulations governing its
operations. These may include rules related to the conduct of hearings, the submission of documents,
and other procedural matters.
Membership Composition:
The BCLRB typically has a chairperson who is responsible for providing leadership and
overseeing the operations of the board. The Chairperson may have a legal background and expertise in
labour relations.
The BCLRB may have Vice-Chairpersons and other Members who contribute to the decision-
making process. These individuals are often appointed based on their knowledge and experience in
labour relations, employment law, or related fields. The composition may include individuals with
backgrounds representing employers, employees, and the public interest, ensuring a balanced and
diverse perspective on labour relations matters.
Decision Making Process:
The decisions are made by the Board, often through panels, and are grounded in the evidence
presented during hearings. Adjudications consider applicable laws and regulations to arrive at
equitable and legally sound resolutions.
Operations
The BCLRB conducts its operations through a structured and regulated process, adhering to the legal
framework provided by the Labour Relations Code of British Columbia. While specific procedures may
vary based on the nature of the case, here is a general overview of how the BCLRB conducts its
operations:
a) Application or Complaint Filing:
The process typically begins with the filing of an application or complaint by one of the parties
involved. This could include applications related to certification or decertification of unions,
unfair labour practices, or other labour relations matters.
b) Notice of Hearing:
Once an application is filed, the BCLRB issues a notice of hearing to all relevant parties. This
notice includes details such as the date, time, and location of the hearing, as well as any specific
requirements for document submission.
c) Preliminary Procedures and Pre-Hearing Conferences (Optional):
The BCLRB may conduct preliminary procedures or pre-hearing conferences to discuss
procedural matters, identify key issues, and encourage settlement discussions between the
parties.
d) Mediation (Optional):
The BCLRB may offer mediation services to facilitate voluntary settlement discussions between
the parties before proceeding to a formal hearing. Mediation involves a neutral third party
assisting in finding common ground.
e) Hearing Proceedings:
Formal hearings take place on the scheduled date. During the hearing, parties present evidence,
call witnesses, make legal arguments, and engage in cross-examination. The BCLRB members,
including the Chairperson and Vice-Chairpersons, preside over the hearing.
f) Deliberation and Decision-Making:
After the conclusion of the hearing, the BCLRB members deliberate on the evidence and legal
arguments presented. The board reaches a decision, which is communicated in a written decision
that includes reasons for the outcome.
g) Issuing Decisions and Orders:
The BCLRB issues written decisions that outline its findings, legal reasoning, and any orders or
directions for compliance. These decisions are provided to the parties involved and may be
made publicly available.
h) Publication of Decisions:
Decisions of the BCLRB may be published on its official website or in other public forums,
contributing to transparency and allowing stakeholders to access information on labour relations
matters.
i) Appeals Process:
Parties dissatisfied with BCLRB decisions may have the right to appeal to higher courts. The
appeals process involves a review of the BCLRB's decision to ensure it aligns with legal
 principles.
j) Monitoring and Enforcement:
The BCLRB monitors the implementation of its decisions and orders to ensure compliance. If
necessary, it may take further action to enforce its decisions.
Throughout this process, the BCLRB operates in accordance with the principles of procedural
fairness, transparency, and the applicable laws and regulations governing labour relations in British
Columbia. It plays a critical role in overseeing and regulating labour relations to promote stability and
fairness in the workplace.
Hearing Process:
The BCLRB holds hearings to address certification applications, disputes related to unfair labor
practices, and grievances. The hearing process involves the presentation of evidence, cross-
examination of witnesses, and legal submissions, with decisions grounded in the facts and relevant
legal provisions.
Case Study
In the case of British Columbia v. B.C. Crown Counsel Assn., 2019 BCCAAA No. 123, Arbitrator
Ken Saunders addressed the employer's right to request medical evidence from an employee
attempting to return to work after a medical leave. The grievor, while willing to provide necessary
medical information, refused direct contact between the employer's rehabilitation committee and her
physicians. Arbitrator Saunders emphasized the employer's obligation to exhaust the least intrusive
means when seeking medical evidence and clarified that the right to manage does not automatically
grant direct access to an employee's physicians. The arbitrator found the employer's insistence on
direct contact unreasonable, holding that it failed to accommodate the grievor to the point of undue
hardship, particularly in light of the nature of the diagnosis issue. This case underscores the
importance of balancing the employer's right to seek medical information with the employee's right to
privacy in the accommodation process.
Comparative Analysis:
Jurisdiction: The FPSLREB operates nationally, ensuring uniformity in the application of federal
labor and employment laws, while the BCLRB's jurisdiction is confined to the provincial
landscape of British Columbia, allowing for a more localized focus.
Independence: Both boards maintain independence, a cornerstone for impartial decision-
 making. However, they report to different authorities, with the FPSLREB reporting to the
federal government and the BCLRB to the provincial government.
Expertise: The FPSLREB's expertise lies in federal labor relations and employment law, whereas
the BCLRB's specialization is in provincial labor issues, showcasing a distinction in the depth of
knowledge and focus.
Accessibility: The BCLRB's emphasis on user-friendly processes makes it more accessible for
those navigating labor-related complaints, potentially offering lessons for streamlining
processes within British Columbia.
Timeliness: Proximity to local issues grants the BCLRB the potential for more expeditious
dispute resolution, addressing the need for timely responses in labor matters. In contrast, the
FPSLREB may encounter more complex cases due to its national scope.
Conclusion:
The FPSLREB and the BCLRB stand as exemplary models of administrative boards, each uniquely
tailored to their specific jurisdictional mandates. The FPSLREB's expertise in federal labor relations and
its application across the extensive federal public sector provide valuable insights for the potential
expansion of the Employment and Assistance Appeal Tribunal in British Columbia. Simultaneously, the
BCLRB's localized focus, accessibility, and potential for timelier resolution offer valuable considerations
for refining the functions of the tribunal to address provincial labor relations effectively. The synthesis
of these diverse models will be crucial in informing any expansion or revision of administrative agency
functions in British Columbia, ensuring a nuanced and effective approach tailored to the province's
unique needs.
 References:
British Columbia Labour Relations Board (n.d.)
https://www.lrb.bc.ca/
British Columbia Labour Relations code (n.d.) RSBC 1996, c244
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96244_01
Federal Public Sector Labour Relations & Employment Board (n.d.)
https://www.fpslreb-crtespf.gc.ca/en/index.html
Federal Public Sector Labour Relations Act S.C. 2003, c. 22, s. 2
https://laws-lois.justice.gc.ca/eng/acts/p-33.3/FullText.html
Hamel v. Parks Canada Agency 2022 FPSLREB 61
https://decisions.fpslreb-crtespf.gc.ca/fpslreb-crtespf/d/en/item/520967/index.do
British Columbia v. B.C. Crown Counsel Assn., 2019 BCCAAA No. 123 (Saunders)
https://ropergreyell.com/resource/leading-labour-and-workplace-law-cases-of-2020/
Nastasi, L., Pressman, D., & Swaigen, J. (2020). Administrative Law: Principles and Advocacy (4th ed.).
Edmond.