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ADMINISTRATION MANUAL

=illl:IABLEOFCONTENTS
11.38. GRIEVANCES- EFFECTIVE 2003-06-19

A. ORIGINATOR
B. REFERENCES
C. COMrviiSSIONER'S STANDING

ORDERS
D. POLICY
E. GENERAL

F. LIMITATIONPERIODS
1. Statutory Time Frames
2. Administrative Time Frames

3. Calculation of Time
G. PRESENTATIONREQUIREMENTS
1. General
2. Electronic Submissions
H. ACCESS TO INFORMATION

1. General
2. Disclosure Process
3. Review by Level I
I. PROCESSING OF GRIEVANCE

SUBrviiSSIONS

J. PHASE I- EARLY RESOLUTION
1. General
2. Review by Level I

3. Outcome Document
4. Preliminary and Collateral Issues
K PHASE II- EXCHANGE OF

WRITTEN SUBrviiSSSIONS
L. LEVEL II SUBMISSIONS

M. PHASE III- DECISIONS AT
LEVEL 1/LEVEL II

N. GRIEVANCEDOCUNIENTS
0. JUDICIAL REVIEW OF
GRIEVANCES
P. ABANDONED GRIEVANCE FILE

APPENDIX

SUBJECT

11-38-1 Grievance Referrals to the External
Review Committee
11-38-2 Non-Grievable Matters
11-38-3 Administrative Time Frames
Amended 2009-09-03

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11!38. GRIEVANCES- EFFECTIVE 2003-06-19
For Grievances prior to 2003-06-19,
the directives in II.20. will apply.
A. ORIGINATOR
A. 1. Professional Standards Unit, Professional Standards and External Reviews Directorate.
Amended 2005-09-30

B. REFERENCES

C. COMMISSIONER'S STANDING ORDERS
Ottawa, June 4, 2003
COMMISSIONER'S STANDING ORDERS (GRIEVANCES)

Interpretation
1. The following definitions apply in these Standing Orders.
"Act" means the Royal Canadian Mounted Police Act. (Loi)
"grievor" means a member who presents a grievance under section 31 of the Act. (reqwirant)
"level I" means the initial level in the grievance process for grievances presented under section 31 of the
Act. (niveau I)
"level II" means the final level in the grievance process referred to in subsection 32(1) of the Act.
(niveau II)
"office for the coordination of grievances" means the office of the Royal Canadian Mounted Police that
is responsible for administrative matters relating to grievances presented under Part III of the Act.
(bureau de coordination des griefs)
"respondent" means the person who made the decision, act or omission that is the subject of a
grievance. (r<ipondant)
"senior manager" means a member, other than an officer, who is at the senior management or executive
level. (cadre superieur)

Levell
2. (1) The member who constitutes level I is
(a) in the case of a grievance in respect of a stoppage of pay and allowances under
section 2 of the R. C.M.P. Stoppage ofPay and Allowances Regulations, a Deputy

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Commissioner;
(b) in the case of a grievance in respect of a decision, act or omission made by a Deputy
Commissioner, another Deputy Commissioner designated by the Commissioner;
(c) in the case of a grievance in respect of a decision, act or omission made in a region,
other than a grievance referred to in paragraphs (.!!} or@, an officer or a senior manager for
that region designated by the Commissioner;
(d) in the case of a grievance in respect of a decision, act or omission made in headquarters,
other than a grievance referred to in paragraphs (.!!} or@, an officer or a senior manager
designated by the Commissioner for headquarters; and
(e) in any other case, an officer or a senior manager designated by the Commissioner.
(2) If the member who constitutes level I under subsection ill is unable to act, the member
who constitutes level I is the officer or senior manager designated by the Commissioner to act
in the place of that member.

Presentation of Grievances
Content
3. A grievance presented under section 31 of the Act shall contain the following information:
(a) the grievor's name and employee number;
(b) the decision, act or omission that is being grieved;
(c) the prejudice the grievor claims to have suffered as a result of the decision, act or
OffilSSlOll;

(d) the corrective action requested; and
(e) the date on which the grievor learned of the decision, act or omission.

Collective Grievance
4. Two or more members who are aggrieved by a decision, act or omission may present a
collective grievance.

Representation
5. A grievor or respondent who authorizes a person to represent or assist them in a
grievance shall notify the other party and the office for the coordination of grievances in writing.

Presentation
6. (1) For the purpose of subsection 31(2) of the Act, a grievor presents a grievance by
providing it to the office for the coordination of grievances or to the grievor's supervisor.

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(2) A supervisor who is presented with a grievance shall forward it to the office for the
coordination of grievances without delay.
(3) The office for the coordination of grievances shall provide a copy of the grievance to the
respondent.

Providing Documents
7. (1) A grievor or respondent provides a document to level I or II by providing it to the
office for the coordination of grievances.
(2) On receipt of the document, the office for the coordination of grievances shall provide a
copy to the other party.

Access to Information
8. The right of access to written or documentary information under subsection 31( 4) of the
Act does not extend to information the disclosure of which could reasonably be expected to be
injurious to
(a) the defence of Canada or any state allied or associated with Canada, as defined in subsection 15(2) of the Access to Information Act, or the detection, prevention or suppression
of subversive or hostile activities, as defined in that subsection; or
(b) law enforcement.

Early Resolution
9. ( 1) After receipt of a grievance, the respondent shall contact the grievor and initiate a
discussion, oral or written, of the grievance.
(2) In discussing a grievance,
(a) the respondent shall explain the reasons for the decision, act or omission that is the
subject of the grievance;
(b) the grievor shall explain how he or she is aggrieved; and
(c) the parties shall consider if there are any mutually acceptable terms for resolving the
grievance without a decision by level I.
(3) Any discussion by the parties of terms for resolving the grievance is without prejudice to
them in the grievance procedure.
10. After the parties have discussed the grievance, they shall provide to level I
(a) a copy of their agreement, if the parties have reached an agreement to resolve the
grievance in which the grievor undertakes to withdraw the grievance;
(b) a list of the agreed upon and disputed facts or issues relative to the grievance, if the
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parties have not reached an agreement to resolve the grievance but agree on facts or issues
relevant to the grievance; or
(c) the declaration of each party that they have complied with their obligations under subsections 2Q} and ill but have not reached an agreement, if the parties have not reached an
agreement to resolve the grievance and do not agree on facts or issues relevant to the
gnevance.
11. Unless the parties consent to their application, sections 2 and 10 do not apply to
grievances in respect of a stoppage of pay and allowances under section 2 of the R. C.M.P.
Stoppage ofPay and Allowances Regulations or an administrative discharge under
paragraph 19(a). (£),ill or ill of the Royal Canadian Mounted Police Regulations, 1988.

Written Submissions
12. (1) The parties may each provide a written submission in respect of the grievance to the
level at which the grievance is presented.
(2) The grievor may provide a written response to a submission made by the respondent.
(3) A party shall not present evidence to level II that was not presented to level I unless the
evidence could not reasonably have been known by the party at the time the grievance was
considered by level I.

Consideration of Grievance
13. The level considering a grievance shall decide all matters relating to it, including the
level's jurisdiction to consider the grievance.
14. If two or more grievances are made in respect of decisions, acts or omissions that are
substantially similar, the level considering the grievances may make a decision that applies to
each of the grievances.
15. (1) The level considering a grievance may, on notice to the parties, request documentation relevant to the grievance from any person.
(2) The level shall provide to the parties a copy of the documentation received, and advise
them that they may each provide a written submission on the documentation.
16. The level considering a grievance may render a decision as to the disposition of the
grievance in the absence of the submissions, response or comments of a party or the parties if
reasonable notice has been provided to them.
17. (1) If the level considering the grievance determines that they have jurisdiction over the
grievance under subsections llill and ill of the Act, the level shall determine if the decision,
act or omission that is the subject of the grievance is consistent with applicable legislation and
Royal Canadian Mounted Police and Treasury Board policies.
(2) If the level considering the grievance determines that the decision, act or omission is not
consistent with applicable legislation or Royal Canadian Mounted Police or Treasury Board
policies, and that it has caused a prejudice to the grievor, the level shall determine what cor-

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rective action is appropriate in the circumstances.
18. (1) Level II shall return a grievance to level I for reconsideration if
(a) the level receives evidence that could have resulted in a different decision by level I if the
evidence had been presented at that level; or
(b) level I erred in determining that it did not have jurisdiction over the grievance.
(2) Subsection ill does not apply to grievances that are referred to the Committee under
section 33 of the Act.

Withdrawal of Grievance
19. A grievor may withdraw a grievance by providing notice in writing to the level considering the grievance.

Transitional
20. Every grievance presented under section 31 of the Act that is pending immediately
before the coming into force of these Standing Orders shall be continued under the Commissioner's Standing Orders (Grievances), 1990.

Repeal
21. The Commissioner's Standing Orders (Grievances), 19901, are repealed.

Coming into Force
22. These Standing Orders come into force 15 days after their date of publication in the
Canada Gazette.

1soR/90-117
New Chapter 2003-06-19

D. POLICY

D. 1. A member is entitled to present a grievance in writing at each of the two levels of the
gr1evance process:
D. 1. a. Level I- Each region and National Headquarters have been assigned one or more
officers/senior managers to act as level I for the purpose ofC.2.(l)(c) and (Ql For
the purpose ofC.2.(l)(b) and W, the Commissioner will designate a level I on a
case-by-case basis. Case-by-case designations will be coordinated by National
Headquarters, Professional Standards Unit.
D. 1. b. Level II- For grievances that are referable to the External Review Committee
(the Committee), the level II is the Commissioner. For all other grievances, level
II is an officer/senior manager designated by the Commissioner.
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D. 2. In each region, the Office for the Coordination of Grievances (OCG) will be
responsible for the administration of the grievance files. For the timely resolution of
grievances, the OCG case managers, will ensure that grievance files are administered
according to directives and applicable time frames.
D. 2. a. Grievance analyst positions have been created to assist level I in each region and
National Headquarters in conducting research and analyzing grievances.
D. 3. The OCG is responsible for the administration ofthe grievances of members who are
posted in the OCG's region. Grievances of members posted outside of Canada or
working outside of Canada on an international peace operation will be administered
by the OCG, Central Region. Where warranted, the responsibility for administration
of a specific grievance may be changed to another OCG. For contacts, see the list of
grievance-related personnel on the Office of Professional Integrity Infoweb page.
D. 4. There are three types of issues that are normally addressed during a grievance:
D. 4. a. Preliminary issues deal with the standing of a grievance and limitation periods
pursuant to Subsections Rill and Q}, RCMP Act.
D. 4. b. Collateral issues are matters concerning the processing of the grievance or more
generally, the grievance process, e.g. relevance of or release of material, identification
of the respondent, directives provided on a grievance by any person other than a
level I such as a request for extension being denied by the OCG.
D. 4. c. Substantive issues are the core matters debated in the grievance.
D. 5. If disagreements arise concerning preliminary or collateral issues which cannot be
resolved amongst the parties and the OCG, they will be decided by level I or II before
the level renders a decision on the substantives issues of the grievance. These disagreements cannot create a new grievance.
D. 5. a. Parties will be given an opportunity to present their positions in writing before a
decision is rendered.
D. 5. b. Agreements between the parties on preliminary issues are not binding on the level
seized with a grievance -the levels must satisfy themselves that they have jurisdiction.
Level I or II may deny a grievance if the level rules that a particular preliminary issue
is lacking.
Amended 2011-04-28

D. 6. Form 3081 is the approved form to be used by a grievor to initiate the grievance
process.
D. 7. There are three distinct phases to the grievance process:
D. 7. a. Phase I - Early Resolution;

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D. 7. b. Phase II - Exchange of written submissions between the grievor and respondent;
and
D. 7. c. Phase III- Decision by level I or level II. Phase III includes decisions on preliminary, collateral and substantive issues of a grievance. The Committee findings and
recommendations, where applicable, are also included in Phase III.
D. 8. Both the grievor and the respondent will be provided a copy of all documents to be
considered by level I or level II.
D. 9. The Commissioner has delegated the authority to refer a grievance to the Committee as
outlined in Subsection li.Q), RCMP Act, and the authority to provide the Committee
with the material required as outlined in Subsection 33.(3). RCMP Act, to the Member
IC, OCG.
D. 9. a. Grievance files will be referred to the Committee when the following criteria are met:
1. level I rendered a decision on the file that disposed of the grievance;
2. the grievor has presented the grievance to level II; and
3. the Member IC, OCG has established that the matter being grieved is referable
in accordance with Subsection 33.( 4), RCMP Act and Section 36., RCMP
Regulations.
D. 9. b. Grievances that can be referred to the Committee are outlined in App. II-38-1.
D. 9. c. In accordance with Subsection 33.(2), RCMP Act, a grievor can request his/her file
to be exempted from going to the Committee. The Commissioner will grant or deny
the grievor's request for an exemption.
D. 10. Only those decisions, acts or omissions made in the administration of the affairs of
RCMP for which no other process for redress is provided under the RCMP Act,
Regulations or Commissioner's Standing Orders, are receivable under the grievance
process. Some of the matters that are outside the scope of Section l.L, RCMP Act,
are outlined in App. II-38-2.
D. 10. a. If a discrepancy occurs concerning the receivability of an item outlined in Aim.
II-38-2 precedence will be given to legislation, the RCMP Act and Regulations,
and Commissioner's Standing Orders.
D. 11. Only the grievor can request a review of level I decisions to level II but only after the
file has been disposed of at level I.
D. 12. The grievor and respondent must not contact level I or II directly. The OCG will
coodinate all enquiries and submissions.
D. 13. In accordance with the Subsection ll.Jj), RCMP Act, a grievor will not be penalized
nor be the subject of reprisal for presenting a grievance.
D. 14. The grievor is entitled to confidentiality on all matters and aspects of a grievance.

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D. 15. A grievance may be submitted and processed in the grievor's choice of official
languages.
D. 16. Time limitations or time frames are established to guide the parties through the
gnevance process.
D. 16. a. Statutory time limits are based in law (Subsection lLQ}, RCMP Act).
D. 16. b. Administrative time frames are established by policy to provide for the timely
resolution of grievances.
D. 16. c. Both of the time limitations can be enforced and extended but the consequences for
failing to comply with them are guided by distinct processes. See F.
D. 17. If a member, who is not an officer/officer equivalent, grieves his/her lateral transfer, the
decision to transfer that member is stayed pending the outcome of the grievance. See
CMM 3.C.l.o.
D. 18. If a member grieves his/her administrative discharge for reason of physical or mental
disability, the promotion of economy and efficiency in the RCMP, abandonment of
post or irregular appointment, as outlined in Subsections 19.(a). (8, ill or ill, RCMP
Regulations, the decision will be stayed pursuant to Section 26., RCMP Regulations.
D. 18. a. If the grievance is pursuant to an administrative discharge outlined in Subsections
19.(a). ill or ill, RCMP Regulations, the grievor is entitled to the assistance of a
member representative, as outlined in Section 1 of the Commissioner's Standing
Order on Representation. See App. X-3-4.
D. 19. Harassment complaints will be brought to the attention of the appropriate authority within
each region and be dealt with in accordance with XII.l7.
D. 19. a. Should a member decide to file a grievance instead of, or in addition to, a harassment
complaint, he/she must have sufficient evidence to allow level I to rule on the merit.
D. 19. b. If the record is incomplete or insufficient, the level may request additional information
as outlined in C.l5.
Amended 2006-11-01

E. GENERAL

E. 1. Several electronic documents are available on the Info Web, Professional
Standards Unit Grievances site to guide parties involved in the grievance process:
E. 1. a. Role and Responsibilities of the Grievor,
E. 1. b. Role and Responsibilities of the Respondent,
E. 1. c. Role and Responsibilities of the OCG case managers,

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E. 1. d. Role and Responsibilities of level I and II,
E. 1. e. Standing and Statutory Time Limits, and
E. 1. f. List of OCG contacts and other personnel involved in the grievance process.
E. 2. The term level I refers to the initial level of the grievance process and the member in
the position of level I. The term level II refers to the final level of the grievance
process and the level II decision maker.
E. 3. The term "parties" refers to the grievor and the respondent.
Amended 2005-09-30

F. LIMITATION PERIODS

F. 1. Statutory Time Frames
F. 1. a. At level I, the grievor must present form 3081 to the OCG or to the grievor's supervisor within 30 days, calculated from the time the grievor knew or reasonably ought
to have known of the matter aggrieving him/her.
F. 1. b. To request a review by level II, the grievor must present form 3081 to the OCG
or the grievor's supervisor within 14 days, calculated from the date of service of the
level I decision.
F. 1. c. The onus is on the grievor to ensure that the time limits are met. Failure to meet the
statutory time limits will result in the denial of the grievance by level I or II without
regard to the substantive issues of the grievance.
F. 1. d. Pursuant to Section 47.4(1). RCMP Act, the Commissioner may allow the statutory
time limits to be extended when there are circumstances to justify an extension. This
authority has been delegated to the level seized with the grievance: level I for an
extension to Section 31.(2)(a), RCMP Act and level II for an extension to Section
31.(2)(b), RCMP Act.
1. The grievor will forward the extension request including the justification to the
OCG, who will forward it to level I or II for a decision.
2. The statutory time limit will not be stayed pending the decision.
3. A decision on a statutory time limit extension application must be done on a
priority basis.
4. If an extension is granted, it must be noted on the grievance file.
F. 1. e. To satisfy the 30-day limit for presentation to level I, the grievor must provide
the information requested under C.3. by completing Sections 1 and 2 of form 3081
and submitting it to the OCG or the grievor's supervisor.

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F. 1. f. To satisfy the 14-day limit for presentation to level II, the grievor need only check the
appropriate box in Section 3 of form 3081 and present it to the OCG or the grievor's
supervisor. See Section L.
New Chapter 2003-06-19

F. 2. Administrative Time Frames
F. 2. a. General
1. The OCG case manager will ensure that both parties are aware of the various
applicable time frames and the possible consequences of not complying with them.

2. Administrative time frames are outlined in App. II-38-3.
F. 2. b. Extension of Time

1. The grievor and respondent may request an extension to the administrative time
frame; however, the request must be done promptly before the deadline in
question. The request must include the justification and the extension required.
2. The OCG case manager may grant , deny or modify a request to extend the
administrative time frame.
1. The case manager must give priority to processing a request for extension.

2. Once a request has been presented to the OCG, the initial time frame is put
in abeyance.
3. If an extension is granted, the case manager must notify both parties of the
extension and monitor the new time frame.
4. If an extension is refused, the case manager must notify both parties and direct
that the original time frame be respected.
3. The following are some reasonable grounds for extensions: a party being ODS;
prior operational commitments; joint requests made by both grievor and respondent; or other unforeseen and exceptional circumstances.
4. The OCG's refusal to extend a time frame must include justification and be provided to the party in writing. The refusal to provide an extension may be reviewed
as a collateral issue by the level seized with the grievance.
5. Once the level seized with the grievance has rendered the decision, the grievance will be pursued according to the directives received.
F. 2. c. Review of Denied Time Extension
1. A party can seek a decision on a denied extension; however, this must be

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requested prior to the expiry of the applicable administrative time frame.
1. This request will contain the party's original request for extension and the
OCG's written refusal.

2. Upon receipt of this request, the OCG will suspend the running time frame and
forward the package to the level seized with the grievance.
2. Priority must be given to files requiring a decision following a denied administrative
time extension.
3. Iflevel I or II agrees with the denial to extend the time frame, the leftover time to
the running time must be respected, or the file will proceed to the next step,
without the submission from the party in question.
4. Iflevel I or II overrules the denial of the extension, he/she will establish a new
time frame to be respected by the party.
EXAMPLE: The respondent has 14 days to make a submission on a grievance.
On day 10, the respondent requests a time extension which effectively stops the
clock. The request for extension is subsequently denied by OCG. The respondent
has four days to request a review by level I. The respondent provides a submission for level I to review on day 12 which stops the clock once again. Level I
denies the request for extension and confirms the OCG case manager's decision.
The respondent now has two days to make a submission.
Amended 2009-09-03

F. 3. Calculation of Time

F. 3. a. As a general rule, time periods will be prescribed in consecutive days, and when
computed, will exclude the first day and include the last day.
F. 3. b. Administrative time frames that have been stayed and then reactivated are driven
by the number of days remaining.
EXAMPLE: A 14-day time frame was stopped on day 10 once a request for a time
extension was received by the OCG. The OCG denies the extension on day 12. The
requesting party still has four days left to the running time frame.
F. 3. c. When an administrative or statutory time limit expires on a Saturday, Sunday, or a
statutory holiday, the time limit will be extended to the next day that is not a holiday.
G. PRESENTATION REQUIREMENTS
G. 1. General

G. 1. a. Depending on the means of transmission, a submission is presented as follows:
1. by fax, the date of the communication (machine-generated on transmission);

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2. by registered mail, the date put in the mail;
3. by regular mail, internal mail or hand delivery, the date received unless the mailing
date can be confirmed; and
NOTE: The date of presentation for a submission by regular or internal mail will
be the mailing date if the submission is accompanied by clear proof of the date it
was put in the mail, e.g. signature of the supervisor attesting the mailing date.
4. by E-mail, the date of communication (computer-generated on transmission).
G. 1. b. When it is not possible to submit directly to the OCG, the grievor may present the
grievance submission to his/her supervisor. Upon receipt of the grievance, the supervisor will date-stamp and initial the envelope containing the grievance application or
the grievance submission itself, and forward it promptly to the OCG along with the
necessary information to identify the person as the grievor's supervisor.
G. 2. Electronic Submissions
G. 2. a. If sent electronically, form 3081 must be accompanied by an electronic message
identifying the sender as the grievor. The grievor's E-mail address will replace the
signature on the form.
G. 2. b. The OCG will determine if an additional signature or confirmation of grievance originator is required.
G. 2. c. Form 3081 or any other submission forming part of the grievance that is electronically
transmitted must be printed and filed by the OCG on the grievance file before being
forwarded to the other party. When possible, the OCG should forward electronically received submissions, electronically to the other party.
G. 2. d. Until a grievance submission is assigned to a specific case manager, correspondence
should be sent to the OCG general Group Wise mail account or to the Member IC,
OCG. For a list of contacts, see E.l.f.
New Chapter 2003-06-19

H. ACCESS TO INFORMATION
H. 1. General
H. 1. a. In accordance with Section lL.(:!}, RCMP Act, a grievor will be given access to such
relevant material needed to present a grievance. During the early resolution phase
(see I.), parties of the grievance will discuss material needed by the grievor to support the substantive issues of the grievance. Relevant material issues must be settled
during the early resolution phase and before the submission of form 3081-1 to the
OCG. Before releasing any written/documented material, the respondent must
ensure that it is:
1. under RCMP control;

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2. reasonably required for the grievor to establish his/her case; and
3. relevant to the case.
H. 1. b. The respondent is responsible for providing to the grievor, access to the agreed-upon
and uncontested documents.
Amended 2009-09-03

H. 2. Disclosure Process
H. 2. a. The following process applies for obtaining/providing access to information or
documentation:
1. The respondent provides an explanation for the decision, the act or the omission being grieved.
2. The grievor, in attempting to establish his/her case, may request some documentation.
H. 2. b. The respondent is responsible to respond to this request by either providing the
material or objecting to its disclosure.
H. 2. c. The respondent must include, with his/her submission, all documentation concerning
the grievance, e.g. reference to CSOs, RCMP Act, policy, Treasury Board Minutes
and Directives, memorandum.
H. 2. d. Before sending the grievance package to level I and level II for a decision, OCG
must ensure the respondent complied with H.2.c.
Amended 2006-08-10

H. 3. Review by Level I

H. 3. a. Any disagreement/unresolved dispute between the parties over the disclosure of
information or documentation will be brought to level I who will make a decision
based on arguments from both parties.
H. 3. b. A request for a level I review must be coordinated through the OCG. See J.2.
H. 3. c. Iflevel I rules in favour of disclosing the information, it is the responsibility of the
respondent to provide access to that information.
H. 3. d. Third-party information may be disclosed if it is deemed relevant material as outlined
in H.l.a.
H. 3. e. Documents released under Sec.l.L.(:!}, RCMP Act, will be provided in their original
language.

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New Chapter 2003-06-19

I. PROCESSING OF GRIEVANCE SUBMISSIONS
I. 1. When form 3081 is received, the OCG will indicate the presentation date on the reserved
portion of the form. Each new grievance will be assigned to a case manager, entered on
HRMIS and assigned a file number.
I. 2. The OCG will review form 3081 for completeness. Where required information is missing or is unclear, the OCG will request that the grievor ensures the submission is complete.
I. 3. The OCG will contact the grievor to confirm the date the grievance was presented and
provide the assigned file number for subsequent correspondence.
I. 4. The OCG will send a copy of form 3081 to the respondent informing him/her of the date
the grievance was presented and the file number for subsequent correspondence.
I. 5. If the identity of the respondent cannot be determined, the OCG will seek clarification.
Any outstanding disagreement over the identity of the correct respondent should be
reviewed by level I for a decision.
I. 6. Once a respondent has received a copy of the grievance, he/she will inform his/her
CO/Director General, through channels, of his/her intended course of action. The OCG
will ensure that the respondent is aware that the identity of the grievor must be kept conD.l4.
fidential as outlined in - and -N.
I. 7. When receiving a collective grievance, OCG must advise each grievor who signed the
joint grievance that his/her individual rights are maintained throughout the grievance. All
contact between the OCG and the grievors will be coordinated by the named representative of all the grievors except the service of decisions from level I or II. Decisions from
level I or II that dispose of a grievance will be personally served on each grievor, as
provided under 47.2(1), RCMP Act.
I. 8. Review by level I: If there is obvious deviation from or lack of compliance with the
process, the OCG may request to have a file reviewed by level I who will make a
decision based on arguments from the parties. The OCG will advise the grievor and
respondent of the issue and allow both parties to make submissions within seven days
of notification. A rebuttal is not permitted on the each other's submissions, but, each
party's submission will be copied to the other.
I. 9. Presentation to level II: Upon receipt of the grievor's request for review at level II,
the OCG will record the presentation date on the reserved portion of form 3081.
I. 9. a. For the purpose of subsection 33.( 4), RCMP Act, the types of grievances
referable to the Committee are outlined in App. II-38-1. The subject of a grievance
presented at level II determines referability to the Committee.
I. 9. b. With respect to subsections ILQ} and 33.(3), RCMP Act, the Commissioner has
delegated his authority to the CHRO and the NCO IC of the OCG in each region.

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The OCG is responsible for identifying referable grievances under the RCMP
Regulations.
I. 9. c. Level I decision-makers do not have the mandate to determine if the subject of a
grievance is referable to the Committee.
I. 9. d. Should the grievor disagree with OCG's decision on referability, the issue will form
part of the grievor's submissions with a request that level II address the matter.
I. 10. In accordance with section 33.(2), RCMP Act, a member may request that the
grievance submission at level II not be sent to the Committee although the matter is
referable. This option is specified on form 3081 for presentation of the grievance at level
II.
I. 10. a. Section 33.(2) of the RCMP Act, represents a discretionary power and the decision
to agree to the member's request is entirely at the Commissioner's discretion.
I. 10. b. If the Commissioner denies the grievor's request, the grievance will be referred to the
Committee for review.
Amended 2006-08-10

J. PHASE I- EARLY RESOLUTION
J. 1. General
J. 1. a. Early resolution of the grievance process is aimed at resolving a grievance at the
lowest or earliest point in the process. During this phase, parties will discuss preliminary, collateral and the substantive issues with minimal involvement from the
level I.

1. The grievor and respondent will be permitted 45 days for early resolution.
2. The time frame for early resolution is subject to F.2.
3. The respondent is responsible to establish contact with the grievor.
4. The grievor and respondent may contact each other in person or by other means,
e.g. telephone, E-mail, video-conference. One-on-one direct discussions are
preferred.
J. 1. b. Assistance during Early Resolution: At any time during early resolution, the
OCG may intervene to offer assistance or make recommendation to level I to put
an end to this phase. The parties may request third-party assistance, e.g. trained
facilitator, mediator, an independent third person agreeable to both parties.

1. The OCG will coordinate the request for third-party assistance and work to
identify the appropriate resource.
2. Staff relations representatives may assist the parties in a grievance.

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J. 1. c. Without Prejudice: To ensure there is no prejudice during early resolution, the
position taken by either party will not be recorded on the grievance file nor used
by either party beyond Phase I. In the event the parties do not arrive at an agreement, the grievor and respondent are free to assert all rights which remain unaffected
by anything said or done during early resolution.
EXAMPLES:
1. The RCMP by mistake paid a plainclothes allowance to a non-eligible member.
When said member was told he would have to reimburse the amount, he presented
a grievance. During an Early Resolution (ER) discussion, the member admitted to
the respondent that he knew full well he was not entitled to the allowance, but felt
it was the RCMP's responsibility to detect the error. This admission by the
member cannot be used as an argument by the respondent in a subsequent phase
of the ER process since the discussion was held in an effort to resolve the
gr1evance.
2. A member presented a grievance because she was not selected for a lateral
transfer. During the Phase I discussion, the respondent admitted she was the
best candidate for the position, but had not been selected because the line officer
preferred another candidate. This admission by the respondent cannot be used
as an argument by the grievor in a subsequent phase of the ER process since the
discussion was held in an effort to resolve the grievance.
J. 1. d. In application of C.ll., a grievance may be exempt from early resolution unless both
parties agree to participate in early resolution. Nonetheless, issues pertaining to preliminary or collateral issues must be addressed before proceeding to Phase II, the
exchange of written submissions.
J. 1. e. Status Reports: At 15-day intervals, the respondent will provide to the OCG a
written brief (status report) on the progress of the early resolution. The briefs will
be kept on the grievance file. If the respondent fails to provide two consecutive
briefs, the OCG will report the matter to the respondent's supervisor. The content
of briefs should:
1. not contain any of the information covered by J.l.c.;

2. provide information on the nature of the discussions that have already taken place;
3. indicate whether or not actions required under C.9.(2) have already taken place;
4. indicate whether or not preliminary or collateral issues have been discussed; and
5. in the event no discussion has taken place, provide reasons.
Amended 2005-01-06

J. 2. Review by Level I

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J. 2. a. If either party wishes to have a level I decision on any preliminary or collateral issue,

the request must be coordinated by OCG. Both parties will have seven days simultaneously, to make a submission. They will be encouraged to continue their dialogue
and to submit a joint submission highlighting both perspectives.
J. 2. b. The OCG will temporarily suspend the running time on the early resolution phase

and forward the file to the level I for decision. Once the level I decision is provided
to the parties, the remaining early resolution time will continue, if applicable.
J. 3. Outcome Document
J. 3. a. In accordance with C.lO., form 3081 1 will be used as the Outcome document to

conclude early resolution.
J. 3. b. At the conclusion of Phase I, the parties must produce an outcome document. How-

ever this is not necessary if level I made a ruling that disposed of the grievance at that
level, or otherwise ruled an end to the early resolution and prompted the parties to the
next phase of exchanging written submissions.
1. A grievance could be disposed of by level I during early resolution if level I rules
that the grievor does not meet one of the preliminary requirements.
J. 3. c. In accordance with C.lO.(a), where the parties were successful in resolving a griev-

ance during early resolution, the outcome document will indicate any redress. If
redress has to be administered to conclude the grievance, the agreed redress must be
indicated on form 3081_1. The outcome document should be signed, dated and
forwarded to the OCG to put the file in abeyance until the redress has been administered.
1. Both parties are encouraged to produce and co-sign a joint outcome document.
2. Phase I is concluded on the date the outcome document is signed; however, the
grievance file remains active until the parties give notification that the matter has
been successfully resolved.
J. 3. d. In accordance with C.lO.(b), if the parties were partially successful in resolving some

issues during early resolution, the outcome document will provide a short summary of
each settled issue and each unresolved issue. Both parties are encouraged to produce
and co-sign a joint outcome document.
J. 3. e. In accordance with C.lO.(c), where the parties were not successful in resolving any

issues, the outcome document will provide their declaration that they have complied
with their obligations under C.9. and C.lO. Both parties are encouraged to produce
and co-sign one joint outcome document.
New Chapter 2003-06-19

J. 4. Preliminary and Collateral Issues
J. 4. a. Before leaving Phase I, preliminary and collateral issues must have been addressed

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in accordance with H.l.a.
J. 4. b. Disagreements concerning preliminary or collateral issues which cannot be resolved

between the grievor and the respondent must be decided by level I before initiating
Phase II.
Amended 2009-09-03

K. PHASE II- EXCHANGE OF WRITTEN SUBMISSIONS
K. 1. In accordance with C.l2., Phase II of the grievance process is the exchange of written
submissions. This phase allows both parties the opportunity to make written submissions to level I, while at the same time ensuring that each party is provided with a copy
of the other party's submissions.
K. 2. From the time OCG asks a grievor to provide his/her written submission, the grievor has
14 days to provide his/her written position to the OCG, along with any supporting documentation.
K. 3. From the time the respondent has been provided with the grievor's submission, the
respondent has 14 days to provide a written submission in support of his/her position
to the OCG, along with any supporting documentation.
K. 4. From the time the grievor has been provided with the respondent's submission, the
grievor has seven days to provide a rebuttal to the OCG. The rebuttal may not raise
any new facts or grounds unless they were not known at the time the grievor made
his/her submission.
K. 5. If the grievor fails to make a written submission as prescribed in K.2., the OCG may
use the grievor's original submission on form 3081 in lieu of the grievor's submission to
seek the respondent's submission.
K. 6. If the respondent fails to make a written submission as prescribed in K.3., the OCG will
forward the file to level I for decision without the respondent's submission.
K. 7. The time frames outlined in this section are subject to F.2.
K. 8. The OCG will forward the grievance package to level I with copies to both parties.
New Chapter 2003-06-19

L. LEVEL II SUBMISSIONS
L. 1. In accordance with C.l2., parties have the right to make submissions to level II.
L. 1. a. Any disagreement with level I review will form part of the submission at level II
and must not create a new submission at level I.
L. 2. Both parties will be prompted by the OCG to make submissions to level II after the
grievor has presented the grievance to level II, in accordance with F.l. b.

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L. 3. No new facts or grounds should be presented in the submissions to level II, unless they
were not known at the time the file was being processed by level I.
L. 4. From the time the OCG advises a grievor to provide his/her written submission, the

grievor has seven days to provide his/her written position to the OCG.
L. 5. From the time the respondent has been provided with the grievor's submission, the

respondent has seven days to provide a written submission in support of his/her position
to the OCG.
L. 6. From the time the grievor has been provided with the respondent's submission, the

grievor has seven days to provide a rebuttal to the OCG.
L. 7. If a grievor fails to make the written submission as outlined in L.4., the OCG may use

the grievor's original submission on form 3081 in lieu of the grievor's submission to seek
the respondent submission, as outlined in L.S.
L. 8. If a respondent fails to make a written submission as outlined in L.S., the OCG will
forward the file to level II for decision without the respondent's submission.
L. 9. The OCG will forward the entire grievance package to level II with copies to both par-

ties. If a grievance is referable to the Committee, see D.9.
Amended 2006-08-10

M. PHASE III - DECISIONS AT LEVEL I!LEVEL II
M. 1. In accordance with C.l5., the level I or II may seek additional documentation from any
person, including the grievor and the respondent.
M. 2. If the additional documentation needed to make a determination on the grievance file is
requested from the grievor or the respondent:
M. 2. a. Level I or II notifies the parties, through the OCG, of the requested information with
direction in terms of submissions and time frames.
M. 2. b. The information requested of the one party constitutes that party's submission as outlined in C.l5.(2).
M. 2. c. At the end of the time frame provided by the level I or II, the OCG will provide the
package to level I or II and a copy to each party.
M. 3. If the additional documentation needed to make a determination on the grievance file is
requested from any person other than the grievor or the respondent:
M. 3. a. Level I or II notifies the parties, through the OCG, of his/her intention to seek the
information;
M. 3. b. Once information has been gathered, level I or II gives direction to the OCG for
dissemination to the parties and time frames for parties to make their submissions,

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as outlined in C.l5.(2).
M. 3. c. At the end of the time frame provided by the level I or II, the OCG will provide the
package to the appropriate level and a copy to each party.
M. 4. Level I or II will make decisions based on the contents of the grievance file.
M. 5. Grievance decisions on grievance files that have been joined by level I or II, in accordance with C.l4., must respect the confidentiality of the grievor's personal information.
M. 6. At level I and II, grievance decisions disposing of the grievance at that level will be
personally served upon the grievor and forwarded to the respondent. Other decisions
rendered by level I or II do not require personal service.
M. 7. At level II, information from either party that constitutes new facts that could not have
been known during the processing of the file at level I and could have affected the
level I decision, will be returned to level I for reconsideration.
EXCEPTION: This provision does not apply to grievance files that are referred to
the Committee.
M. 8. If level II overturns a level I decision on a preliminary issue, the file will be returned for
reconsideration. The level II decision on the preliminary issue is binding on all parties
including the level I.
EXCEPTION: This provision does not apply to grievance files that are referred to
the Committee.
M. 8. a. The file will be returned to the phase where it was left, i.e. Phases I, II or III.
M. 9. If a level I or II who has been seized with a grievance file has grounds to believe that
his/her consideration of a grievance may give rise to a reasonable apprehension/
perception of bias, the level I or II will notify the Commissioner. The Commissioner
will designate another officer or senior manager to constitute the level I or II for the
gnevance.
M. 9. a. Requests for an alternate adjudicator will be coordinated through the OCG and
referred to National Headquarters, ATTN: Professional Standards and External
Review Directorate.
Amended 2005-09-30

N. GRIEVANCE DOCUMENTS

N. 1. The transmission and service of grievance documents must respect the confidentiality of
personal information. Grievance material will be placed on files opened for that purpose
only and no record of a grievance will appear on any other file. If any part of a grievance file must be referenced to another file, only a notation will be made to indicate the
governing conditions, without reference to the grievance itself.

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N. 2. Unless the grievor gives prior consent, information pertaining to the grievor cannot be
divulged without proper vetting or removal of personal information and references to the
grievor. Grievance submissions must be treated as protected information.
N. 3. Access to grievance files is limited to persons responsible for handling grievances and
other personnel on a need-to-know basis only.
N. 4. Transmission of grievance documents must be done promptly.
N. 5. Any grievance-related material should be identified or marked with the following:
Protected "A" (or above)
To Be Opened Only By: (grievor or respondent)
Personal
N. 6. Form 2257 will be used when service is required on a grievor. The form will be attached to the outside of the sealed envelope and will indicate the key documents/general
contents of the envelope.
N. 7. Personal service means the actual delivery to the person to be served and will be completed when the grievor receives any envelope containing grievance documents. Personal service can be done by the grievor's supervisor.
N. 7. a. Once the personal service is completed, form 2257 will be mailed or faxed to OCG.
N. 8. A grievor leaving on retirement or on extended leave of absence is responsible for
informing the OCG of his/her current location and mailing address so that he/she can be
served with the grievance material.
N. 9. In the process of obtaining a current address for the grievor, ensure the confidentiality
of the grievor is not jeopardized.
N. 10. If attempts to contact the grievor fail, the OCG will conclude the grievance file and
wait for the grievor to initiate communication.
0. JUDICIAL REVIEW OF GRIEVANCES
0. 1. Where a grievor has filed for judicial review of the level II grievance decision to the

Federal Court (see Subsection 18.1, Federal Courts Act), National Headquarters,
Professional Standards Unit will be advised of the application for monitoring purposes.
0. 2. The representative of the RCMP to receive the application of judicial review will provide

National Headquarters, Professional Standards Unit with a briefing note to keep the
policy center informed of the main contentious issues.
P. ABANDONED GRIEVANCE FILE

P. 1. A grievance file cannot be put on hold indeterminately.
P. 2. The case manager will request updates and supporting documentation about the status of
the situation which is delaying the grievance process.

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P. 3. If after repeated requests from the case manager, a member does not provide reasons for
not participating in the grievance process, the case manager will forward the file to level I
or II for disposition of the grievance in accordance with C.l6.
P. 4. The level seized with the grievance may send a final notice to the party before disposing
ofthe grievance.
Amended 2009-09-03

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 ADMIN. MANUAL
APPENDIX 11-38-1

[~~~~~~!~:::::::::!
Summary of Amendments

11!

GRIEVANCE REFERRALS TO THE EXTERNAL REVIEW COMMITTEE

1. For the purposes of Subsection 33.( 4), RCMP Act, the types of grievances that can be referred to the
External
Review Committee are outlined in Section 36., RCMP Regulations.
2. The following is an excerpt from a memorandum between former Commissioner N. Inkster and Rene
Marin,
President of the External Review Committee, dated 1989-09-29:
"The Force and the ERC, in order to further clarify what was meant by the wording of paragraph 36
(;0, agreed
that the following 17 items would be included within that meaning:
(1) classification of Civilian Member positions where the Public Service Classification Standards are
utilized;
(2) language profile of positions advertised in Job Opportunity Bulletins;
(3) RCMP Travel Directives;
( 4) Civilian Member Dental Plan;
(5) Foreign Services Directive;
(6) provision of counsel and the payment oflegal fees and disbursements;
(7) smoking in the workplace;
(8) Living Accommodation Charges Directive;
(9) Conflict of Interest;
(10) Secondary Employment for Civilian Members;
(11) harassment in the workplace;
(12) Occupational Health and Safety;
(13) parking charges;
(14) Charter of Rights and Freedom i.e. discrimination on the basis of age, religion, sex retirement age,
etc.;
(15) access to information based on the collection, use and release of information, i.e. personal
information is
released and member is penalized based on the information released;
(16) Incentive Awards Program; and
(17) claims against members by the Force in connection with the loss or damage to property owned,
leased, or
in the care and control of the Force."
3. Since the creation of this list, some items have been struck off because of changes in jurisdiction:
a. Item ill is no longer a matter that can be grieved since the enactment of the CSO on Classification
Redress
Process for Members, (App. X-3-24). The CSO provides a review for classification decisions.
b. Item Q12 has been struck from the list because this issue is now handled by the government, there

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no
decision/discretion by the RCMP.

4. The list of items outlined in this appendix are not meant to be all inclusive.
New Chapter 2003-06-19

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ADMIN. MANUAL
APPENDIX II-38-3

[~~~~~~!~:::::::::!
Summary of Amendments

11!

ADMINISTRATIVE TIME FRAMES

PHASE I: Early Resolution

I

PARTY

II

Grievor and
Respondent

II TIMEFRAME II CONSEQUENCE IF TIME NOT MET I
Discussion of preliminary. collateral and I
45 days
IOCG may seek guidance from Level I or
ACTION

substantive issues aimed at resolving a
grievance at the lowest possible level.

go into Phase II.

Grievor and
Respondent

If there is lack of compliance with the
process and OCG has requested review
by Level I. each party may prepare a
submission.

7 days rwming
simultaneously

OCG may send file to Level I for decision
without one or both parties' submissions.

Respondent

Submission of status reports on progress
of dialogue.

Every 15 days

If two consecutive status reports are not

Each party prepares arguments to refer
preliminary or collateral issues to the
adjudicator.

7 days rwming
simultaneously

OCG will send the file to Level I for
decision.

TIMEFRAME

CONSEQUENCE IF TIME NOT MET I

Grievor and
Respondent

provided. OCG will notify the
respondent's immediate supervisor.

PHASE II:

1. Exchange of Written Submissions- Level I

I

PARTY

IGrievor

II

I Written submission in support of
position.

14 days

OCG will send form 3081. in lieu of
submission, to the respondent.

Written submission in support of
position.

14 days

OCG will send the file to Level I for
decision without the respondent's
submission.

7 days

OCG will send the file to Level I for
decision without the grievor's rebuttal.

Respondent

IGrievor

ACTION

~~Rebuttal to respondent's reply.

2. Exchange of Written Submissions- Level II

I

PARTY

IGrievor
Respondent

IGrievor

II

ACTION

TIMEFRAME

CONSEQUENCE IF TIME NOT MET I

I Written submission for Level II.

7 days

OCG will start the time frame for the
respondent to provide his/her submission.

Written submission for Level II.

7 days

OCG will send the file to Level II for
decision without the respondent's
submission.

7 days

OCG will send the file to Level II for
decision without the grievor's rebuttal.

~~Rebuttal to respondent's reply.

New Chapter 2003-06-19

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2013-03-23

 AM App. II-38-3 --Administrative Time Frames

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A0056544_2-000030

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2013-03-23

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ROLE & RESPONSIBILITIES OF THE CASE MANAGER
Revised: September 18 ,2009

Important Note:
This document is part of a series of documents that have been created to support the grievance
process for members under Administration Manual- Part II-38.
This particular document is referred to in AM II-38, Subsection E. l.c. "Role and Responsibilities of
the OCG case managers".
It is no longer acceptable for grievors and managers to let the system deal with problems arising
from disputes in the workplace. The grievor, as does the grievance respondent, must take ownership
of the resolution process. This stems from the realization that although conflict can be a serious
problem, it can be a positive force if managed properly. Parties to the grievance must work together
to maintain and restore good working relationships so that each individual may resume meaningful
work in a productive environment.
The case manager is the foundation on which the grievance process moves forward in an effective
and efficient manner. The case manager facilitates the process toward a satisfactory resolution of the
grievance and, as such, is an invaluable resource for the grievor, respondent and Levels I and II. The
case manager is there to provide timely intervention when necessary and to direct the parties toward
resources that will facilitate an agreement. As an integral part of the dispute resolution process, the
case manager must be prepared to provide helpful direction to the parties and to administer the time
frames associated with each phase. Additionally, training is an essential portion of a case manager's
duties, within their own units and regions.

Grievance Presentation
The presentation of a grievance is governed by Part III of the RCMP Act, Part II of the Regulations,
Appendix X-3-25 of the Commissioner's Standing Orders (CSO) and Part II.38 of the
Administration Manual. To ensure that the grievance presentation is valid, the following
information must be contained on form 3081:
•
•
•
•

the
the
the
the

grievor's name and employee number;
decision, act or omission that is being grieved;
prejudice suffered by the
as a result of the decision, act or omission;
corrective action

•

the date on which the grievor knew or ought to have known of the decision, act or omission.

The grievor is also required to specify the name of the person whom he/she believes to be the
respondent. However, this information is not a requirement under the CSO. Should the identity
- 2of the respondent be uncertain, the case manager will assist in identifYing the respondent specific to

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the grievance. As per AM.II.38.I.5., any outstanding disagreement over the identity of the correct
respondent should be reviewed by level I for a decision.
As Phase I of the grievance process focuses on dialogue, no attachments to the 3081 are necessary;
the information contained on the form is sufficient to initiate the process.
Upon receipt of the 3081, the case manager will review the information contained therein to ensure
it is complete. After having reviewed the 3081 for completeness, the case manager will forward a
copy to the respondent and advise him/her of their responsibilities within the process.

PHASE I- EARLY RESOLUTION (ER)
In order to address and resolve disputes at the lowest possible level, the AM.II.38 grievance process
includes an Early Resolution (ER) component which is mandatory as per ss. 9 an 10 of the CSO's;
both the Grievor and the Respondent are accountable for their actions. The philosophy behind ER
borrows heavily from Interest Based Negotiation (IBN) practices. In IBN, disputing parties voice
their concerns and express their particular needs. They are encouraged to listen and talk, without
judgement, allowing the issues to be separated from the individual. Through this process, both
parties gain a greater sensitivity to each other's issues, which will then pave the way for making
decisions about how to move forward to resolution, a resolution that is fair, legal and satisfactory to
both parties.
Some types of grievances have been exempted from a mandatory participation in ER (See Section
11 of the CSO). Nevertheless, parties may still pursue the dialogue under ER if they both agree to
it. The case manager will ensure the parties are aware of this option. If they opt out of ER, the case
manager will ensure they address preliminary and collateral issues in respect of the grievance prior
to entering Phase II.
Should the respondent question the issue of standing and/or time limits, he/she will discuss it with
the grievor. Should the parties require a decision by Level I on either issue, the respondent will
advise the case manager who will coordinate the preparation of the file, including each party's
written submission with respect to the issue being raised.
Where one

wishes to refer an issue to Level I

or

for rulings temporarily suspend the prescribed time frame for ER; the process resumes
once both parties have been provided with the decision.
During this dialogue, the parties will explore the issues forming the grievance, attempt to find
common ground and resolve matters concerning relevant material and possible redress. As stated
earlier, the goal of the Early Resolution is to resolve the dispute to the satisfaction of both parties.
Failing that, the parties are expected to find common ground and reduce the number of outstanding
issues to a minimum.
The respondent is responsible for forwarding a status report to the case manager every 15 days as to

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the progress of the dialogue. It is the case manager's responsibility to review the updates and to
advise the I/C of the respondent in the event the respondent fails to submit two consecutive status
reports.
It should be noted that the status reports are the only documents to be communicated to the case
manager during Phase I. All discussions/emails exchanges between the grievor and respondent
during ER is without prejudice, and should not reach the case manager.

The parties are given 45 days to attempt a resolution of the grievance. The case manager allows or
denies requests for extensions within this phase. Any requests for time extensions must be received
by the case manager before the expiry of the time limit and must contain a justification as to why the
extension is required.
Based on specific circumstances, the case manager will determine if the parties are genuinely
attempting to resolve the issues and choose an appropriate level of intervention if necessary. If
necessary, the parties can request the assistance of a third party to assist in the discussions. The case
manager may, at any time, recommend to Level I to put an end to Phase I.

Relevant Material (collateral Issue)
Form 3081 does not include a request for relevant material. The goal of the grievance process is the
resolution of the dispute at the earliest possible phase with emphasis on meaningful interaction. The
ensuing dialogue between the parties will either resolve the conflict entirely or at least streamline the
issues. It is at that time that the grievor and respondent will discuss the relevant material, focusing

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only on the issues that remain unresolved.
Prior to the conclusion of the ER phase, the issues relating to relevant material, standing and time
limits will have been resolved, either through discussions between the parties or via a ruling by
Level I, and the parties will have completed the outcome document.

Outcome Document (Form 3081-1)
The ER phase can be concluded in one of three ways:
1 - Full agreement
•
•

All issues in the grievance have been resolved and the grievor withdraws the grievance as
result of the dialogue; or
where a redress has been agreed upon, the grievor and respondent complete the outcome
document. The grievor withdraws the grievance contingent upon the redress. The Case
m<tJ'Iil.gef•ma.'Jt•®l'l¢11.1ll~•t'ie••!lflexa.!'l¢~•!'ile.

2 - Partial agreement
•

The parties are not in total agreement, but have reduced the number of issues that remain
outstanding for adjudication. The parties complete the "partial" agreement portion of the
outcome document and prepare their final submissions.

3 - No agreement
•
•
•

The parties have attempted to resolve the grievance, but failed to do so. The parties complete
the "no" agreement portion of the outcome document and prepare their final submissions; or
Level I puts an end to ER and directs the parties to provide written submission; or
the grievance is one that is exempted from the ER phase.

In all cases, the case manager will provide the parties with further direction.

PHASE II - EXCHANGE OF WRITTEN SUBMISSIONS
In their ongoing efforts to resolve the dispute, the parties may find it necessary to move from ER into
a more structured phase where they begin an exchange of written submissions, keeping in mind that
the access to relevant material has been resolved by now. As both parties are entitled to see the
material that will be reviewed by Level I, the case manager will ensure that all written material be
shared between the parties before being presented to Level I (same applies if grievance is referred to
Level II)
The Respondent must include, with his/her submission, all documentation concerning the grievance,
e.g. reference to CSO's RCMP Act, Policy, ;Fi~\:Ji) 13\'J\tl'(l I)ii~'\~5, memorandum, etc.
A.M.II.38.H.2.c.

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Before sending the grievance package to level I and level II for a decision, OCG must ensure the
respondent complied with H.2.c.
A.M.II.38.H.2.d.
The issues identified in the outcome document now form the basis of the exchange of written
submissions that will eventually be presented to Level I. Only these written submissions, the
outcome document and corresponding relevant material will be considered by Level I. All
other communication which took
ER cannot be used in
in the

Procedure for submissions at Level I

•
•

•

The grievor will provide the case manager a written submission in support of his/her
grievance within 14 days of having been advised to do so by the case manager;
within 14 days of receiving a copy of the grievor's submission from the case
manager, the respondent will provide his/her submission to the case manager;
the opportunity to make a submission remains even if the grievor failed to make
his/her submission;
the case manager will forward the respondent's submission to the grievor who will
have seven days to submit a rebuttal to the case manager- if the respondent did not
make a submission, the grievor will not have the opportunity to make a rebuttal.

During this exchange of submissions, the case manager will ensure that the parties are advised
that failure for them to make their submissions, or to be granted an extension, will resnlt in
the file being pursued to the next step.

PHASE III - DECISION BY LEVEL I OR LEVEL II

The mandate of the Levels I and II is outlined in the CSO (Grievances)- Sections 13 to 18
(inclusive).
Once the grievor has been served with the Level I decision which disposes of the grievance, he/she
has 14 days to seek a review at Level II.. Level II has the authority to review all matters in the
gr1evance.
Review at Level II

Once the case manager has received the 3081 indicating that a review by Level II is requested,
parties must be prompted to make submissions.

Procedure for submissions at Level II

•

The grievor may provide the case manager with a written submission (if desired)
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•

within seven days of having been advised to do so by the case manager.
The respondent is then given seven days to provide the case manager with a written
submission (if desired)- the opportunity to make a submission remains even if the

grievor failed to make a submission.
•

The grievor is then provided with seven days to submit a final rebuttal (if desired) - if
the respondent did not make a submission, the grievor will not have the

opportunity to make a rebuttal.

During this exchange of submissions, the case manager will ensure that the parties are advised
that failure for them to make their submissions, or to be granted an extension, will result in
the file being pursued to the next step. The case manager will also ensure that the parties are
aware that the submissions at Level II may not raise new facts or grounds.

Administrative Time Frames and Requests for Extensions
An important aspect of the case manager's duties within the grievance process is to administer time
frames and review the requests for time extensions. Sound judgement and consistency should dictate
most decisions made in this regard, however, the following guidelines can be referred to when
confronted with a lapsed diary date or a request for diary date extension.
•

All requests for time extensions must reach the office for the coordination of grievances
before the expiry of the initial diary date, contain a justification and the new date desired.

•

The case manager will advise both parties at the outset that failure to observe the prescribed
time frames may result in the grievance being moved to the next step without their
submission. The parties must also be advised that any documentation or submission
forwarded past the diary date will be sent to Level I or II, as the case may be, who may or
may not consider it.

•

If a request for time extension is received within the time frame, the case manager will
consider whether or not to grant that extension. The following guidelines may assist in
considering granting an extension;
•
•
•
•

being on sick leave; or
being assigned to an operation within the Force which prevents the party
from presenting their case in a complete manner; or
both parties are mutually consenting to an extension; or
unforeseen circumstances interfere with the responsibilities of the party
requesting the extension .

•
•

If nothing is received and the deadline has passed, the case manager will advise the

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parties that the file has been forwarded to the next step within the process.

•

A party who was refused an extension can seek a decision from the level seized with the file.
The case manager's refusal to grant an extension shall be treated like any disagreement over
a collateral issue.

Consult the table presented on the following page for a comprehensive listing of all time frames.
The table also summarizes possible actions by the parties and possible actions by which the case
managers can respond.

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TIME FRAMES AND POSSIBLE OUTCOMES
ACTION BY PARTIES

I ACTION BY CASE MANAGER

STATUTORY TIME LIMITS- Subsections 31.(2)(a) and (b) RCMP Act
Grievor forwards a request to OCG to extend
statutory time limits.

Forwards the request to appropriate authority
(level seized with the grievance)

ADMIN TIME FRAMES -EARLY RESOLUTION
GR fails to forward two consecutive status reports
to OCG.

Advises GR's immediate supervisor.

GR/G advises that other party not willing to
participate in dialogue.

May forward file to Level I.
May offer assistance of third party.
May offer alternatives, as appropriate.

Both G and GR request extension to continue
meaningful dialogue.

Grant extension.

G and/or GR fails to provide required
submissions within time frame (seven days).

File is forwarded to Level I without the
submission(s ).

Failure to observe the 45 day time frame.

File is forwarded to Level I for direction.

ADMIN TIME FRAMES -WRITTEN SUBMISSIONS
G and/or GR fail to provide initial submission
within time frame ( 14 days at Level I and seven
days at Level II).

File is forwarded to Level I or II without the
submission(s ).

G fails to provide rebuttal within time frame
(seven days).

File is forwarded to Level I or II without the
rebuttal.

ADMIN TIME FRAMES -WHERE LEVEL I CONSIDERS NEW INFORMATION
G and/or GR fail to
within time frame

· ~ · written submission

File is forwarded to Level I without the
submission(s ).

ADMIN TIME FRAMES -COLLATERAL ISSUES
G and/or GR fail to provide written submission
within time frame (p@tY#aisi!JgisJ>fu;Jilis seyeJt
4a&s;••9th.et••v®&•u.<JS•~wen.•a<~&s•t&••silhll"lit•il
tesvl.IJ:lS~••<~nd•~wen.•a<~&s•at~••v&Yi.t~a••l'at•a

File is forwarded to Level I without the
submission(s ).

tebuttill'h

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Human Resources Infonuation Management System (HRMIS)
The case manager is responsible for tracking grievance data via PeopleSoft, the mainframe database
used for recording information pertaining to human resources management in the RCMP. Peoplesoft
is not only a useful file-management tool, but also a statistical reporting tool helpful to all
stakeholders, either directly or indirectly related to the administration of grievances. It is important
for the case manager to keep up to date with the inputting of data in order to ensure an accurate
overall picture of the grievance process across the Force.

Training
The case manager plays an important role in the training of new case managers and the education of
the membership at large in how the grievance process works. Their training, experience and
expertise put the case manager in a position to direct and guide new employees as they learn their
new responsibilities and consequently ensure a continuity of the process and corporate knowledge.
This same background also makes the case manager the ideal person to educate and inform the
membership (including management) about the grievance process and their role within it.
References
•

Administration Manual Part II-38

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Updated August I (Jh, 2006

ROLE & RESPONSIBILITIES OF THE CASE MANAGER
Important Note:
This document is part of a series of documents that have been created to support the revised
grievance process for members (coming into force on June 19, 2003) - under Administration
Manual- Part II-38.
This particular document is referred to in AM II-38, Subsection E. l.c. "Role and Responsibilities of
the OCG case managers".
It is no longer acceptable for grievors and managers to let the system deal with problems arising
from disputes in the workplace. The grievor, as does the grievance respondent, must take ownership
of the resolution process. This stems from the realization that although conflict can be a serious
problem, it can be a positive force if managed properly. Parties to the grievance must work together
to maintain and restore good working relationships so that each individual may resume meaningful
work in a productive environment.
The case manager is the foundation on which the grievance process moves forward in an effective
and efficient manner. The case manager facilitates the process toward a satisfactory resolution of the
grievance and, as such, is an invaluable resource for the grievor, respondent and Levels I and II. The
case manager is there to provide timely intervention when necessary and to direct the parties toward
resources that will facilitate an agreement. As an integral part of the dispute resolution process, the
case manager must be prepared to provide helpful direction to the parties and to administer the time
frames associated with each phase. Additionally, training is an essential portion of a case manager's
duties, within their own units and regions.

Grievance Presentation
The presentation of a grievance is governed by Part III of the RCMP Act, Part II of the Regulations,
Appendix X-3-25 of the Commissioner's Standing Orders (CSO) and Part II.38 of the
Administration Manual. To ensure that the grievance presentation is valid, the following
information must be contained on form 3081:
•
•
•
•
•

the
the
the
the
the

grievor's name and employee number;
decision, act or omission that is being grieved;
prejudice suffered by the grievor as a result of the decision, act or omission;
corrective action requested;
date on which the grievor knew or ought to have known of the decision, act or omission.

The grievor is also required to specify the name of the person whom he/she believes to be the
respondent. However, this information is not a requirement under the CSO. Should the identity
- 2of the respondent be uncertain, the case manager will assist in identifYing the respondent specific to

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the grievance. As per A.M.II.38.I.5., any outstanding disagreement over the identity of the correct
respondent should be reviewed by level I for a decision.
As Phase I of the grievance process focuses on dialogue, no attachments to the 3081 are necessary;
the information contained on the form is sufficient to initiate the process.
Upon receipt of the 3081, the case manager will review the information contained therein to ensure
it is complete and in compliance with the preliminary requirements of standing (31 ( 1) RCMP Act)
and time limits (31(2) RCMP Act) (see document entitled "Standing and Statutory Time Limits"link is available from the Grievance W ebpage ).
The case manager rifuyfofWaidt!W filct&LevMifdbade<::!Sidri should it appear that the grievance
presentation fails to fulfill one of the preliminary requirements; bothpartieswotildtherihavethe

&md.l"fuffiN•m•ffiake••t••subffi.issiOI'I.
After having reviewed the 3081 for completeness, the case manager will forward a copy to the
respondent and advise him/her of their responsibilities within the process.

PHASE I- EARLY RESOLUTION (ER)
In order to address and resolve disputes at the lowest possible level, the new grievance process
includes an Early Resolution (ER) component which is mandatory as per ss. 9 an 10 of the CSO's;
both the Grievor and the Respondent are accountable for their actions. The philosophy behind ER
borrows heavily from Interest Based Negotiation (IBN) practices. In IBN, disputing parties voice
their concerns and express their particular needs. They are encouraged to listen and talk, without
judgement, allowing the issues to be separated from the individual. Through this process, both
parties gain a greater sensitivity to each other's issues, which will then pave the way for making
decisions about how to move forward to resolution, a resolution that is fair, legal and satisfactory to
both parties.
Some types of grievances have been exempted from a mandatory participation in ER (See Section
11 of the CSO). Nevertheless, parties may still pursue the dialogue under ER if they both agree to
it. The case manager will ensure the parties are aware of this option. If they opt out of ER, the case
manager will ensure they address preliminary and collateral issues in respect of the grievance prior
to entering Phase II.
Should the respondent question the issue of standing and/or time limits, he/she will discuss it with
the grievor. Should the parties require a decision by Level I on either issue, the respondent will
advise the case manager who will coordinate the preparation of the file, including each party's
written submission with respect to the issue being raised.
Where one party wishes to refer an issue to Level I (preliminary or collateral), the case manager will
provide the parties seven days (running simultaneously) to submit their argumentation. Requests for
rulings temporarily suspend the prescribed time frame for ER; the process resumes once both parties
have been provided with the decision.
During this dialogue, the parties will explore the issues forming the grievance, attempt to find
common ground and resolve matters concerning relevant material and possible redress. As stated

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earlier, the goal of the Early Resolution is to resolve the dispute to the satisfaction of both parties.
Failing that, the parties are expected to find conunon ground and reduce the number of outstanding
issues to a minimum.
The respondent is responsible for forwarding a status report to the case manager every 15 days as to
the progress of the dialogue. It is the case manager's responsibility to review the updates and to
advise the I/C of the respondent in the event the respondent fails to submit two consecutive status
reports.
It should be noted that the status reports are the only documents to be conununicated to the case
manager during Phase I. All discussions/emails exchanges between the grievor and respondent
during ER is without prejudice, and should not reach the case manager.

The parties are given 45 days to attempt a resolution of the grievance. The case manager allows or
denies requests for extensions within this phase. Any requests for time extensions must be received
by the case manager before the expiry of the time limit and must contain a justification as to why the
extension is required.
Based on specific circumstances, the case manager will determine if the parties are genuinely
attempting to resolve the issues and choose an appropriate level of intervention if necessary. If
necessary, the parties can request the assistance of a third party to assist in the discussions. The case
manager may, at any time, reconunend to Level I to put an end to Phase I

Relevant Material
Form 3081 does not include a request for relevant material. The goal of the grievance process is the
resolution of the dispute at the earliest possible phase with emphasis on meaningful interaction. The
ensuing dialogue between the parties will either resolve the conflict entirely or at least streamline the
issues. It is at that time that the grievor and respondent will discuss the relevant material, focusing
only on the issues that remain unresolved.
Prior to the conclusion of the ER phase, the issues relating to relevant material, standing and time
limits will have been resolved, either through discussions between the parties or via a ruling by
Level I, and the parties will have completed the outcome document.

Outcome Document (Form 3081-1)
The ER phase can be concluded in one of three ways:

1 - Full agreement
•
•

All issues in the grievance have been resolved and the grievor withdraws the grievance as
result of the dialogue; or
where a redress has been agreed upon, the grievor and respondent complete the outcome

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document. The grievor withdraws the grievance contingent upon the redress. The case
manager monitors the grievance file until the redress has been administered, at which time
the file will be concluded.
2 - Partial agreement
•

The parties are not in total agreement, but have reduced the number of issues that remain
outstanding for adjudication. The parties complete the "partial" agreement portion of the
outcome document and prepare their final submissions.

3 - No agreement
•
•
•

The parties have attempted to resolve the grievance, but failed to do so. The parties complete
the "no" agreement portion of the outcome document and prepare their final submissions; or
Level I puts an end to ER and directs the parties to provide written submission; or
the grievance is one that is exempted from the ER phase.

In all cases, the case manager will provide the parties with further direction.

PHASE II - EXCHANGE OF WRITTEN SUBMISSIONS
In their ongoing efforts to resolve the dispute, the parties may find it necessary to move from ER into
a more structured phase where they begin an exchange of written submissions, keeping in mind that
the access to relevant material has been resolved by now. As both parties are entitled to see the
material that will be reviewed by Level I, the case manager will ensure that all written material be
shared between the parties before being presented to Level I (same applies if grievance is referred to
Level II)

The issues identified in the outcome document now form the basis of the exchange of written
submissions that will eventually be presented to Level I. Only these written submissions, the
outcome document and corresponding relevant material will be considered by Level I. All
other communication which took place during ER cannot be used in any subsequent steps in the
gr1evance process.

Procedure for submissions at Level I
•

The grievor will provide the case manager a written submission in support of his/her
grievance within 14 days of having been advised to do so by the case manager;

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•

•

within 14 days of receiving a copy of the grievor's submission from the case
manager, the respondent will provide his/her submission to the case manager - the
opportunity to make a submission remains even if the grievor failed to make
his/her submission;
the case manager will forward the respondent's submission to the grievor who will
have seven days to submit a rebuttal to the case manager- if the respondent did not
make a submission, the grievor will not have the opportunity to make a rebuttal.

During this exchange of submissions, the case manager will ensure that the parties are advised that
failure for them to make their submissions, or to be granted an extension, will result in the file being
pursued to the next step.

PHASE III - DECISION BY LEVEL I OR LEVEL II
The mandate of the Levels I and II is outlined in the CSO (Grievances)- Sections 13 to 18
(inclusive).
Once the grievor has been served with the Level I decision which disposes of the grievance, he/she
has 14 days to seek a review at Level II.. Level II has the authority to review all matters in the
gr1evance.

Review at Level II
Once the case manager has received the 3081 indicating that a review by Level II is requested,
parties must be prompted to make submissions.

Procedure for submissions at Level II
•
•

•

The grievor may provide the case manager with a written submission (if desired)
within seven days of having been advised to do so by the case manager.
The respondent is then given seven days to provide the case manager with a written
submission (if desired)- the opportunity to make a submission remains even if the
grievor failed to make a submission.
The grievor is then provided with seven days to submit a final rebuttal (if desired) - if
the respondent did not make a submission, the grievor will not have the
opportunity to make a rebuttal.

During this exchange of submissions, the case manager will ensure that the parties are advised that
failure for them to make their submissions, or to be granted an extension, will result in the file being
pursued to the next step. The case manager will also ensure that the parties are aware that the
submissions at Level II may not raise new facts or grounds.

Administrative Time Frames and Requests for Extensions

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An important aspect of the case manager's duties within the grievance process is to administer time
frames and review the requests for time extensions. Sound judgement and consistency should dictate
most decisions made in this regard, however, the following guidelines can be referred to when
confronted with a lapsed diary date or a request for diary date extension.
•

All requests for time extensions must reach the office for the coordination of grievances
before the expiry of the initial diary date, contain a justification and the new date desired.

•

The case manager will advise both parties at the outset that failure to observe the prescribed
time frames may result in the grievance being moved to the next step without their
submission. The parties must also be advised that any documentation or submission
forwarded past the diary date will be sent to Level I or II, as the case may be, who may or
may not consider it.

•

If a request for time extension is received within the time frame, the case manager will
consider whether or not to grant that extension. The following guidelines may assist in
considering granting an extension;
•
•
•
•

being on sick leave; or
being assigned to an operation within the Force which prevents the party
from presenting their case in a complete manner; or
both parties are mutually consenting to an extension; or
unforeseen circumstances interfere with the responsibilities of the party
requesting the extension.

•

If nothing is received and the deadline has passed, the case manager will advise the parties
that the file has been forwarded to the next step within the process.

•

A party who was refused an extension can seek a decision from the level seized with the file.
The case manager's refusal to grant an extension shall be treated like any disagreement over
a collateral issue.

Consult the table presented on the following page for a comprehensive listing of all time frames.
The table also summarizes possible actions by the parties and possible actions by which the case
managers can respond.

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TIME FRAMES AND POSSIBLE OUTCOMES
ACTION BY PARTIES

I ACTION BY CASE MANAGER

STATUTORY TIME LIMITS- Subsections 31.(2)(a) and (b) RCMP Act
Grievor forwards a request to OCG to extend
statutory time limits.

Forwards the request to appropriate authority
(level seized with the grievance)

ADMIN TIME FRAMES -EARLY RESOLUTION
GR fails to forward two consecutive status reports
to OCG.

Advises GR's immediate supervisor.
May forward file to Level I.

GR/G advises that other party not willing to
participate in dialogue.

May forward file to Level I.
May offer assistance of third party.
May offer alternatives, as appropriate.

Both G and GR request extension to continue
meaningful dialogue.

Grant extension.

G and/or GR fails to provide required
submissions within time frame (seven days).

File is forwarded to Level I without the
submission(s ).

Failure to observe the 45 day time frame.

File is forwarded to Level I for direction.

ADMIN TIME FRAMES -WRITTEN SUBMISSIONS
G and/or GR fail to provide initial submission
within time frame ( 14 days at Level I and seven
days at Level II).

File is forwarded to Level I or II without the
submission(s ).

G fails to provide rebuttal within time frame
(seven days).

File is forwarded to Level I or II without the
rebuttal.

ADMIN TIME FRAMES -WHERE LEVEL I CONSIDERS NEW INFORMATION
G and/or GR fail to provide written submission
within time frame (seven days running
simultaneously).

File is forwarded to Level I without the
submission(s ).

ADMIN TIME FRAMES -COLLATERAL ISSUES
G and/or GR fail to provide written submission
within time frame (seven days running
simultaneously).

File is forwarded to Level I without the
submission(s ).

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Human Resources Infonuation Management System (HRMIS)
The case manager is responsible for tracking grievance data via PeopleSoft, the mainframe database
used for recording information pertaining to human resources management in the RCMP. Peoplesoft
is not only a useful file-management tool, but also a statistical reporting tool helpful to all
stakeholders, either directly or indirectly related to the administration of grievances. It is important
for the case manager to keep up to date with the inputting of data in order to ensure an accurate
overall picture of the grievance process across the Force.

Training
The case manager plays an important role in the training of new case managers and the education of
the membership at large in how the grievance process works. Their training, experience and
expertise put the case manager in a position to direct and guide new employees as they learn their
new responsibilities and consequently ensure a continuity of the process and corporate knowledge.
This same background also makes the case manager the ideal person to educate and inform the
membership (including management) about the grievance process and their role within it.
References
•

Administration Manual Part II-38

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