# 2021-218 Pay and benefits, Allowances and benefits

Case summary

F&R Date: 2021-12-07

The grievor claimed to be entitled to payment of monthly aircrew allowance (AIRCRA), in accordance with Compensation and Benefits Instructions (CBI) 205.32, upon posting to an operational training squadron (OTS).

The Initial Authority (IA) partially granted the grievance. The IA found that the grievor was posted to the OTS on basic training list (BTL) status and that all positions at the OTS were designated for the purpose of AIRCRA, including BTL positions. The IA concluded that the grievor, as an aircrew member, met the conditions for entitlement to AIRCRA (monthly) set out in CBI 205.32. However, the IA determined that the grievor did not meet the conditions for payment of interest as prescribed in CBI 203.29.

Subsequently, the IA advised the grievor that she was retracting her decision upon learning that the grievor was not considered to have occupied a designated position upon being posted to the BTL at the OTS. The IA reconsidered the grievance, making a new decision to deny the requested redress.

The Committee found that the IA did not have the authority to reconsider a grievance that had been previously determined. Furthermore, the Committee found that there was no provision in the Canadian Armed Forces grievance system authorizing the IA to rescind her decision and issue a new one. Nonetheless, as the grievance had been referred to the Committee and the Committee was mandated to review every grievance referred to it by the Chief of the Defence Staff, it proceeded with its review.  

The Committee found that CBI 205.32(3) identified three conditions for entitlement to AIRCRA (monthly). An aircrew member had to occupy a designated position, report for duty in the designated aircrew position and not be disentitled under CBI 205.29 (Environmental Allowances Matrix) or CBI 10.3.08 (Environmental Allowances).

The Committee found that the grievor, an aircrew member posted to the OTS BTL to continue flying training, was not posted to an accountable position at the unit nor did they fulfill the obligations associated with such a position in a designated unit. The Committee determined that the grievor's service did not meet all of the required conditions set out in CBI 205.32 for entitlement to payment of AIRCRA (monthly).  

The Committee recommended that the Final Authority not afford the grievor redress.