Shelter Share

The grievor sought the reinstatement of shelter share for the period of July 1, 1994 to the end of the posting assignment in June 1995, as originally calculated.

The Bargaining Agent representative argued that FSD 25 stipulates that an employee's shelter cost shall be established at the time of the employee's arrival and remain fixed, with a few specific exceptions, until his or her departure. The representative made reference to articles 25.02 and 25.12. It was the view of the representative that the intent of the Directive was to protect an employee F from a sudden increase in the cost of accommodation. The only exceptions to the rule involve situations such as a move, the payment of two rents, temporary accommodation and family separation which do not apply to the grievor's case.

The Department recognized that FSD 25.02 ensures employee shelter costs do not fluctuate during their posting, irrespective of any promotions or acting assignments which may become effective following the occupancy of their accommodations. However, the Department does not believe that the Directive excludes an adjustment to shelter costs when the position is reclassified and the promotion or acting assignment is retroactive to the date of occupancy.

It was the Department's view that since the grievor had been receiving salary at the acting assignment level since August 1991, the grievor was treated within the intent of the Directive.

The Executive Committee considered and agreed with the Foreign Service Directives Committee in that the grievor was treated within the intent FSD 25 given that the shelter share as well as allowances and benefits were determined in accordance with the grievor's retro active salary.

The grievance was denied.