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Grievance Case Summary - G-009

G-009

FACTS - RCMP's dental insurance plan; mandatory participation; refusal to participate. ISSUES - Sufficient interest for a grievance. In 1987, RCMP establishes dental care plan; mandatory participation. In November 1987, Grievor announced refusal to participate in plan on the basis of Commissioner's Standing Order (CSO) AM II.7.C.3 which stipulated voluntary participation in all insurance plans except for disability insurance. Refusal not accepted by RCMP; member filed grievance.

On May 18, 1990, the ERC issued its findings and recommendations. Right to grieve not unconditional: there must be an interest in the matter grieved. Interest must be legal, not simply economic or moral. Record indicated no legal interest on the part of the Grievor; the Grievor did not take advantage of the opportunity provided to demonstrate interest. The simple act of not consenting and being in disagreement with mandatory participation in the dental care plan is not sufficient to establish the Grievor's interest. Grievor had in no way established he was aggrieved or inconvenienced and did not demonstrate that his legal rights had been affected. The grievance should therefore be rejected.

On July 24, 1990, the Commissioner rendered his decision. The Commissioner accepted the Committee's recommendation and the Chairman's rationale. Grievance denied.

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2022-07-07

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