Grievance Case Summary - G-468

The Grievor travelled on a number of occasions as part of his duties as the Division Staff Relations Representative. Even though he had received written authorization for these trips, the authorization did not specify the means of transportation permitted. The Grievor used his personal vehicle for these trips. The RCMP denied his claim for reimbursement of expenses related to the use of his personal vehicle on the ground that he had been informed that he was required to use an RCMP vehicle.

The Grievor presented his grievance challenging the RCMP's refusal to reimburse the expenses related to the use of his personal vehicle. He asked that the RCMP provide him with the regulation under which other members were able to use RCMP vehicles during their annual leave.

A Grievance Advisory Board recommended that the Level I Adjudicator deny the grievance. The Level I Adjudicator denied the grievance, noting that under Chapter VI.I. of the Administration Manual (AM VI.I), employees are responsible for obtaining prior authorization for travel. He found that the Grievor had not received authorization to use his personal vehicle and that there were no substantiating exceptional circumstances.

The ERC found that the information requested by the Grievor was not relevant in this case, because it was unclear how it could be used to establish that it would have been less efficient to use an RCMP vehicle, as the Grievor claimed. Moreover, the issue of establishing which of the two means of transportation would have been more efficient was not a determining factor in this matter.

The ERC denied the Grievor's request for a hearing, noting that the Grievor could not submit information relevant to the grievance at a Level II hearing that could have been presented at Level I. Moreover, no issues, such as credibility of the parties, which may justify a hearing, were raised.

With regard to the merits of the grievance, the policies applicable in this case (AM VI.I and the Treasury Board Travel Directive) indicated that all travel should be pre-authorized in writing and specify the means of transportation to be used. Where use of a government vehicle is not possible, the employer can authorize the use of a personal or rental vehicle. Such authorization is given where it is more cost-effective and efficient to do so. The Grievor was not entitled to reimbursement for travel in his personal vehicle, because he did not obtain the required pre-authorization. Finally, if the Grievor had been entitled to the reimbursement, the minimum rate would have been applicable.

The ERC recommended that the grievance be denied.

The Grievor withdrew the grievance on August 27, 2009 before the Commissioner had an opportunity to render his decision.