Grievance Case Summary - G-393

The Grievor was working at the G8 Summit and deployed to a Department of National Defence (DND) Bush Camp. The Force rejected his overtime claim and a travel claim for allowances for meals and private accommodation. He presented a grievance well over thirty days from the time he encountered the substandard living conditions at the G8 Summit. The Grievor requested compensation related to substandard accommodation and meal services. 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"). He also submitted that the overtime was properly paid in accordance with the RCMP Overtime Policy. The Grievor stated that the tents did not afford suitable accommodation and the military rations were not acceptable. With regard to overtime, the Grievor noted that in the Bush Camp, he was not allowed to leave his work site, make personal calls, and was under the direction of management. The Level I Adjudicator denied the grievance. He found that the member should have presented the grievance at the time of receiving advance joining instructions. 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 occur until the Grievor was at the G8 Summit. He therefore exceeded the thirty-day time limit by waiting to present his grievance until after the rejection of his claims. The Committee recommends that the Commissioner extend the time under section 47.4 of the Act. The Grievor provided reasons for having submitted his grievance when he did, and the questions presented by the grievance are of broad importance to the RCMP.

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. The Grievor had not established that the Treasury Board standard of "comfortable and of good quality" accommodation had not been met. However, although the TBTD and the AM VI.I are silent as to quality standards for meals provided, the Committee found that it would be contrary to any minimum standard to provide no hot meals over a period of six days. Regarding overtime, the Committee found that the TB and RCMP overtime policies would not allow the Force to pay the Grievor as if he was working when he was on Standby Level I.

The Committee recommended that the Commissioner of the RCMP allow the grievance regarding the meal services and deny the portion of the grievance regarding refused overtime claims and substandard accommodation.

The Committee also recommended that the Commissioner acknowledge to the Grievor that the Force did not provide him with appropriate meal services in accordance with the TBTD and the AM VI.I. 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 accommodation 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 has rendered a decision in this matter, as summarized by his office:

The Commissioner denied the grievance.

After reviewing the matter in its entirety (both the timeliness issue and the merits of the grievance), it appeared to the Commissioner that the same facts relied upon by the Committee to recommend denying the grievance on the merits, also led to the conclusion that the grievance was not presented within the time limitation. Furthermore, the Commissioner was not inclined to extend the time limit for the presentation of the grievance, as recommended by the Committee. On the other hand, given the passage of time in this matter, the Commissioner did not believe it would be appropriate to send the file back to Level I for a redetermination of the timeliness issue. Considering the above, the Commissioner concluded that what was preferable and fair in the circumstances was for him to decide the grievance on its merits.

The Commissioner denied the Grievor's claim that the accommodations and meals provided at the G8 Summit were substandard. The Commissioner agreed with the Committee that the factors described by the Grievor would not lead a reasonable person to find that the living arrangements failed to meet the requirement of being comfortable and of good quality. As for the meals, the Commissioner found that the Grievor's statement that meals were "not acceptable" or "substandard", without providing any basis from which to support that claim, was insufficient for the Grievor to meet his burden of persuasion.

With respect to the Grievor's overtime claim, the Commissioner agreed with the Committee that it was unfounded. The Commissioner noted that the Grievor did not state or support by explanation that he worked during the time that he was on Standby Level I. The Grievor's arguments were solely based on the fact that he was not able to leave the camp. In this respect, the Commissioner agreed with the Committee Chair's statement that "[b]ecause of the unique circumstances of the G8 Summit, it was not possible to provide unfettered free time to the Grievor, and the Force recognized this fact when it decided that the Grievor would be on Standby Level I in the hours that he was not working".