October 19, 2011
21.4.1015
Background
The employee is grieving the employer's refusal to reimburse a breakfast meal allowance while on travel status outside of the headquarters area for the period of December 1 to 4, 2009.
Bargaining Agent Presentation
The Bargaining Agent representative submitted that the grievor should receive a breakfast allowance for the period of December 1 to 4, 2009 as there was a disruption in the commuting pattern, that there was a time difference, that past practice had been to pay for the allowance, and that the grievor was not a shift worker.
It was explained that the grievor was instructed to report to the Regional District Office (location C) in order to pick up a fleet vehicle before proceeding to location B. This presented a change to the normal commuting patterns. The grievor normally reports to the permanent work location (location A) for an 8 hour shift at 4:40 a.m. or 5:10 a.m. When travelling to location B, the grievor is required to depart from the Regional District Office by 4:30 a.m. It was also noted that the grievor had to leave home approximately 15 minutes earlier than usual in order to prepare the fleet vehicle for departure by the required time (transfer of supplies, snow removal, etc.).
The Bargaining Agent representative also indicated that past practice has been to accept claims for both breakfast and lunch for such travel.
The Bargaining Agent representative is of the view that the grievor is on travel status from the home departure time and not from the time the fleet vehicle is picked up. It was submitted that as the grievor is required to report to a temporary workplace the grievor should be entitled to the distance between home and the temporary workplace, or between the permanent workplace and the temporary workplace, whichever is less. Consequently, if the employer is paying the grievor to go between the two locations, the employee is officially on travel status and is also entitled to the breakfast meal allowance.
Departmental Presentation
The Departmental representative indicated that the grievor is required to work at four work locations in City A and its surrounding area. As a shift worker, the hours of work range from 4:30 a.m. to 12:30 p.m., 4:40 a.m. to 12:40 p.m., 5:30 a.m. to 1:30 p.m., or 6 a.m. to 2:00 p.m., depending on which location is assigned to for the week.
From December 1 to 4, 2009, the grievor was scheduled to work at location B from 4:30 a.m. to 12:30 p.m. The grievor submitted breakfast and lunch meal allowance claims. In the past, claims for breakfast meal allowance for travel to location B had been approved in error. The current claims were denied under section 3.2.9.
The Departmental representative explained that Section 3.1 Module 1 Travel within headquarters area applied to the present case. The grievor was directed to report to location C (within headquarters area) to pick up a fleet vehicle. Section 3.2 Module 2 Travel outside headquarters area – no overnight stay applies for the travel between location C to location B, which is outside headquarters area.
The Departmental representative noted that the grievor's permanent workplace was location A. The distance from the residence to location A was approximately 15km or 25 minutes driving time. The distance from the residence to location C was approximately 6.4km or 11 minutes driving time. It is therefore the employer's position that the grievor was not entitled to the breakfast meal allowance for the period in question because the grievor would not have had to leave the residence any earlier than had the grievor been scheduled to report to his permanent workplace. Consequently, the grievor had ample time to consume a meal before his travel to location B. While it may be argued that there was a disruption in the commuting pattern, the employer submits that allowing the grievance for the breakfast meal allowance would result in personal gain.
Executive Committee Decision
The Executive Committee considered the report of the Travel Committee and noted the impasse. The Executive Committee considered the information and circumstance in this grievance and agreed that the employee was not treated within the intent of the Travel Directive. It was agreed that the grievor was on travel status from the moment the grievor left the residence. As such, the grievor was entitled to the breakfast meal allowance. As such, the grievance was upheld.