Grievance Case Summary - G-059

FACTS - RCMP dental care plan (DCP); mandatory participation; refusal to participate; deduction of premiums from Grievor's pay. ISSUES - Standing to grieve; Mandatory participation in DCP. DCP established. Mandatory participation. Grievor refuses to participate. Refusal not accepted by RCMP. Deducts premiums from Grievor's pay. Grievance.

On December 13, 1991,the ERC issued its findings and recommendations. The concept of sufficient interest for standing includes legal interest. Under s. 31 of the RCMP Act, legal interest arises if prejudice suffered. Here interest arises due to deductions from Grievor's pay. Grievor's interest is direct and personal; acquired and current. Commissioner's Standing Order AM II.7.C.3 provides for voluntary participation in DCP. Binding with respect to members. Not modified when DCP established. Grievor has refused to participate since establishment of DCP. Recommended grievance be allowed.

On July 30, 1992, the Commissioner rendered his decision. During relevant period Treasury Board had authority to set up Dental Plan, and mandatory participation justifiable. However during same period Commissioners' Standing Orders making such participation optional, and Force bound. Grievor chose not to participate; grievance allowed, premiums reimbursed.