March 29, 2006
21.4.871
The employee's grievance arises from approximately fifty (50) claims for reimbursement of the cost of meals taken during the period from July 9 to October 30, 2002, submitted on November 4, 2003 and dismissed in writing on December 1, 2003. The grievor claims that from October 1, 2002 to October 3, 2003, management's internal policy of requiring receipts for the cost of meals taken during travel lasting less than one (1) day was not compatible with the NJC Travel Directive.
The Bargaining Agent representative began her presentation by reiterating that the claims from October 1, 2002 to October 3, 2003 are not in question, since management agreed to reimburse the grievor for the sixteen (16) claims submitted for that period.
The employee is grieving the other thirty-nine (39) claims submitted for the period prior to October 1, 2002. Management has alleged that the practice of requiring receipts for the cost of meals was widespread at the grievor's workplace.
To elaborate this argument, the Bargaining Agent representative cited paragraph 4.2.1 of the Travel Directive (effective February 1, 1993).
The Bargaining Agent representative maintained that the receipts were only requested by the department only after the employee had submitted the grievance. The employee did, in fact, accrue expenses at a restaurant. However there were no other arrangements made, other than the grievor's request to change his zone of assignment.
In conclusion, the Bargaining Agent representative stated that the Committee should allow the grievance, since the intent of the Directive was not adhered to by the Department.
The Departmental representative stated that the practice of requiring receipts for the cost of meals was widespread at the grievor's workplace. As well, on December 11, 2002 an interim memorandum was distributed, clarifying management's practice regarding reimbursement for the cost of meals. At a subsequent shop meeting on or around December 11, 2002, the grievor's superintendent referred to this memorandum and that it was posted on the bulletin board. In addition, the grievor's workstation was equipped with a computer, so he would have been able to consult the National Joint Council (NJC) website.
The Departmental representative argued that the grievor could not; therefore claim ignorance of the possibility of being reimbursed for the cost of meals. The Departmental representative further argued that Civilian Personnel Administrative Order 3.08, then in effect, provided that individual employees were responsible for submitting their claims for reimbursement within fifteen (15) days following travel. If, at that time, the grievor no longer had the receipts necessary to vouch for the actual cost incurred, as required by the then NJC Directive, he could have completed a statutory declaration confirming that he actually had incurred the cost of those meals. Since the grievor did not submit any claims within the prescribed time limit, management is not required to reimburse him for the claims for the period prior to October 1, 2002.
The Executive Committee considered and agreed with the report of the Government Travel Committee which concluded that the grievor was treated, in part, within the intent of the 1993 Travel Directive.
The Committee noted that the grievor did not submit his travel claim within thirty (30) days of the end of the fiscal year (paragraph 1.2.2(f)) and did not provide receipts or statutory declarations (sections 1.9.3 & 4.2.1). However, the employer's internal policy did not fully comply with the Directive (section 4.2.1), in that it did not provide for reimbursement of a meal where the grievor was notified in advance that the grievor would be working outside the headquarters area. In addition, the employer's internal policy only allowed fifteen (15) days for the grievor to submit a travel claim (section 1.2.2(f)).
The 1993 Travel Directive is no longer in effect. However, as corrective action, the employer and the grievor both bear responsibility for the situation equally; consequently, the grievor should receive 50% of the total value of the grieved travel expense claims. The Executive Committee agreed that the grievance be upheld in part.