HomeMy WebLinkAbout2017-1626.Carey.18-02-23 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2017-1626
UNION#2017-0135-0007
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Carey) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE D.J.D. Leighton Arbitrator
FOR THE UNION Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER James Cheng
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING December 6, 2017
-2-
Decision
[1] Mr. Ian Carey, a Correctional Officer at the South West Detention Centre, filed a
grievance on March 17, 2017, alleging that the employer breached the collective
agreement by failing to reimburse two meal claims for breakfast and lunch, when
he was assigned to escort duty from 0500 to 1300 hrs on February 10, 2017. He
alleges that this denial breached the employer’s policy directive, “MBC Travel,
Meal and Hospitality Expenses Directive (January 1, 2017) which provides that
when an employee is on government business at least 24 km. from his or her
normal work site over a normal meal break, the meal allowance will be granted.
Rule 6.0 of the policy provides as follows:
Reasonable and appropriate meal expenses may be reimbursed. You may
incur a meal expense when you are on government business and you:
• Are away from the office area (i.e. at least 24 km) over a normal meal
period; or have prior approval for the expense….
[2] The union submitted that the grievor was at least 24 km away from the work site
during the normal breakfast and lunch break and therefore should have been
reimbursed for the expense. The union noted that the normal breakfast break
was less than 0800 hrs and lunch was between 1130 and 1300 hrs. The union
noted further that the policy does not define “normal” meal breaks.
[3] The employer’s response to the breakfast claim was that the grievor should have
eaten before his shift began at 0500 hrs. The employer submitted that there was
no violation of the collective agreement and the decision not to grant the meal
allowances was appropriate in the circumstances.
[4] The parties referred this grievance to mediation/arbitration in accordance with
Article 22.16 of the collective agreement. At the outset of the hearing, the parties
agreed that I had the jurisdiction to deal with this matter. They asked that I issue
a decision without precedent or prejudice, and without written reasons. [5] Having carefully considered the submissions of the parties, as well as the
jurisprudence of the Board, I have decided to grant this grievance. The employer
is hereby ordered to pay the grievor for a breakfast and lunch allowance.
Dated at Toronto, Ontario this 23rd day of February, 2018.
“D.J.D. Leighton”
D.J.D. Leighton, Arbitrator