Grievance Case Summary - G-214

A member was relocated and moved into RCMP-owned accommodations. Finding the rental rates excessive, he enquired as to their reasonableness. The RCMP responded that a lower rate could not be negotiated because the charges were set by the Canadian Mortgage and Housing Corporation. Two years later, the member requested a rental charge reduction as he had learned that the RCMP had used its discretion to lower rental charges in the case of four other members. The member's claim was denied. A year later, the member asked that his request for a charge reduction be reconsidered, believing that his situation had not been properly understood. The RCMP determined that the decision to deny the member's claim was appropriate and in compliance with the Living Accommodations Charges Directive (the "LACD"). The member submitted a grievance against this decision, reiterating his position that the main issue was the significant inequality in the application of the LACD and the resulting preferential treatment, given that other members had received a reduction in their rental charges.

The Level I adjudicator denied the grievance because it was untimely. He noted that the member's second request did not raise any new facts or evidence. The adjudicator found that the RCMP's response was not a separate decision which revitalized the member's right to grieve, but rather a confirmation of the initial decision.

On June 30, 1998, the ERC issued its findings and recommendations. The Committee examined the issue of time limits and noted that in some circumstances, where a member asks the RCMP to reconsider its initial decision, the new decision taken by the RCMP can become grievable in and of itself. In this case, however, the Committee concluded that the RCMP's response was not a separate grievable decision, but only a restatement of its initial decision. As the initial decision had been rendered almost two years before the grievance was presented, the Committee recommended that the grievance be denied because it was untimely.

On July 28, 1998, the Commissioner rendered his decision. He agreed with the Committee and denied the grievance.