June 21, 2006
21.4.926
Background
The employee grieved that management had not provided an overnight rest period as required under subsection 3.4.10 - International Travel – Overnight stay of the Travel Directive (2002). He further grieved that management was using its own Travel Guidelines. The grievor also stated that management has violated all the principles and scope of the Travel Directive. The grievor requested that management allow employees' to change their itineraries when they are on their own time; that management arrange for overnight stops after a travel time of at least 9 consecutive hours; that management only use the Travel Directive and that it respects the principles, purpose and scope of the Directive.
Bargaining Agent Presentation
The Bargaining Agent representative reported that the grievor was not allowed an overnight stop when his continuous travel exceeded nine hours, as is required by the Travel Directive. He explained that management appears to believe that paragraph 3.4.10 (b) never applies to escort officers.
The Bargaining Agent mentioned that the Department's National Travel Guidelines for Officers Performing Escorted Removals are not part of the Travel Directive approved by the National Joint Council and as a result, they are not relevant to this grievance.
He stated that based on subsection 3.4.10, the grievor should have been provided with an overnight stop by his Department after nine hours of continuous travel time in addition to the suitable rest period for escort officers, which is specified in subsection 4.1.1 of the Travel Directive.
The Bargaining Agent representative concluded that the grievance should be allowed because the grievor was not treated within the intent of the Directive.
Departmental Presentation
The Departmental representative submitted that the underlying matter in these grievances is a fundamental question: Is the Officer travelling or working during the return flight(s) to Canada? He mentioned that there is a major difference as the entitlements are not the same for travellers and working officers. He further mentioned that the employees have historically benefited from entitlements stemming from both the Travel Directive and the collective agreement and noted that he understood that the Committee would only deal with matters pertaining to the Travel Directive.
The Departmental representative stated that subsection 3.4.10 of the Travel Directive (2002) entitles the traveler to receive an overnight stop after travel time of at least nine consecutive hours. He explained that subsection 3.4.11 also entitles a traveller to business/executive class air travel where continuous air travel exceeds nine hours. He noted that subsection 4.1.1 provides the officers a suitable rest period of 16 hours for travel time between 8 to 24 hours and of 24 hours for travel time greater than 24 hours. He reported that the collective agreement allows for compensation at the applicable overtime rate for hours worked in excess of his regularly scheduled shift.
The Departmental representative mentioned that if the employees are considered to be working on the plane heading to and from the destination, subsection 4.1.1 of the Travel Directive provides between 8 to 24 hours and of 24 hours for travel time greater than 24 hours. He also noted that subsection 3.4.11 provides the officers with business class travel when the flights are longer than nine consecutive hours.
The Departmental representative submitted that management also ensures that the provisions of the Travel Directive which pertain exclusively to escort officers are respected.
The Departmental representative reported that the officer's itineraries were planned according to the provisions and that management ensured that the officer received more than 24 hours of rest at his overseas destinations as his total travel time had been greater than 24 hours. He also mentioned that the grievor had another rest period upon arrival at home that consisted of a minimum of 16 hours before having to report to his next work shift.
The Departmental representative submitted that subsection 3.4.10 concerns rest periods for international travel and that it directs how rest periods should be attributed to international travellers. He mentioned that the principle that general articles do not take precedence over group-specific articles had been supported by many Public Service Labour Relations Board (PSLRB) adjudication decisions. He argued that subsection 4.1.1 of the Travel Directive deals with the same subject as subsection 3.4.10, but is specific to escort officers. Accordingly, he stated that the officers are not eligible to benefit from the Travel Directive's subsection 3.4.10. He also stated that if the National Joint Council had intended to provide escort officers with overnight stops, they would have included the provision in subsection 4.1.1 when they last reviewed the Travel Directive.
The Departmental representative noted that management is conscious of the physiological effects of travel across time zones. He conveyed that in this case, management thought it reasonable to have the Officer return to Canada without an overnight stop during his return flights.
In conclusion, he reported that it is the position of the Department that the provisions of the Travel Directive were correctly applied and requested that this grievance be denied.
Executive Committee Decision
The Executive Committee concluded that the grievor was not treated within the intent of the 2002 Travel Directive. The grievance was upheld.
The Executive Committee concluded that although "suitable rest period" is specifically defined for escort officers in subsection 4.1.1, this does not supersede the provisions of subsection 3.4.10. The Committee agreed that subsection 1.1.1 be applied in its entirety, such that itineraries are discussed between the employer and the employee to ensure that employees' needs and interests, as well as employers' operational requirements, are accommodated. As such, the Committee recommends that the Department adjust its practices to adhere to subsections 3.4.10 and 4.1.1 of the Travel Directive when authorizing travel