Grievance Case Summary - G-566
G-566
The Grievor’s supervisor temporarily assigned the Grievor to a differently classified position, promising that he would receive acting pay. The Grievor believed that the new position paid considerably more than his substantive position, and expected to receive acting pay. Compensation Services advised him that this was not the case. Later, his supervisor temporarily and retroactively transferred the Grievor to the differently classified position. The Grievor believed that this was done so that he would receive back pay and allowances associated with the new position. However, Compensation Services again advised that this was not the case. The Grievor presented a grievance because he felt that the decisions made and the explanations provided by Compensation Services were contrary to policy.
ERC Findings
The types of grievances that may be referred to the ERC are strictly limited to those set out in subsections 36(a) to (e) of the RCMP Regulations, 1988 (SOR/88-361). Subsections 36(b) to (e) refer to specific issues which do not arise in this grievance. Accordingly, the grievance would only be referable to the ERC if it is captured by subsection 36(a), that is, if the grievance relates to “the Force's interpretation and application of government policies that apply to government departments and that have been made to apply to members.”
In this case, the policies interpreted and applied by the parties and the Level I Adjudicator are internal RCMP authorities that apply only to Force members. Therefore, they are not government-wide policies, and the grievance is not referable to the ERC. As a result, the ERC found that it did not have the legal authority to review this grievance or to make any findings or recommendations.
ERC Recommendation dated October 29, 2014
The grievance is not referable to the ERC, and therefore the ERC does not have the legal authority to review the grievance or to make any findings or recommendations.
Commissioner of the RCMP Decision
The Commissioner agreed that the grievance was not referable to the ERC and sent the grievance to the appropriate Level II decision maker.