February 27, 2013
21.4.1047
Background
The employee is grieving the Employer's decision not to pay the dinner meal allowance for each day despite the fact that the grievor was on travel status for 11 or more hours.
Bargaining Agent Presentation
The Bargaining Agent representative indicated that the grievor's commute from City A to City B while on training was approximately one hour though this was subject to increase during rush hour. On the days in question, the grievor was away from his home and travelling outside his headquarters area for 11 hours yet the dinner meal allowance was denied.
The representative noted that the Travel Directive is silent with respect to meal times. Rather it simply states that a traveler shall be paid the applicable meal allowance for each breakfast, lunch and dinner while on travel status. However, in the first level reply the Employer granted the dinner meal allowance for January 13, 2006 but denied it for the remaining dates stating, "You arrive home prior to 1800 hr therefore you will not be compensated for dinners on the above noted three dates."
The representative raised NJC precedent in 21.4.917 and 21.4.918 in support of the grievance. The representative indicated that the decision in these cases is relevant as the travel time was over a period when one would normally consume three meals.
The representative submitted that over the 11 hour period during which the grievor was on travel, normally three meals would have been consumed. As such the grievor is entitled to the dinner meal allowance.
The Bargaining Agent representative therefore requested that the grievor be compensated accordingly.
Departmental Presentation
The Departmental representative indicated that the grievor was granted a breakfast meal allowance for each of the travel status days. Furthermore, the first level reply granted the dinner meal allowance for January 13, 2006.
The representative submitted that the travel claim was reviewed under the lens of reasonableness and it is reasonable to expect that the grievor would have eaten dinner at home given that the grievor arrived home at approximately 5:30 p.m. on each of the days in question.
The representative noted that in NJC grievance number 21.4.487 the Executive Committee agreed that the grievor was not entitled to breakfast and dinner meal allowances as it was not unreasonable for the Employer to expect the employee to have taken meals at home considering the departure (7:45 a.m.) and arrival (6:20 p.m.) times.
The representative also indicated that in grievances 21.4.917 and 21.4.918 the grievor was travelling between time zones that differed by 4 hours. The grievor arrived home at the equivalent of 7 p.m. in the time zone in which the journey began and it is for this reason that the grievance was upheld.
Consequently, the Departmental representative requested that the grievance be denied.
Executive Committee Decision
The Executive Committee considered and agreed with the report of the Travel Committee which concluded that the grievor had been treated within the intent of section 3.2.9 of the NJC Travel Directive. The Committee noted that it was reasonable to expect that the grievor would have eaten dinner at home on the days in question given the arrival time. As such, the grievance was denied.