September 29, 2021
21.4.1136
Background
The grievors work for Department X in City A, Province M. From May 7 to 10, 2018, they participated in wave buoy recovery trials at sea in excess of 16 kilometers from the shore. They subsequently submitted a general allowance claim for incidental expenses for the four (4) days. The Employer denied the claim and the grievors submitted grievances on May 31, 2018.
Grievance
The grievors are grieving the failure of Employer to pay them the daily incidental expense allowance as provided under the National Joint Council (NJC) Travel Directive (the Directive).
In the grievors’ collective agreement, remuneration during sea trials is outlined. There is no reference to “incidentals" as items that do not have application to employees covered by the Memorandum.
The grievors also maintain that other Government departments are paying their employees incidental allowances while at sea.
Executive Committee Decision
The Executive Committee considered the circumstances and arguments with respect to jurisdiction. The Executive Committee agreed that the objection to jurisdiction be dismissed. The Executive Committee also examined the circumstances and past precedent and determined that the grievors were not treated within the intent of the Travel Directive.
As such, the grievances were upheld.