June 21, 2006
21.4.883
Background
The employee grieved that management had violated the Travel Directive (1993), specifically Part 2, subsections 2.2.7, 2.2.8 and 2.2.9, by refusing to allow for an overnight stop when continuous travel is at least nine hours. The grievor requested an overnight stop after 9 hours of continuous travel and that management end the practice of booking escorts without the proper rest periods as per the Travel Directive (1993).
Bargaining Agent Presentation
The Bargaining Agent representative referred to the second level grievance response, which concluded that the grievor travelled in business class on the return trip to Canada, and that his itinerary was consistent with departmental guidelines on rest periods at the point of destination and the scheduling of return flights for the Department's officers performing escort duties.
The Bargaining Agent representative noted that it was the Bargaining Agent's position that based on subsections 2.2.7, 2.2.8 and 2.2.9 of the Travel Directive – April 1993, the grievor should have been provided with an overnight stop after 9 hours of continuous travel. He noted that the request was made in advance of travel. He also reported that the issue of not allowing for an overnight stop for the return portion of the trip back to Canada, when the escort officers are travelling alone, has been particular to region "B" and has not been applied consistently throughout regions.
The Bargaining Agent representative stated that the grievance should be allowed in that the grievor was not treated within the intent of the Directive.
Departmental Presentation
The Departmental representative reported that management has been consistent with the Travel Directive in this case as the grievor was provided with suitable rest periods, namely a 27-hour rest period at destination and at least 16 hours of rest upon his return to Canada before being required to report to work.
He submitted that management had complied with subsection 2.2.9 and that the Directive offered flexibility in subsection 2.2.7 with regards to the scheduling of an overnight stop after continuous travel of at least nine hours. He noted that the grievor's first return flight met the criteria for this provision but operational needs warranted the grievor to return home at the earliest possible time. He reported that management used the subsection's flexibility and denied the grievor an overnight stop. He stated that this action is not a violation of subsection 2.2.7, as it offers flexibility. He noted that this was also consistent with subsection 1.1.1 of the Travel Directive, where management has the responsibility to determine the mode of transportation, the travel class and lodging of the officers, as long as it is consistent with the provisions of the Directive.
The Departmental representative submitted that the grievor was treated within the intent of the Directive and that the grievance should be dismissed.
Executive Committee Decision
The Executive Committee agreed that the grievor was treated within the intent of the 1993 Travel Directive. It was also agreed that the applicable subsections of the Travel Directive in this case were: 2.2.7, 2.2.8, 2.2.9 and 2.2.10. The Committee further agreed that subsection 2.2.7 allowed the Department flexibility in determining if an overnight stop was to be provided. Therefore, the grievance was denied.