Grievance Case Summary - G-642

The Grievors are civilian members (C/M) who were working at a division headquarters. In July 2005, there was a decision made that C/Ms working overtime would no longer be compensated for mileage and meals taken during their overtime. In September 2010, this decision was reversed, but there was no mention of meal reimbursement. As a result, the Grievors inquired whether they could claim compensation retroactively to 2005 for meals in respect of their overtime shifts. On the same day, the Grievors were informed that they could claim the benefit “if they were entitled to it”. On November 25, 2010, the Grievors were informed that their retroactive overtime mid-shift meal claims could not be approved as they did not have receipts in accordance with the Administration Manual II.4 Pay and Allowances, Appendix II-4-6 (Overtime Compensation). The Level I Adjudicator denied the grievance on the merits.

The ERC observed that five types of grievances are referable to the ERC, in accordance with subsections 36(a) to (e) of the Royal Canadian Mounted Police Regulations, 1988. It found that the present grievance did not fall within the scope of subsections 36(b), (c), (d), or (e), as those subsections all deal with subjects which are not at issue.

The other type of referable grievance, described in subsection 36(a) of the Regulations, involves matters relating to “the Force's interpretation and application of government policies that apply to government departments and that have been made to apply to members”. The ERC found that the present grievance also fell outside the ambit of subsection 36(a), as it was not based on the Force’s interpretation and application of a government policy made to apply to members. Rather, it was based on the Force’s interpretation and application of its Administrative Manual on pay and allowances, which is strictly an internal RCMP policy. As neither party referenced a comparable, or otherwise relevant authority which fell within subsection 36(a), the grievance was not referable.

The grievance is not referable to the ERC. As a result, the ERC does not have the legal authority to review the grievance or make a recommendation.

The ERC returned the file to the RCMP to be addressed by the responsible office(s) within the Force.