Grievance Case Summary - G-490

The Grievor, a regular member posted at CPIC was refused a daily Plain Clothes Allowance (PCA), when he worked two days in a month at a non-RCMP agency. As a CPIC auditor, he had to wear civilian clothes while performing CPIC functions at non-RCMP agencies. The Grievor was refused a daily PCA, as he had not worked five consecutive days or more in a month. That criteria had been established in a Treasury Board Minute and was reflected in the relevant RCMP Policy on Pay and Allowances (AM.II.4) and AM Bulletin 2242 but not in the CPIC Manual.

The Level I Adjudicator denied the grievance on the merits. She took the position that another Treasury Board Minute was the authority for granting a PCA on a daily basis, and included the requirement of five consecutive days or longer. She found that the RCMP could not overrule the provisions of the Treasury Board Minute.

Grievances that may be referred to the ERC are those set out in section 36 of the RCMP Regulations. Subsections (b) to (e) of that section refer to specific subjects that do not arise in this case. To be referable to the ERC, this grievance must fall within subsection (a) and be related to "the Force's interpretation and application of government policies that apply to government departments and that have been made to apply to members". The policies regarding the payment of a daily PCA are only applicable to the RCMP and not other government departments. While the Grievor also suggested that the refusal to pay a daily PCA criteria may be discriminatory against members performing their duties pursuant to the CPIC Manual, the ERC did not view this as a reference to the Canadian Charter of Rights and Freedoms and therefore, referable. Therefore, it was not referable to the ERC.

The ERC has not made a recommendation as it found that the grievance is not referable and therefore it does not have the authority to review it.

The Commissioner has rendered his decision in this matter, as summarized by his office:

In a decision dated November 29, 2012, Commissioner Robert W. Paulson agreed with the ERC that the subject-matter of the grievance did not meet the criteria set out at section 36 of the Royal Canadian Mounted Police Regulations, 1988, and therefore the grievance was not referable to the ERC. This also meant that the grievance could be adjudicated at Level II by a designated Level II Adjudicator rather than the Commissioner himself. Accordingly, the Commissioner referred the grievance to a designated Level II Adjudicator for a decision to be reached on the grievance.