# 2015-084 Pay and Benefits, Allowances and Benefits

Case Summary

F&R Date: 2015–04–30

The grievor challenges the decision not to designate his unit, 427 Special Operations Aviation Squadron (427 SOAS) as a designated unit for the purpose of Special Operations Allowance (SOA). The grievor argues that he is expected to maintain the same qualifications and degree of readiness, and is exposed to the same risks as his peers at other CANSOFCOM units but is not in receipt of the same benefits. The grievor notes that the Chain of Command has indicated during briefings and town hall sessions that the unit designation was forthcoming.

The IA stated that there was a Command Allowances review underway which would encompass a review of SOA. Until that review is complete, the IA was not prepared to respond to the grievance.

Compensation and Benefits Instructions (CBI) 205.385 is the governing policy for SOA. It requires that in order to be in receipt of the allowance, a member must be posted to a designated unit, be in a designated position, or be undergoing training for the purpose of SOA.

The Committee found that the grievor did not meet the conditions of the CBI and therefore was not eligible to be paid SOA and recommended that the grievance be denied.

Nonetheless, the Committee noted that the Chief of the Defence Staff (CDS) had previously decided on a similar grievance, in which he directed that a number of positions in 427 SOAS be designated and that a proposal be submitted to Treasury Board (TB) to designate 427 SOAS as a unit for the purpose of SOA. Upon investigation, the Committee learned that 34 positions had been designated but the submission was never made to TB to designate 427 SOAS. Therefore, the Committee found that the CDS should either:

• Reiterate to the Commander of CANSOFCOM and the Chief of Military Personnel his decision to expeditiously staff a TB submission to have 427 SOAS designated as a SOA unit; or
• Amend his previous direction to reflect the current reality and manage expectations, if in support of a new/different model.

FA Decision Summary

The CDS agreed with the Committee's recommendation that the grievance be denied. With regard to the Committee's suggestions that Comd CANSOFCOM and the Chief of Military Personnel be reiterated of the CDS' decision to expeditiously staff a TB submission to have 427 SOAS designated as a SOA unit, or to amend this explicit CDS direction to reflect the current reality and manage expectations, the current CDS was satisfied of the work on this matter in keeping with his predecessor's direction, although the outcome of that review is not yet known.