March 9, 2022
21.4.1137
Background
At the time of the event, the grievors’ designated work location was Location F in City A, Province M. Due to operational issues at Location F, they were immediately assigned to Location G, also in City A.
The grievors effectively began their assignment the same day as their start date at Location F. The assignment was initially scheduled to end on or around June 30, 2012; however, it was subsequently extended until December 31, 2012. The assignment agreements do not indicate if the grievors were subject to travel entitlements, simply indicating which unit would pay for any travel claims. No travel claims were submitted with respect to the assignment period.
As a result of prior grievances in 2013, which indicated that the grievors in substantially similar circumstances at the same locations at the same time were entitled to reimbursement, the Bargaining Agent entered negotiations with the Department which continued until May 2018. On May 25, 2018, the employer sent an email to the Bargaining Agent stating that it was breaking off discussions, and that a grievance should be filed should they want to continue the matter. Subsequently, these grievances were filed within 25 working days of that Employer’s notice.
Grievance
The employees are grieving the Employer’s refusal to pay the amounts to which they were entitled under the Travel Directive or the Relocation Directive when a duly signed offer to hire (or transfer) was amended. Since the employees were unable to begin work at their new permanent workplace on the specified date, they traveled to a temporary workplace.
Executive Committee Decision
The Executive Committee considered the circumstances and arguments with respect to timeliness. The objection was 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. It was noted that the grievors are entitled to receive reimbursement of the kilometric rate in effect on the dates of their travel pursuant to section 1.9 of the Travel Directive. As the temporary workplace change was within headquarters, there is no entitlement for the reimbursement of meals. It was further noted that the provisions of the Relocation Directive do not apply and that any other remedy outside of that provided under the Travel Directive does not fall within the purview of the Executive Committee.