Grievance Case Summary - G-125

FACTS - Periodic Medical Examination (PME); ISSUES - Standing; Employer's right to designate doctors; Promulgation of Commissioner' Standing Orders (CSOs). Grievor given notice that he is required to attend a PME with Force-designated doctor. Grievance. Argued that examination should be performed by a doctor of his choice. Numerous time extensions given while informal resolution attempted. Informal resolution failed. Grievor demanded additional time extension and documentation. Force did not respond; sent grievance to Level I adjudicator for decision on standing.

On October 20, 1994, the ERC issued its findings and recommendations. Level I Adjudicator apparently misunderstood standing issue: Grievor aggrieved because his personal rights are at stake. Process deficient at Level I because of incorrect approach on standing and because Force had failed to respond to grievor's request for time extension and additional documentation. For a number of reasons, however, not appropriate to send grievance back to Level I, e.g.: despite decision on standing, adjudicator had also addressed merits; grievor no longer requesting that matter be returned to Level I; grievor given full opportunity to make his case at Level II. On merits, grievor correct that Force requires statutory authority. However, CSO has force of law as delegated legislation and provides necessary statutory authority. Grievor did not make supported arguments that CSO outside Commissioner's authority or contrary to Charter. Regulations under Statutory Instruments Act exempt CSOs from requirement of examination by Privy Council Office and publication in Canada Gazette. Recommended to deny grievance.

On February 20, 1995, the Commissioner rendered his decision. Level I adjudicator breached principles of fairness and natural justice by not providing grievor adequate opportunity to make submissions. However, considering case has been going on for three years, further delays not justified and grievance dealt with on merits. Concluded that authority of a CSO comes from 2(2) and 21(2) of RCMP Act and agreed with ERC that CSO remains valid even if made under old RCMP Act, even if not published or approved by PCO (Justice). CSO has force of law. Grievance denied.