Grievance Case Summary - G-255

The Grievor, stationed in an Isolated Post, contested a decision declaring him ineligible to receive an allowance for fuel and utilities expenses, which is available under certain conditions, through the Isolated Posts Directive (Directive). That decision was based on information received from Treasury Board Secretariat that while his Detachment was considered an isolated post under that directive, it did not meet the criterion for eligibility to that specific allowance. The Grievor's argument was that since another Detachment, which is located approximately 40 kilometres to the east of his Detachment, is eligible, his Detachment should also be eligible. Furthermore, the Grievor's Detachment is a "satellite" of this other Detachment.

The Grievance Advisory Board unanimously recommended that the grievance be denied and the Level I adjudicator agreed with that recommendation. He concluded that the Grievor had failed to demonstrate that he had been aggrieved by the decision.

On February 20, 2001, the ERC issued its findings and recommendations. The Committee found that there was some doubt as to whether the Level I grievance was submitted within the time permitted by the Act. However, since the Level I adjudicator had stated that he considered that the grievance had been submitted on time, the Committee decided not to disturb that finding. The Committee concluded that the Grievor had standing to submit his grievance as he was certainly aggrieved by the decision. The Committee pointed out that the fuel and utilities allowance is only available at certain isolated posts which experience abnormally high prices for fuel and utilities and it was determined that the Grievor's Detachment did not fall in that category. The Committee indicated that one criterion described in the Directive, which can be used to determine eligibility for the allowance is the location of the Grievor's "headquarters" and that expression is defined as "the isolated post to which the employee is assigned". The Committee found that there was no evidence which established that the Grievor was assigned to another Isolated Post rather than his own Detachment. The fact that the Grievor's Detachment was a "satellite" of the other was not relevant. Also, in the end, the Committee commented on whether or not the Directive should be modified to resolve the inequity that appeared to have been created by providing for a fuel and utilities allowance to be paid in the other Detachment, but none in the Grievor's Detachment. The Committee also stated that this issue was not one that could be resolved through the Force's grievance procedure because that decision was not one that was made by the Force.

On March 28, 2001, the Commissioner rendered his decision. His decision, as summarized by his office, is as follows:

The Acting Commissioner found that the Grievor received his copy of the decision being grieved ten days earlier than the date reported on the grievance presentation form, according to a handwritten notation on the Grievor's copy of the OIC FSSB's decision. Therefore, the grievance was submitted outside the 30-day time limit for submitting grievances at Level I. The grievance is denied.

The Acting Commissioner did, however, comment that the decision not to pay a fuel and utilities allowance to the member at the detachment was a decision that was not made in the administration of the affairs of the Force, and the Force had no authority to pay such an allowance.