Grievance Case Summary - G-081

G-081

FACTS - Language requirements; collective grievance. ISSUES - Standing. Staffing action. Language requirements CCC Priority I. Six members grieved language requirements. Sought BBB profile at Priority II.

On April 6, 1993, the ERC issued its findings and recommendations. Grievors did not meet requirements of s. 31(1) of RCMP Act; no evidence Grievors were personally and directly prejudiced by decision, act or omission challenged. Did not show, for example, that applied for position but rejected, or wished to apply but felt barred from doing so because of language requirements. Argument that aggrieved, because grievance concerned promotional opportunity and all RCMP members affected, correct on strictly hypothetical level. However, this is not what is contemplated by "aggrieved" requirement of 31(1): a member does not acquire right to grieve any decision in Force just by virtue of being member. Recommendation that grievance be denied.

On May 10, 1993, the Commissioner rendered his decision. Grievors failed to show how aggrieved. Grievance must fail on that issue regardless of ancillary issues. Grievance denied.

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