Grievance Case Summary - G-395

The Grievor was working at the G8 Summit and deployed for period of that time 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 at the full composite amount, which would have included incidental expenses. The Grievor presented a grievance, alleging that he had no means to leave the camp and no leisure or unfettered time during his deployment. He also requested reimbursement for equipment that he had purchased and requested compensation related to substandard accommodation and meal services. Conditions at the camp described by the Grievor included sharing a small tent with no amenities with two other people, no running water, port-a-potties bathrooms, no climate controlled buildings, no provision of fresh food, and a lack of sleep due to the noise. He also stated that he had to purchase food as a result of the substandard meals provided and requested compensation for clothing purchases on the basis of the Canada Labour Code. 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 Administrative Manual) ("AM VI.I"); and that the overtime was paid in accordance with the RCMP Overtime Policy. The Level I Adjudicator denied the grievance and 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 G8 Summit itself. The Grievor presented his grievance within the thirty-day time period and although stamp-dated after that period, there is no indication that it was submitted outside the time frame.

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 Committee found that taking all the factors globally, the Grievor had not been provided with accommodation and meal services that met the minimum Treasury Board and RCMP standards. Financial compensation for substandard accommodation is not authorized under the TB and RCMP Directives or under the TB Policy on Ex Gratia Payments. However, the Grievor should be reimbursed for actual and reasonable expenses that he incurred as a result of substandard meal services. It was not simply a matter of personal preference that he was obligated to pay for food. In addition, if the Grievor has not received the incidental expense allowance, this should be referred back for calculation of the amount owing to the Grievor.

Regarding overtime, the Committee found that in this case the TB and RCMP overtime policies would not allow the Force to pay the Grievor as if he was working for any hours that he was on Standby Level I, even if he was confined to his lodgings and substandard accommodation. However, the Grievor argued that he was called upon to work during the periods that he was on Standby Level I and should be compensated for the time he worked in the hours that he was Standby Level I, even if over the pre-approved level of compensation. With regard to reimbursement for money spent on equipment and clothing, the Force was not obligated by the Canada Labour Code to provide them to the Grievor.

The Committee recommended that the grievance be allowed as it related to time worked while on Standby Level I and that the matter be referred to the authority to determine the amount owing. The Committee 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 and that he be reimbursed for actual and reasonable expenses. The Committee also recommended that financial compensation for the substandard accommodation is not authorized under the TBTD or the TB Policy on Claims and Ex Gratia Payments. However, if the Grievor has not received incidental expense allowances, the matter should be referred back to determine the amount owing.

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

The Commissioner allowed the grievance in part.

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 security 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 principles of the TBTD. Accordingly, this part of the grievance was denied.

The Grievor's overtime claim had two components, only one of which was allowed.

The Commissioner agreed with the Committee that the Grievor should have been paid for the hours he worked performing policing duties in excess of his scheduled 12-hours shifts. Accordingly, he allowed the grievance in part with respect to this claim, and directed that the matter be referred to the appropriate authority in order to determine the amount owed to the Grievor.

However, with respect to the Grievor's claim that he should be paid as if on continuous duty, because his free time was not unfettered and he could not leave the worksite, the Commissioner concurred with the Committee's conclusions and denied this claim.

The Commissioner agreed with the Committee's findings and denied this claim.