May 7, 2008
25.4.141
Background
The employee grieved the department's decision to deny the request for school transportation assistance in accordance with FSD 30.04 for the employee's child to attend after-school tutoring classes.
Bargaining Agent Presentation
The bargaining agent representative began by explaining that the grievance is in fact a matter of principle as no expenses have been incurred to date. Contrary to what the department presents, the grievor is in fact receiving an education allowance, as a supplementary allowance has been authorized for private tutoring in accordance with FSD 34.03(c).
The bargaining agent explained the French tutoring is necessary as a result of posting. The situation can not be compared to a scenario in HQ, as the child at HQ would be attending Lycée Claudel and would not require after school tutoring in their first language (French).
If the child required tutoring in English (as the second official language), the bargaining agent explains this would warrant a denial of the transportation costs, as these would be the responsibility of the parent(s).
As there is no school which offers instruction in French at this post, the French tutoring therefore becomes essential for the child to maintain continuity in the French lycée system.
The bargaining agent confirmed the after school program would be sufficient to ensure enrollment at Lycée Claudel.
The barging agent representative concluded that the use of taxis should be authorized only when the spouse is unable to drive the child to and/or from his French class because of employment.
Departmental Presentation
The departmental representative explained the department authorized private French language tutoring for the grievor's son to ensure full integration into the lycée system upon their return to HQ.
Transportation to an after school program at Post or at HQ is the responsibility of the parents, not the department under FSD 30.
The departmental representative stated the intent of FSD 30 was for students attending schools that do not offer school transportation, not for an after school program.
Executive Committee Decision
The Executive Committee considered and agreed with the report of the Foreign Service Directives Committee which concluded that the grievor was treated within the intent of the Directive, transportation to any after-school program is the responsibility of the parents in Canada and should be the same abroad. In addition, transportation to school in Ottawa is also the responsibility of the parents when in Canada and is not provided under the FSDs.
The Executive Committee took note of the fact, the FSD Committee had noted the provisions of the directives should be reviewed in order to assist for this type of situation.