December 18, 2013
21.4.1065
Background
The employee, in City A, regularly presents outreach activities away from his permanent workplace. Travel for the activities is scheduled under a Blanket Travel Authority. The regular hours of work are 8:15 a.m. to 4:15 p.m. On November 13, 2012 the employee presented a scheduled outreach activity in City B. The activity ran from 9:30 a.m. to 3:30 p.m. The employee left the residence at 7 a.m. and stopped briefly at the permanent workplace to retrieve his laptop before traveling to City B. Following the completion of the outreach activity, the employee departed City B at 3:30 p.m., drove to the workplace to return the laptop and returned the rental car at approximately 5:30 p.m. The employee arrived home at 6 p.m. The employee claimed a meal allowance for all three meals on the day in question.
The Employer reimbursed the breakfast and lunch meal rates and compensated the employee for overtime. However, the claim for the dinner meal allowance was denied.
Bargaining Agent Presentation
The Bargaining Agent representative explained that the grievor picked up the rental vehicle used for the travel in question the day before the departure, a paid holiday for which the grievor did not receive additional compensation. It was submitted that the grievor was on travel status and remained so until the arrival at the residence following the return of the rental vehicle. Consequently, the Employer is obligated to pay the dinner meal allowance to the grievor.
The representative suggested that the Employer's failure to act in a fair and reasonable manner is in contravention of the principles of the Travel Directive, namely the principles of trust, flexibility, respect and valuing people. It was indicated that while the grievor demonstrated flexibility by agreeing to pick up the rental vehicle on a paid holiday, arrive at work early to pick up needed equipment and by working an 11-hour day, the Employer did not reciprocate. Instead, the Employer, in denying the grievor's claim for the dinner meal rate, failed to best respond to the employee's needs and interests, as stipulated in the Directive. Furthermore, the denial did nothing to support the grievor's health and safety given the long work hours.
The representative also noted the inconsistency of the Employer's position that the grievor's travel from the residence to the permanent workplace and back was governed by Module I – Travel within headquarters area. Module I precludes the payment of meal allowances yet the Employer approved and paid the breakfast portion of the grievor's claim. Accordingly, the grievor would be equally entitled to reimbursement of the dinner meal rate.
Likewise, the representative indicated that the Employer's estimation with respect to the grievor's return travel time failed to take into account the time required to refuel and return the rental vehicle as well as rush hour traffic.
The Bargaining Agent representative therefore requested that the grievance be upheld.
Departmental Presentation
The Departmental representative submitted that the grievor's travel was governed by two different modules of the Directive. The grievor's travel from the residence to the permanent workplace to retrieve equipment in the morning and the return home after dropping off equipment in the afternoon fell under Module I. The travel between the permanent workplace and City B was covered by Module II – Travel outside headquarters area – no overnight stay. Module I stipulates that meals are not normally provided. Consequently, the grievor is not eligible to receive the dinner meal allowance.
The representative also indicated it was reasonable to expect that the grievor would have consumed the dinner at home given the arrival time. It was noted that in explaining the claim to management, the grievor did not indicate a dinner was purchased nor was a receipt provided. Rather, the grievor simply indicated that the 6 p.m. return interfered with the regular mealtime of 5:30 p.m. As no reasons were provided to substantiate the payment of the dinner meal allowance and as the grievor does not meet the conditions outlined in section 3.1.9 of the Directive, there is no entitlement to reimbursement.
The representative further noted that travel time between City B and the grievor's residence is estimated at 1 hour and 20 minutes. As the grievor departed at 3:30 p.m. there was ample time to complete the travel prior to the regular mealtime.
The Departmental representative therefore requested that the grievance be denied.
Executive Committee Decision
The Executive Committee considered and agreed with the report of the Government Travel Committee which concluded that the grievor had been treated within the intent of the Directive. The Committee concluded that the provisions of Module II of the NJC Travel Directive govern this travel situation and it is reasonable to expect that the grievor would have eaten dinner at home given the time of his arrival. As such, the grievance is denied.