Grievance Case Summary - G-327

At the RCMP's request, the Grievor agreed to suspend the review of a number of grievances she had filed. The purpose of this was to determine whether the Alternative Dispute Resolution (ADR) process could be used to come to an amiable solution. The Grievor requested however that she be represented by counsel at the ADR sessions and accordingly asked the RCMP to pay her legal fees. The RCMP refused on the grounds that a Treasury Board directive prohibits it from doing so. The Grievor claimed this was unfair since it was essential for her counsel to be present at the ADR sessions to ensure that her interests are fully defended. The grievance was dismissed at Level I on the grounds that the RCMP had no discretion in this regard and had to comply with the Treasury Board directive.

While there might have been valid reasons for the Grievor to be represented by counsel during the ADR process, she had to cover those costs herself. The Treasury Board directive is binding on the RCMP and no reasonable interpretation of this directive would allow for the conclusion that paying legal fees is authorized in a grievance procedure, including the ADR process.

The grievance should be dismissed.

The Commissioner agreed with the findings and recommendation of the Committee and denied the grievance.