Grievance Case Summary - G-391

The Grievor was working at the G8 Summit and was provided meals and accommodation at a temporary trailer camp. The Force rejected his travel claims for daily rates for meals and private accommodation. The Grievor brought a grievance, alleging that the accommodation and meal services were substandard and did not accommodate members working night shifts. There were no fans in the rooms, the rooms were cleaned only once in six days and there was excessive noise. He also said that he was not always provided with three meals a day. The Respondent argued that the manner in which the travel and meals were planned was justifiable under portions of the Treasury Board Travel Directive (April 1, 1993) ("TBTD") and the RCMP Travel Policy (chapter VI.I of the RCMP Administration Manual) ("AM VI.I"). The Level I Adjudicator denied the grievance. He relied on prior Committee recommendations (ERC 2200-02-016 to 23 (G-303 to G-310)) to argue that the member should have presented the grievance as soon as he knew about the accommodation and meal entitlements, at the time of joining instructions and advice given prior to the G8 exercise. The Grievor presented a Level II grievance.

The Committee found that the Level I Adjudicator erred in making rulings on timeliness without the parties being given the chance to be heard on that issue. In addition, the complaints that gave rise to the grievance did not arise until the l the Grievor was at the G8 Summit and therefore, the grievance was timely. On the matter of the Grievor's complaint about work shifts and schedules, the Committee made no comment because these are matters based on internal RCMP policy and are not referable to the Committee.

On the application of the TBTD and AM VI.I the Committee found that the unique challenges presented by the G8 Summit being held at a remote and environmentally sensitive location justified the requirement that the members stay in non-commercial accommodation. However, the Respondent had not refuted the allegations made by the Grievor regarding the substandard accommodation, and the Committee found that the Treasury Board standard of "comfortable and of good quality" had not been met. In addition, although the TBTD and AM VI.I are silent as to quality standards for meals provided, it is implicit that employees are entitled to three meals a day and in this case, the Respondent did not refute the allegation of the Grievor that the meal services provided did not meet the requirements of the policies.

The Committee recommended that the Commissioner allow the grievance, and acknowledge to the Grievor that the Force did not provide him with appropriate accommodation and meals. The Committee also noted that in other grievances related to the G8 Summit, some Grievors requested that the Commissioner order a review into the planning and decision making surrounding the accommodations and meal services for the event. If the Commissioner were to make such an order, it is recommended that the Grievor in this case be given an opportunity to participate and be heard.

The Commissioner of the RCMP decision, as summarized by his office, is as follows:

The Commissioner denied the grievance.

The Commissioner agreed with the Committee that the Level I Adjudicator did not act fairly by reaching a decision on the matter of timeliness of the grievance without first allowing the parties to make submissions on this issue. The Commissioner also agreed with the Committee that the grievance was presented within the time limit.

The Commissioner noted that the accommodation and meals supplied during the G8 Summit were designed to meet a specific operational need, while respecting the limited available land and the environment. Although it is possible that when performing their tasks some members, including the Grievor, were inconvenienced, the Grievor failed to establish that the accommodation and meal services he was provided failed to meet the applicable principles.

The Commissioner noted that grievors have the onus of establishing on a balance of probabilities that their grievance is well-founded. The Grievor did not provide basis to support his claim and therefore failed to meet his burden of persuasion. Accordingly, this part of his grievance was denied.

The Commissioner noted that it was unclear from the record whether the Grievor was claiming overtime because he did not have enough rest, or because he worked in excess of scheduled hours.

The Commissioner found that, in accordance with RCMP policy and the G8 Joining Instructions, the Grievor could have been compensated if his overtime claim reflected work performed in excess of scheduled hours. However, without copies of his overtime claim and home unit shift schedule in the grievance record, it was not possible to assess the Grievor's claim. The record showed that the Office for the Coordination of Grievances (OCG) sent two emails to the Grievor, requesting that he fax his overtime and expense claims. The absence of these documents in the record, notwithstanding the OCG's emails, suggested that the Grievor did not provide them to the OCG as requested. Considering the lack of information, the Commissioner found that the Grievor had failed to establish his claim for overtime. This part of his grievance was therefore denied as well.