Grievance Case Summary - G-243

The member submitted a grievance concerning the manner of enforcing a disciplinary sanction imposed by an Adjudication Board, i.e., the forfeiture of ten days' pay. What the member is contesting, essentially, is the decision not to have treated the amount of the forfeiture as a reduction of his gross income. A question raised by this grievance is whether the Committee has the jurisdiction to consider it.

The only grievances that may be referred to the Committee are those prescribed by regulation, i.e., those that are listed in section 36 of the RCMP Regulations. In this case, it is clear that none of the categories described in paragraphs (c) to (e) of section 36 of the Regulations relates to this grievance. Paragraph (b) concerns stoppage of pay, which is an administrative measure taken in accordance with subsection 22(3) of the Act, and not forfeiture of pay, which is a disciplinary measure taken pursuant to subsection 45.12(3) of the Act. Thus, the Committee found that the grievance did not relate to the category described by paragraph 36 b) of the Regulations.

The question as to whether the grievance was part of the category described in paragraph 36 (a) of the Regulations was more difficult to determine. There are three requirements that must be met. First, the grievance must pertain to the interpretation of a government policy. Second, the policy must apply to government departments. Lastly, the government policy must be made to apply to the RCMP.

There is a government policy that covers the administration of penalties imposed by an RCMP adjudication board. It is found in section 80 of the Regulations. The section classes penalties imposed by adjudication boards in third place in the order in which they are deducted from the pay of a member. However, this policy concerns only the RCMP. Therefore it does not meet the second requirement set out above.

There is also a government policy concerning the administration of "financial penalties" within the public service, including the RCMP. It is stated in the chapter of the Treasury Board Manual entitled Recovery of amounts due the Crown. However, forfeitures of pay established under subsection 45.12(3) of the Act do not represent "financial penalties in lieu of suspensions" that are covered by the Treasury Board policy. First, section 80 of the Regulations addresses more directly and specifically the processing of a sanction imposed under section 45.12 of the Act. Further, an adjudication board does not have the power to impose a suspension as a disciplinary measure. Consequently, a forfeiture of pay is not an "added disciplinary option where it is considered preferable to suspension" within the meaning of the Treasury Board policy.

On December 16, 1999, the Committee found that it did not have jurisdiction to consider this grievance and declined to make a recommendation on the merits to the Commissioner.