February 7, 2018
20.4.250
Background
The grievor works at Department X. The grievor is also a member of the local workplace health and safety committee. In early 2010, the grievor attended four Occupational Safety and Health (OSH) meetings which were all scheduled on the grievor’s days of rest. Shortly after attending these meetings, four grievances were filed alleging that the grievor was not financially compensated for the time spent attending the meetings or the mileage incurred as a result of travelling to the meetings. All grievances were joined at the National Joint Council and were dealt with simultaneously.
Grievance
The grievor is grieving the Employer’s decision to deny compensation for time spent attending the OSH meetings as well as the failure to reimburse travel expenses associated with the grievor’s attendance.
Bargaining Agent Presentation
The Bargaining Agent representative noted that although the Employer has since compensated the grievor for attendance at the OSH meetings at the applicable overtime rate, it has failed to properly reimburse travel expenses associated with the grievor’s attendance, namely mileage. The representative indicated subsection 18.8.2 of the Occupational Health and Safety Directive (the Directive) stipulates that:
18.8.2 Employees who are part of the policy committee may not have the resources required to fully participate. Assistance or other support may be provided to facilitate their participation. This may include travel costs to attend meetings. If authorized by the employer, all travel costs must conform to the applicable provisions of the NJC Travel Directive.
Accordingly, the grievor is entitled to travel costs to attend the OSH meetings as per the provisions of the NJC Travel Directive.
The Bargaining Agent representative further submitted the Canada Labour Code (version in force between January 1, 2010 and December 13, 2012) (CLC) provides for the reimbursement of travel.
135.1 (10) The members of a committee are entitled to take the time required, during their regular working hours,
(a) to attend meetings or to perform any of their other functions; and
(b) for the purposes of preparation and travel, as authorized by both chairpersons of the committee.
The Bargaining Agent representative also noted paragraph 27.04 c) of the Correctional Services collective agreement (version expiring May 31, 2010) entitled the grievor to the applicable overtime rate for hours travelled on a day of rest; however, the grievor had only sought remuneration for the duration of the meetings themselves.
Consequently, the Bargaining Agent representative submitted the grievance ought to be allowed.
Departmental Presentation
The Departmental representative explained that at the time of the grievance the grievor maintained two residences. The first, in City A, was located 10 km from the grievor’s workplace and was used when working. The second, in City B, was located approximately 290 km from the grievor’s place of work and was used during days of rest. As a result of this unique living situation, the management co-chairperson of the OSH Committee authorized the grievor to claim the applicable overtime rate for attendance at OSH meetings during the grievor’s first day of rest; however the grievor was advised no such authorization existed for subsequent days of rest. Furthermore, the grievor was advised mileage would not be reimbursed.
The Departmental representative submitted the grievor was aware there were a number of available solutions for meetings scheduled on the grievor’s second day of rest. These included not attending, switching shifts, participating by teleconference and/or requesting the meeting be rescheduled. The Departmental representative stated the grievor failed to exercise any of these options.
It was also argued there is no provision under the CLC for reimbursement of travel expenses nor is there such an entitlement under the subject collective agreement.
The Departmental representative further noted the Travel Directive was not applicable. The grievor was not in travel status as the meetings took place at the grievor’s workplace. Likewise, paragraph 1.5.2 (b) of the Travel Directive stipulates the traveller shall obtain authorization to travel in accordance with the Travel Directive. In the present matter, the grievor was expressly advised travel costs would not be subject to reimbursement. As such, the Departmental representative respectfully requested the grievance be denied.
Executive Committee Decision
The Executive Committee considered and agreed with the report of the Occupational Health and Safety Committee which concluded the employee had been treated within the intent of the Occupational Health and Safety Directive. The Committee noted that Section 18.15 does not provide for payment of travel expenses for workplace committee members. The grievance is therefore denied.