June 25, 2014
21.4.1071
Background
The grievor, while on overnight business travel, claimed the breakfast meal allowance for the following morning. Although the hotel provided a complimentary breakfast as of 6:30 a.m., the grievor had to leave the hotel at 6:00 a.m. (prior to breakfast being served) in order to arrive at the work task on schedule. Therefore, breakfast was obtained at the grievor's own expense. The grievor did not provide a receipt for the breakfast meal nor a personal declaration to replace the receipt. A supplementary claim was submitted for the breakfast meal, explaining that the work schedule did not allow the grievor to take advantage of the hotel breakfast. The claim was denied.
Bargaining Agent Presentation
The Bargaining Agent representative explained that the grievor was required to travel on business. The grievor left the hotel at 6:00 a.m. to attend a meeting at 6:45 a.m. Given that the complimentary breakfast was not served until 6:30 a.m., the grievor purchased a breakfast that morning.
The grievor submitted a travel expense claim which included the breakfast allowance. The Employer refused to reimburse the amount claimed for the breakfast as no receipt was provided as per the Travel Directive. The Bargaining Agent representative noted that the essential issue in this case is whether a meal was provided or not. The Bargaining Agent representative emphasized that a breakfast meal was not provided as it was not available within the hotel at the time the grievor was required to leave to report for work. As such, the grievor is entitled to be paid the appropriate Appendix C breakfast meal allowance of $15.65 without any requirement for a receipt.
Departmental Presentation
The Departmental representative submitted that management's decision not to reimburse the grievor for the breakfast meal allowance was appropriate in the grievor's circumstance. The room rate included a continental breakfast which the Employer contends qualifies as "a meal provided". The Directive is clear that in certain situations, including when an employee is required to supplement a meal or in exceptional situations where the employee has incurred out-of-pocket expenses, employees may be reimbursed based on receipts.
The representative noted that the grievor chose not to conform to the NJC Travel Directive or accept accounting operations position with regards to providing receipts and refused to sign an affidavit declaring that he was out-of-pocket.
Executive Committee Decision
The Executive Committee considered the report of the Government Travel Committee and noted the impasse. The Executive Committee considered the information and circumstances in this grievance and agreed that the grievor was not treated within the intent of the Directive. In this particular case, the situation was out of the grievor's control as the breakfast provided by the hotel was not available early enough to permit the grievor to report to work on time. As such, the grievance is upheld.