Case # 2010-068

Component Transfer, Component Transfer (CT), Pay, Reserve

Case Summary

F&R Date: 2010–10–27

The grievor effected a component transfer (CT) from the Reserve Force (Res F) to the Regular Force (Reg F) in 1997, at the rank of Officer Cadet, at a rate of pay lower than he was receiving as a reservist. An interim instruction was issued by the Canadian Forces (CF) in April 2001 which granted pay protection for non-commissioned members (NCMs) transferring from the Res F to the Reg F. In April 2010, the grievor became aware of Chief of the Defence Staff (CDS) decisions on other grievances dealing with this issue that had applied the 2001 interim policy on a case-by-case basis. He filed a grievance in June 2010, requesting a recalculation of his pay level at the time of his 1997 CT.

There was no initial authority decision because the grievor did not grant a time limit extension.

While the Board concluded that the grievance had been submitted beyond the six-month time limit, given previous CDS decisions on the same issue and the fact that he had directed the Chief of Military Personnel to develop an administrative solution to address cases such as the grievor's, the Board recommended that the CDS accept the grievance in the interests of justice.

The Board noted that in several other grievances concerning NCM transfers from the Res F to a Reg F officer entry plan prior to the introduction of the April 2001 interim policy, it had found there was inequitable treatment and recommended that the rate of pay for those members be adjusted retroactively. In all of those cases, the CDS agreed with the Board's findings and recommendations and granted redress.

The Board found that, under these circumstances, denying this grievance would be unfair.

Using the same argument and analysis in the other cases, the Board recommended that the CDS uphold the grievance and order that the grievor’s CT from the Res F to the Reg F and his rate of pay be reviewed and modified in accordance with the interim policy issued on 23 April 2001.

The Board also recommended that the CDS direct that the 23 April 2001 interim policy be formally made retroactive to 27 March 1996, the date the CT policy recognized previous Res F service for Res F to Reg F NCM transfers.

The Board recommended that all transfers from the Res F to a Reg F officer entry plan from 27 March 1996 that would now fall under this policy should be reviewed.

CDS Decision Summary

CDS Decision Date: 2011–05–20

The grievance was resolved informally.