# 2015-173 - Parking

Case Summary

F&R Date: 2015–09–10

The grievor was employed on full-time Class B Reserve Service at a Primary Reserve Canadian Forces Brigade Group (CBG) Headquarters (HQ) where she was also required to work one evening per week and one full weekend per month. She argued that it is unfair that she has to pay a monthly fee for General Parking at the CBG HQ when the lot is open to the public on evenings and weekends when she is required to work. At those times, all the spaces may be taken by non-paying customers and she is not guaranteed to find a spot.

As redress, she requested that the parking policy be reviewed and the CBG parking lot be classified as “Reserved”.

The Initial Authority (IA), the formation commander, denied the grievance on the basis that the designation of the parking lot as General Parking was appropriate. The IA did not issue formal direction on the evening and weekend parking availability but provided a copy of his decision to the parking authority and the Commanding Officer of the CBG HQ and encouraged dialogue.

The Committee noted that the CBG HQ parking lot was monitored during the normal weekday but not after 4:00 p.m. or on weekends when anyone can park at no cost, with no guaranteed spaces for the CBG HQ staff. The Committee considered that there were ways to ensure that parking was available on the evenings and weekends when the CBG HQ was open without monitoring every evening and weekend.

The Committee found it unacceptable that the grievor must pay for parking and yet not have her designated spot available on the evenings and weekends she is directed to work. The Committee also found that the paid parking is for those who hold parking passes and the parking authority must respond to their needs.

The Committee recommended that, should the grievor return to full-time service at the CBG HQ and pay for monthly parking, she be provided a reserved spot on the evenings and weekends she is required to work.

CDS Decision Summary

The Final Authority (FA), the Director Canadian Forces Grievance Authority, did not agree with the Committee's recommendation. The FA found firstly, the situation regarding the grievor's return to full-time service is hypothetical situation, and secondly, it would be treating the grievor's differently than parking customers. The FA wrote that should the grievor return to the CBG HQ and elect to once again become a parking customer, she will be subject to the parking lot policy in place at that time. The FA found that there is a suitable solution that meets the overall parking requirements of the unit and the public to control parking at the parking lot, particularly on busy nights.