Grievance Case Summary - G-398

The Grievor volunteered to work for the G8 Summit in Kanaskasis, Alberta. He believed that he was entitled to overtime, because he had been given insufficient notice of a shift rescheduling. He relied on an Divisional Document issued for the G8 Summit which stated that the home unit shift could be changed either by mutual agreement or by giving the member 72 hours notice. After being told that the site commander would not approve the overtime request, the Grievor entered his shift as ordered, and grieved the refusal. The Respondent argued that notice provisions did not apply to changes in the starting time of a shift following redeployment because the RCMP Policy on Work Schedules and Shifts (RCMP Administration Manual, chapter II.9 ("AM II.9")) and the RCMP Policy on Pay and Allowances (RCMP Administration Manual, chapter II.4 ("AM II.4") applied. A Grievance Advisory Board ("GAB") report stated that an error in process had taken place, and that the member should be compensated for overtime. The Level I Adjudicator found the Grievor lacked standing because there was no evidence of a signed overtime claim. The Grievor brought the grievance to Level II.

The Committee found that the Level I Adjudicator violated the duty to act fairly when he made a ruling on standing before the parties had a chance to be heard on this issue. The Grievor had standing because the oral refusal to approve the Grievor's request for overtime was a decision made in the administration of the affairs of the Force and there was no other redress mechanism.

On the merits, the Committee noted that section 22 of the RCMP Act states that Treasury Board establishes the pay and allowances of members. At the time of this grievance, the Treasury Board policy on overtime entitled Management of Overtime Policy required departments to "manage overtime in a way that will ensure that its use is kept to an appropriate minimum and its cost is justified". The Divisional Document set out specific rules for overtime for those redeployed to the G8 Summit and these would have priority over the AM II.4 and the AM II.9 that treated the same subjects. Where the Divisional Document was silent, applicable rules in the AM II.4 and the AM II.9. would apply. The Committee found that the Force did not give the Grievor proper notice of the rescheduling of his shift. The Divisional Document did not address the consequences for lack of adequate notice. AM.II.4, sections I.2.g. and h. provided options where rescheduling was made without consent and without proper notice. The file does not indicate which of the options the Grievor chose. It therefore lacks the information that would allow a determination as to whether the overtime claim was founded. The Committee also commented that the Grievor may have believed that without proper notice, the entire rescheduled shift could be claimed as overtime even when the amount of hours worked did not exceed those of the home shift. This interpretation would be contrary to TB policy's definition of overtime, as authorized time worked in excess of standard daily or weekly hours of work.

The Committee recommended that the Commissioner allow the grievance and that the Commissioner order that the file be returned to the proper authority so that the Grievor's claim of overtime can be considered with full information.

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

The Commissioner allowed the grievance.

The Commissioner agreed with the Committee that the Level I Adjudicator failed to act fairly when he did not provide the parties with the opportunity to present submissions, prior to reaching a decision on the issue of standing. The Commissioner also agreed that the Level I Adjudicator erred when he ruled that the Grievor did not have standing.

As for the merits of the grievance, the Commissioner agreed with the Committee that the Grievor was entitled to a 72-hour notice of the rescheduling of his shift, pursuant to a G8 Divisional Document that set out specific overtime rules for those deployed to the G8 Summit. As recommended by the Committee, the Commissioner directed the Respondent to consider the Grievor's overtime claim, once provided with the necessary information.