Foreign Service Directives – FSD 15.32 – Car Rental Expenses

Background

The employee grieved the Employer's refusal to pay car rental fees as provided under the Foreign Service Directive 15 - Relocation.

Bargaining Agent Presentation

The Bargaining Agent representative indicated that the grievor had read the FSDs and knew that there was a directive about rental car expenses with a criterion to rent at the new place of duty. It was the grievor's first posting. The grievor's starting date in Location A was August 3, 2010 and the car arrived in Location A on August 4, 2010. The grievor sought clarification prior to making travel arrangements and finally arranged a family vacation while the PMV and goods were being shipped. The grievor had considered flying to Location A but decided to fly to Location B to save 3 hours of driving. The grievor rented a car in Location B on July 20, 2010. The grievor wrote to the Departmental advisor to determine if the grievor could fly to Location B and rent a car there instead of Location A. The Departmental advisor informed the grievor that FSD 15.32 could be used "anytime" and "elsewhere". The grievor relied on the expertise provided and suffered financial detriment.

Departmental Presentation

The Departmental representative explained that the grievor had asked whether the car rental entitlement under FSD 15.32 could be used to rent a car from Location B instead of Location A. The response given was based on the assumption that the car rental would be done in accordance with FSD 15.32 and in the context of the grievor's relocation. It was noted that at no point did the grievor indicate that the vehicle would be used for vacation rather than relocation purposes. The rental car was used for vacation purposes in Location B and then the grievor flew to Location A. The grievor reported to Location A for assignment on August 3, 2010 and picked up the PMV in Location A on August 4, 2010.

The Departmental representative submitted that the fact that the grievor was provided with an email stating that the car expenses could be incurred anywhere did not change the modalities of the FSD 15.32.

Executive Committee Decision

The Executive Committee considered and agreed with the report of the Foreign Service Directives Committee which concluded that the grievor was treated within the intent of the Foreign Service Directive 15.32 Car Rental Expenses, as the grievor had not arrived at the new place of duty. Notwithstanding, the Committee acknowledged that the communication from both the employee and the Employer was not clear in that the Employee provided incomplete information whereas the Departmental advisor provided incorrect information. As such, the grievance was denied.