Grievance Case Summary - G-241

The member submitted a grievance against a decision denying him compensation for his lieu time off (LTO) credits that he had been unable to take prior to leaving the Force. The Appropriate Officer had made the decision pursuant to Force policy which precluded a Division Staff Relations Representative (DSRR) from being monetarily compensated for overtime accumulated fulfilling DSRR functions. The Grievance Advisory Board (GAB) recommended that the grievance be denied, and the Level I adjudicator denied it.

On November 30, 1999, the ERC issued its findings and recommendations. The Committee found that the matter did not relate to any of the categories of grievances set out in section 36 of the RCMP Regulations, and that therefore it was not referable to the Committee. The only paragraph of section 36 that could possibly have been applicable was 36(a). The Committee noted the three requirements that must be met for a grievance to fit within paragraph 36(a) of the Regulations as follows: firstly, the matter raised must pertain to the interpretation of a government policy; secondly, the policy must apply to government departments; and, thirdly, the policy must also apply to members of the RCMP. In this case, the first and third requirements appeared to have been met but not the second requirement.

The Committee found that the government policy applicable to this matter was Treasury Board Minute 822297, dated February 9, 1995. While this Minute was a government policy, and it applied to members of the RCMP, it did not apply to any other government departments. As the grievance related to a policy that applied solely to the RCMP, it did not fit within paragraph 36(a) as it did not relate to a government policy that applied to government departments.

The Committee made no recommendation to the Commissioner on the merits of the grievance, as it found that it did not have the jurisdiction to do so.