March 26, 2001
21.4.788
The employees grieved the misapplication of the Travel Directive with respect to meals. The employees are requesting that the Directive be adapted and adjusted with respect to their work shift retroactively to Feb. 1, 1997.
At the hearing, the Bargaining Agent representative explained that the grievors are not requesting that the Travel Directive be amended, but rather that it be applied fairly to their situation.
The grievors are drivers whose jobs are to drive a truck from Point A to Point B and back (a trip of approximately 8-9 hours). One week, they work 4 days and travel 2 round trips; the following week, they work 6 days and travel 3 round trips. On February 1st, 1997, management changed the grievors' work schedule from day shift to night shift. This led to a reduction in meal allowances which in turn led to the filing of this grievance on July 12, 1998.
The Bargaining Agent representative explained that the issue was one of equity, that the grievors, who work night shift, should be treated the same way as employees who work day shift. The grievors had to adapt their lifestyle and family life according to their night shift and they now had to take their meals in the way that fits their schedule.
The Bargaining Agent representative explained that the grievors always work nights, that they were scheduled to work 8 hours a day, but that this can vary depending on factors such as traffic on the road, road conditions, weather conditions, condition of the trucks, and road construction. Their work schedule was done over a period of 28 days and was based on an average of 40 hours a week.
The Bargaining Agent representative maintained that the Travel Directive does not state when a meal must be taken nor does it state the order in which meals must be taken. She referred to article 4.1.1:
"The meal allowances contained in this directive are based on the consumption of meals in restaurants and are directed at employees who are in travel status away from the vicinity of their headquarters area",
and to article 4.1.3:
"For each day or part day in travel status where overnight accommodation is authorized, a traveller shall be paid a meal allowance for each breakfast, lunch and dinner when applicable, if the meal was not provided free of cost to the traveller, or as part of the transportation cost."
The Bargaining Agent representative provided an example of the grievors' work day: have breakfast at home before leaving Point A at 9:00 p.m., have lunch en route at approximately 1:00 a.m., arrive at Point B at 7:00 a.m. the next day, and have dinner. Go to bed at around 10:00 a.m. (accommodation paid by the department) and sleep until approximately 6:30 p.m. Get up, have breakfast, and at around 9:00 p.m., leave Point B, have lunch en route at approximately 1:00 a.m., and arrive at Point A at around 7:00 a.m. Sleep at home and, if it is during the week, start a second round-trip on that same day.
The Bargaining Agent representative indicated that the grievors are currently being reimbursed for 3 incidentals, 2 breakfasts, 1 lunch and 1 dinner per round trip done on the night shift. It is believed that, if the grievors were to do the same trip on the day shift, they would be reimbursed for 2 incidentals (1 less), 1 breakfast (1 less), 2 lunches (1 more) and 2 dinners (1 more), which makes a difference of $16.40 per round trip.
The Departmental representative explained that the drivers always leave Point A at 9:00 p.m. and they must arrive at Point B by 6:30 a.m. the next day as other employees are scheduled to unload the truck upon its arrival at destination. A total of 9 hours was allowed to get from Point A to Point B, with 8 hours for driving and one hour for break without pay. On their return to Point A, there is often a 2 hour overtime period. The grievors do receive a night shift allowance as well as overtime, when applicable.
The Departmental representative explained that when the round trip ends on a week-day, the drivers start another round-trip on the same day and get reimbursed for 2 breakfasts, 1 lunch, 1 dinner and 3 incidentals. When the round-trip ends on a Saturday and the 2nd round-trip does not start before the following Monday, the drivers receive the same meal allowances but only 2 incidentals.
The Executive Committee considered and agreed with the Government Travel Committee report which concluded that the grievors had not been treated within the intent of the Travel Directive in that the meal sequence should be determined in relation to the travellers' shift. In this situation, facts revealed that the grievors had their breakfast at home prior to the start of their shift at 9:00 p.m. and that therefore the first meal after the 9:00 p.m. departure should be lunch and the meal sequence should follow. However, consistent with this rationale and because of the grievors' sleeping pattern, the Committee agreed that an allowance of two incidentals per round-trip should apply and not three.
The grievance was upheld to the extent noted.