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HomeMy WebLinkAbout1997-1539.Nickel.00-08-22 Decision '~AIcI EMFL E LA ,'E WN EMFL ""EE; E L '~AIcI -- GRIEVANCE COMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIE FS 1 -'-- r"'T[ 'TEE"/' WE "/' TI~E T"/' 1~ TE""E H' TE TELE H' TE !'J1 ) 1 1 TE -'-- r"'T[ TE ~ E EA T"/' ( T) "~ f;' nIr""E TELE IE (41 ) -1 GSB #1539/97 OPSEU#97G052 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Nickel) Grievor - and - The Crown in Right of Ontario (Ontario Clean Water Agency) Employer BEFORE Michael V Watters Vice Chair FOR THE Ed Holmes, Counsel GRIEVOR Ryder, Wright, Blair & Doyle Barristers and Solicitors FOR THE Marsha Gottesman, Counsel EMPLOYER Legal Services Branch Ministry of Community and Social Services HEARING October 28, 1998, April 30, 1999, January 31, February 8, February 16, July 17, 2000 2 This proceeding arlses from the grlevances of Mr Brian Nickel and Mr Michel Caron dated June 5, 1997 and January 19, 1998, respectively The former grlevance states, in part "On May 28, 1997 I was told by management to report to a new work location I believe this constitutes a change of headquarters, and this change was not In compliance with Article 11 " (Exhibit #1 ) The latter grlevance states, in part "I hereby grieve a directive made by 0 C W A to effectively change my legal headquarters without adhering to the procedures of Article 11 and its sub-sections outlined In the collective agreements between 0 P S E U and the Province of Ontario " Exhibit #2) As noted, both of the grlevances reference article 11 of the collective agreement That provlslon, as set out below, applies to "employees who do not attend at or work at or work from any permanent ministry facility In the course of their duties " The parties to this dispute agree that article 11 lS inapplicable to the grlevors as both attend at or work at or work from a permanent OCWA facility, this being the Kingston Township Wastewater Plant This location was also referred to as the Kingston Sewage Treatment Plant during the course of the evidence I will hereafter refer to this work site as "the KSTP" I accept the submission of counsel for the Union that the real lssue In this case lS what, if any, benefits accrue to an 3 employee when the Employer directs them to report to a workplace other than their regular place of employment The grlevors at all material times worked as Operators In the Kingston Township Hub of the Ontario Clean Water Agency (hereinafter referred to as OCWA) The purpose of their position lS described as follows In the Specification and Class Allocation form filed as Exhibit #9 "to maintain and operate all process control, systems and other related equipment required In the operation of the water and wastewater facilities, the related pumping stations, collection and distribution systems located within the Kingston Township Hub " The Kingston Township Hub consists of a number of projects including water and wastewater facilities In Kingston, Odessa and Lansdowne The aforementioned Hub was amalgamated with the Belleville area Hub In or about December, 1998 to form the Kingston-Quinte Hub This development does not impact the resolution of these grlevances Mr Nickel was hired into the Operator position effective November 30, 1987 Mr Caron transferred into his position on April 15, 1991 His seniority date lS June 26, 1989, as he previously worked as an Operator In Longlac, Ontario At the time of their hire, both grlevors were informed that their permanent worksite or "headquarters" would be the KSTP When they commenced their employment, the water and wastewater facilities and related systems In Kingston and the immediate area were operated by the Ministry of the Environment In or about November, 1993, responsibility for the 4 operation of these facilities was transferred to OCWA Initially, each facility had a Superintendent and operational and clerical staff In July, 1996, OCWA restructured its operations around the hub system Generally speaking, thereafter the cluster of facilities comprising the Kingston Township Hub were serviced by OCWA employees working out of Kingston rather than by employees positioned at each of the separate facilities Positions at the individual facilities were eliminated and staff who previously worked there were reduced or surplused The staff remalnlng were all considered to have headquarters at the KSTP A rotational system, as described In greater detail later In this award, was adopted by the Employer pursuant to which employees were assigned to the varlOUS projects In the Hub In the period material to this case, Mr Jeff DeMarsh was the Manager of the Kingston Township Hub and Mr Joe Lewis was the Assistant Manager Mr Lewis was the grievors' direct superVlsor Mr Nickel lives In Morven, Ontario Morven lS In close proximity to Napanee and lS approximately thirty-five (35) kilometres to the west of the KSTP Mr Caron lives in Kingston His residence lS approximately nlne (9 ) kilometres from the KSTP As mentioned earlier, Odessa and Lansdowne are part of the Kingston Township Hub Odessa lS approximately fourteen (14 ) kilometres to the east of Mr Nickel's residence and lS the same distance to the west of Mr Caron's residence Mr Nickel, if using Highway #401, would pass by Odessa when travelling from his home to work in Kingston Lansdowne 5 lS approximately eighty (80) kilometres northeast of Kingston The workday for both grlevors commences at 7 30 a m and concludes at 4 00 P m In the period prior to the events glvlng rlse to these grlevances, Mr Nickel commuted on a daily basis from his residence to the KSTP, and return, uSlng his personal automobile Between 1987 and 1993, he travelled alone and went directly to the KSTP for the start of the workday Commencing In late 1994, his wife started to travel with him as she also worked In Kingston It was Mr Nickel's practice to first drop his wife off at her job at Kingston General Hospital before reporting to the KSTP at 7 30 a m Mr Caron, likewise, commuted from his home to work uSlng his personal automobile He estimated that the commute took between ten (10 ) and thirteen (13 ) minutes Mr Caron testified that he also carpooled to work for a period of time and that, on occaSlon, he biked to the KSTP In this period, neither grlevor was paid for the commute More specifically, they were not compensated for the kilometres travelled between their residence and work, and return, nor were they paid for the time spent travelling to and from the KSTP Mr Nickel acknowledged that during his commute, he did not conduct any business for the Employer In this initial period, prlor to the events glvlng rlse to the present dispute, the prlmary work location for both Mr Nickel and Mr Caron was the KSTP During the course of their day, they were periodically required to perform work at the other projects In the 6 Hub, as the need arose By way of example, they might have to attend at the Kingston Township Water Treatment Plant, some three (3 ) kilometres away, or at facilities at or close to either Odessa or Lansdowne The grlevors were provided with an OCWA vehicle (hereinafter referred to as a "company vehicle") for "ad hoc" trips of this nature Mileage and travel time were not claimed in respect of such trips as the work in question was performed within the normal workday and through the use of a company vehicle Mr Nickel and Mr Caron were also required from time to time to be on-call in order to respond to problems or emergencles at any of the facilities within the Kingston Township Hub occurrlng between 4 00 P m and 7 30 a m or on weekends The grlevors had access to a company vehicle when acting on-call Mr Nickel and Mr Caron also described certain secondments they were on In the 1995-1996 period It lS unnecessary to reVlew these In detail for purposes of this award In late January, 1997, Mr Lewis informed Mr Nickel that he was required to work at Odessa commenclng February 1, 1997 In the period February 1 to May 27, 1997, Mr Nickel commuted with his wife and young child/children to Kingston via their personal automobile I was informed that the child care was provided In Kingston Once there, Mr Nickel dropped his family off and then proceeded to the KSTP for the start of work at 7 30 a m This grievor would then take a company vehicle and drive to the facility at Odessa At the end of the day, he would leave Odessa In the company vehicle and return to 7 the KSTP for 4 00 P m Thereafter, he would pick up his family and return to Morven In his personal vehicle During this period, Mr Nickel was not compensated for travel between the KSTP and Odessa, and return, as throughout all such travel was In a company vehicle and occurred within regular working hours At some point following this reassignment, Mr Nickel approached Mr Lewis and advised him that his wife would only be working three (3 ) days a week up until the end of April, 1997 As a consequence, Mr Nickel offered to report directly to Odessa at 7 30 a m on the two (2 ) days he did not have to drive her to Kingston The grlevor emphasized that this would be a temporary arrangement only as his wife's job would revert to full-time at the end of April It appears from the evidence that Mr Lewis ultimately agreed to the proposal after considering same for an unspecified period of time Mr Nickel testified that on May 27, 1997, Mr Lewis instructed him to report directly to Odessa commenclng the following day Instead of reporting to the KSTP at 7 30 a m and taking a company vehicle for the drive to Odessa, Mr Nickel was expected to report directly to Odessa for the start of work at 7 30 a m and to remaln there until 4 00 P m It was further expected that travel from his residence to Odessa, and return, would be by way of his personal vehicle Mr Nickel asserted that the direction of May 27th inconvenienced him as he had structured his personal life around his headquarters 8 As previously mentioned, Mr Nickel's spouse also worked In Kingston and his child care arrangements were located in that same community Following receipt of Mr Lewis' direction, the grlevor was required to leave home fifteen (15 ) minutes earlier in the morning so that he could drop his wife and child/children off In Kingston and then report to Odessa for 7 30 a m At the end of the workday at 4 00 P m , Mr Nickel left Odessa In his own vehicle and returned to Kingston to collect his family He estimated that the new routine increased travel in his personal vehicle by approximately forty (40 ) kilometres per day in comparison to the earlier period when a company vehicle was used for travel from the KSTP to Odessa and return Mr Nickel added that the extra time spent travelling at the end of the day resulted In his child/children spending greater time at the babysitters He claimed that it was not feasible for his wife to drop him off at Odessa In the morning on her way to Kingston This was premised on the fact that she worked till 5 00 P m Mr Nickel suggested that, as a consequence, he would have been "stranded without a vehicle" at Odessa for one and one-half (1 1/2) hours while he waited for his wife to pick him up after work Additionally, he noted that such an arrangement would have augmented the time his child/children spent in day care Mr Nickel stated that this change "became an issue" when it started to cost him money and disrupt his personal life Mr Nickel testified that he raised the above concerns, including 9 those related to child care, with Mr Lewis In his words, they failed to arrlve at a satisfactory resolution He, accordingly, filed his grlevance on June 5, 1997 Mr Nickel travelled in accordance with the directive between May 27th and the end of December, 1997 He did not claim or recelve an allowance for kilometres or time travelled Mr Nickel maintained that management personnel told him he could be sent "anywhere within forty (40) kilometres" without any consequent obligation to provide compensation He further indicated that his headquarters remained in Kingston throughout the entire eleven (11 ) month period during which he reported to Odessa Mr Lewis testified that he viewed the initial arrangement for the grievor's travel to and from Odessa, In respect of the period February 1 to May 27, 1997, as inefficient in terms of both economics and productivity He expressed concern that approximately one (1 ) hour of the work day was lost to travel and that there was one (1 ) less vehicle at Kingston available for ad hoc trips In his judgment, these inefficiencies were eliminated by having the grlevor report directly to Odessa He noted, as well, that such change would decrease the expenditure on fuel for OCWA vehicles Mr Lewis observed that a direct report to Odessa would also reduce Mr Nickel's personal commute from thirty-five (35 ) kilometres to fourteen (14 ) kilometres each way Similarly, it would serve to lessen the actual time spent travelling to and from work 10 Mr Lewis advised that he elected to implement the above- described change after consulting with Mr DeMarsh and Ms Anne Thorton, the Human Resources Advisor for the Northern and Eastern areas of OCWA Mr Lewis acknowledged that he did not ask the grlevor about his preference or interests He indicated that at the time the decision was taken, he was unaware of the grievor's personal arrangements In respect of the transport of his family to Kingston Mr Lewis stated that he became aware of these arrangements prlor to the grlevance being filed It was his evidence that the information did not persuade him to reconsider the decision From Mr Lewis' perspective, it was Mr Nickel's "choice to take his kids to Kingston" He expressed the further oplnlon that he had to be fair and equitable to all employees Ms Thornton In her evidence did not seek to mlnlmlze the importance of child care or the effect that arrangements for same can have on the balance and equilibrium of staff In this regard, reference was made to "Working Well", an Employee Assistance Program initiated In late 1999 which assists employees on a confidential basis with several problem areas, including child care A package describing the program was filed as exhibit #18 Nonetheless, Ms Thornton testified that she does not consider it the Employer's responsibility to accommodate for child care situations, particularly In Vlew of the fact the location where the care lS provided could change, possibly on short notice 11 Mr Caron replaced Mr Nickel at Odessa In early February, 1998 and remained there until May, 1999 During this period, Mr Caron was required to travel In his own vehicle from his residence to Odessa for the start of the workday at 7 30 a m He stayed there until 4 00 P m at which time he would return home, agaln, by way of his personal transportation It lS apparent on the evidence that this assignment added five (5 ) kilometres to Mr Caron's commute to work and an equal number on the return trip home Mr Caron estimated that it took him between seventeen (17) and twenty-nine (29) minutes to drive to Odessa depending on the traffic and the weather Mr Caron's primary concern was that the requirement to drive his personal vehicle to Odessa and back increased his expenses relating to fuel and maintenance He also noted that having to be at Odessa, and not Kingston, at 7 30 a m forced him to adjust his daily schedule When advancing these concerns, Mr Caron stressed that Odessa was not his "main work area" He stated that his preference would have been to travel to the KSTP for 7 30 a m , to go from there to Odessa In a company vehicle, and to return In same to Kingston for 4 00 P m Simply stated, Mr Caron wanted to travel on company time and In a company vehicle Mr Caron alleged that other employees were permitted to travel In this fashion and that at least two (2 ) employees were compensated for lunches when working out of Odessa Mr Caron also made specific mention of a situation which 12 occurred around Easter In 1998 At that time, his car was being repaired and painted and, as a result, was unavailable for the commute to Odessa Mr Caron testified that he asked Mr Lewis if he could use one (1 ) of the vehicles at the KSTP for travel to and from Odessa for the period his vehicle was out of serVlce It was Mr Caron's evidence that his request was denied and that Mr Lewis suggested he use vacation or sick time to cover the days in question The grlevor ultimately opted to take two (2 ) vacation days He noted, In this regard, that there was no public transportation available to travel between Kingston and Odessa Mr Lewis did not seriously dispute the grievor's account of this incident He expressed the oplnlon that an employee has the obligation to get to work at headquarters or at some other location to which they have been rotated Mr Lewis added that if he had granted the grievor's request, he would have had to do the same for all other employees While at Odessa, both Mr Nickel and Mr Caron were called upon to work at several facilities in the immediate vicinity including the Odessa Water Treatment Plant, the Amherstview project and the Petro Canada project Company vehicles were available for these "ad hoc" trips which were completed within regular working hours I accept that neither grlevor had to use his personal vehicle for work once at Odessa In his examination in-chief, Mr DeMarsh was asked why the grlevors were not permitted to first report to the KSTP and then 13 travel to Odessa In a company vehicle and on company time He advanced two (2 ) reasons for the position taken Firstly, Mr DeMarsh stated that such an arrangement would have led to a loss of productivity at the beginning and end of the workday In respect of the time spent travelling to and from Odessa In cross-examination, he acknowledged that as the Odessa plant was already runnlng at 7 30 a m , there was nothing specific for the grlevors to do there for the first one-half (1/2) hour of the day In order to make the facility operational He agreed that the same was true at the end of the day Mr DeMarsh emphasized, howeve r , that there was "significant work to be done" within the cluster of facilities around Odessa and that the demands required "a full eight (8 ) hours attention" Secondly, Mr DeMarsh suggested that the grievors' preference would have presented a logistical problem In terms of the deployment and availability of OCWA vehicles He suggested that on-call staff could be inconvenienced if a vehicle deployed at Odessa was parked at Kingston overnight On his analysis, if the vehicle was needed at Odessa to respond to a problem, the on-call person would have to first retrieve it from Kingston and then return to Odessa to deal with the situation Mr DeMarsh indicated that In deciding where the grlevors should report and on the method of travel they would be required to use to get there, he considered the impact on them and balanced it against the needs of all staff Mr Lewis advised that In the relevant period the deployment of 14 OCWA vehicles was as follows Kingston-three (3 ) to four (4 ) vehicles, Odessa-two (2) vehicles, Lansdowne-one (1 ) vehicle In cross-examination, he agreed that Slnce there were two (2 ) vehicles at Odessa, the on-call function would not have been adversely impacted by the grievors' use of one (1 ) of the vehicles for travel between headquarters and Odessa, and return He further agreed that day-time operations would not have been affected as Mr Nickel was the sole employee at Odessa In the period he was positioned there, while Mr Caron was one (1 ) of two (2 ) employees there between February, 1998 and May, 1999 In substance, Mr Lewis acknowledged that the grievors' use of one (1 ) of the vehicles for travel to and from Odessa would not have undermined either day-time or after-hours operations On the evidence, it seems that employees were periodically assigned to other projects In the Kingston Township area on a weekly or monthly basis prlor to the adoption of the Hub structure In 1996 After implementation of the Hub structure, rotation of employees between the varlOUS projects within the Hub became standard operating procedure Mr DeMarsh testified that he was directed by Mr Ron Gagnon, the Eastern Area Vice-President, to rotate operational and maintenance employees between projects as part of the overall hub strategy All of the witnesses presented by the Employer testified as to the benefits accrulng from the rotation of employees These benefits 15 may be summarized as follows (i) exposure of staff to the operations of all projects In the Hub would permit them to provide better serVlce when responding to problems or emergencles when on-call Mr Nickel had previously filed a grlevance relating to an on-call alarm at the Westport facility Apparently, he was then of the view that he and other employees had not received sufficient opportunity to galn experlence or training In respect of other plants within the Hub, thus making it more difficult to respond to alarms In a settlement of the grlevance dated April 29, 1997, the Employer agreed "to develop a training plan to address the requirements for staff on-call In the Kingston Hub" (Exhibit # 4) , (ii) exposure to other projects would provide employees with an opportunity to galn the requisite experlence to upgrade their certification level, and, (iii) a multi-skilled and cross-trained workforce would make OCWA more marketable In a competitive business environment and would provide greater opportunities for maintaining existing contracts as well as securlng new ones Mr DeMarsh met with staff to discuss the objectives of the rotational system It was left to Mr Lewis to devise the actual implementation schedule The deployment of Mr Nickel and Mr Caron In Odessa was part of this overall plan to rotate employees between projects for the reasons outlined above Mr Lewis observed that the rotations were for a mlnlmum period of SlX (6 ) months He stated that a maXlmum period was not discussed with staff At this juncture, I note that Mr Nickel was rotated to Odessa for approximately eleven (11 ) months and that Mr Caron worked there for about fifteen (15 ) months In cross-examination, Mr Lewis estimated 16 that it would have taken about one (1 ) month for both of the grlevors to become familiar with all of the operations at Odessa Ms Thornton testified that the Employer considered the grievors' headquarters to be the KSTP at all times material to this case She asserted that headquarters did not change for the period of the rotations here In lssue In her Vlew, the grievors' rights and entitlements were referable throughout to the KSTP Ms Thorton had previously discussed the lssue of headquarters, In the context of OCWA employees, with Ms Sandra Harper, a Job Security Officer at the Union's corporate office In the course of their discussions In January, 1997, which focused on the assignment of employees out of Parry Sound, they agreed that article 38 of the collective agreement (current article 11) was inapplicable to OPSEU members working for OCWA as all such staff attended at or worked at or from a permanent OCWA facility In the course of their duties, thereby rendering it unnecessary to designate a deemed headquarters for purposes of the collective agreement As noted at the outset, both parties have agreed that the grievors' headquarters, or permanent work location, was the KSTP Ms Thorton further testified that the Employer followed an unwritten practice whereby employees rotated to another project would only be permitted to travel In a company vehicle and on company time if the new work location was more than forty (40) kilometres from their headquarters or permanent worksite In such a scenarlO, the 17 employee would be permitted to pick up a company vehicle at their headquarters and to travel to and from the rotation site during working hours Conversely, Ms Thornton advised that if, as here, the rotation location was less than forty (40) kilometres from headquarters, the employee would be expected to report there directly for the start of the day at 7 30 a m and to remaln there till the end of the day at 4 00 P m Mr DeMarsh referenced the same practice In his evidence, however, he suggested the threshold was twenty-four (24) , and not forty (40) , kilometres This discrepancy lS immaterial In the circumstances of this case It was Ms Thornton's evidence that the Union did not take issue with the movement of employees within forty (40) kilometres Ms Thorton stated that she spoke to Ms Harper on two (2 ) occaSlons In 1997 on this subject and was informed that the Union did not object to such movement She recalled that the Union's position was premised on the fact the lssue was not addressed In the collective agreement and that, as a consequence, management possessed the right to reasslgn within forty (40) kilometres Ms Thornton documented this alleged understanding as follows In a letter to Ms Harper dated September 16, 1997 "We were of the understanding that to request an employee to report to another work location/headquarters within 40 kms was not an lssue or covered In any Article of the Collective Agreement" (Exhibit #17) In cross-examination, it was suggested to her that Ms Harper thought they had been speaking of permanent 18 movement of employees rather than of temporary rotational assignments Ms Thornton replied that if Ms Harper misunderstood the lssue being addressed, she was not aware of such misunderstanding Ms Harper was called In reply to respond to Ms Thornton's evidence Ms Harper recalled that she and Ms Thornton discussed a "what if" situation In general term s , rather than a specific situation She testified that she provided examples of where it might be possible to move an employee's worksite within forty (40) kilometres, such as the relocation of an entire office due to the expiration of a lease, a lateral transfer, or the abolition of a position Ms Harper did not remember any specific discussion about rotational assignments It was the thrust of her evidence that the Union's position today lS the same as it was In 1997, namely, that the Employer can move employees around within forty (40) kilometres of their permanent work location on a rotational basis as long as they are compensated appropriately pursuant to the requirements of the collective agreement After considering all of the evidence surrounding the exchanges between Ms Thornton and Ms Harper, I have not been persuaded that there was a shared understanding as to how management was entitled to administer rotational assignments I think it preferable, In the circumstances, to address the lssue on the basis of the relevant contractual provlslons 19 The Operator position at Odessa was formerly occupied by Mr Harold Leakey This employee had been on a leave of absence and was surplused from Odessa with the restructuring that occurred In 1996 When at Odessa, Mr Leakey worked forty (40) hours per week Ms Heather Compson performed the Operator's job at Odessa following Mr Leakey's departure She worked In the job on a full-time basis for approximately one (1 ) year Her headquarters was In Kingston The evidence discloses that Ms Compson reported directly to Odessa from her home for the start of the workday Mr Nickel subsequently replaced Ms Compson at Odessa It lS apparent that Mr Leakey, Ms Compson, Mr Nickel and Mr Caron all performed forty (40) hours of work per week while at Odessa While Ms Thornton agreed that this fact suggested the Odessa job might constitute a position, she did not consider the job as a vacancy for collective agreement purposes, such as posting From her perspective, the job at Odessa was held on a temporary basis by a serles of employees working out of the KSTP Ms Thorton conceded In cross-examination that glven the length of Mr Nickel's and Mr Caron's tenure at Odessa, the position was "hardly temporary" While lssues concernlng the application of article 6 (Posting And Filling Of Vacancies Or New Positions) and article 8 (Temporary Assignments) may arlse generally from the type of rotational assignment that occurred In this instance, it lS unnecessary In my judgment to address such lssues here Counsel for the Union, In argument, made 20 it clear that, while he referenced the articles for purposes of context, he was not submitting they had been breached In the circumstances of this case The Union asserted that Mr Nickel and Mr Caron were treated differently than other employees working In the Kingston Township Hub The evidence relied on, much of which emanated from the cross- examination of Mr Lewis, may be summarized as follows (i) Mr Tim Richardson was assigned to Odessa to complete a serles of ad hoc tasks, some of which came up on short notice He was not rotated to Odessa as were the grlevors While Mr Richardson was accorded the status of "Operator-in-training", he was not an OCWA employee Rather, he was an employee of Kelly Temporary Services Mr Lewis stated that he, nevertheless, tried to glve Mr Richardson "the same benefits as everyone else" It lS clear from a reVlew of the Statement of Travel Expenses, filed as Exhibit #12, that Mr Richardson was compensated for lunch on twelve (12 ) occaSlons while he worked at Odessa Odessa, as previously noted, lS twenty-one (21 ) kilometres from the KSTP and meals would, therefore, not ordinarily be paid for under the collective agreement Mr Lewis testified that he approved the compensation on a discretionary basis, (ii) Mr Randy Ethier was a Maintenance Mechanic with headquarters in Kingston In September, 1999, he was assigned to Odessa on eight (8 ) days These assignments were referred to as ad hoc by Mr Lewis Mr Ethier received a paid lunch on each of the aforementioned days Mr Lewis stated that he exercised his discretion In Mr Ethier's favour He advised that In so doing, he considered the nature, conditions and complexity of the job assigned, (iii) Mr Bruce Huskinson was another Operator with headquarters at Kingston He lived In the Lansdowne area Mr Huskinson was rotated to the Kingston facilities In 1996 from Lansdowne I was told that he regularly worked three (3 ) 21 days a week In Lansdowne and two (2 ) days In Kingston A Statement of Travel Expenses, filed as Exhibit #13, showed that Mr Huskinson received a lunch allowance on thirteen (13 ) occaSlons when he worked at Lansdowne In September, 1998 Mr Lewis indicated that Mr Huskinson received a paid lunch on those occaSlons as he was more than twenty-four (24 ) kilometres from his headquarters The allowance was provided notwithstanding the fact that this employee lived In Lansdowne Mr Lewis described this result as "a quirk" On the days Mr Huskinson worked In Lansdowne, he reported directly to that facility rather than first driving to Kingston to collect a company vehicle for a return trip to Lansdowne Mr Lewis believed that Mr Huskinson used his own vehicle to travel to Kingston on the days he worked there, (iv) Mr Andy McGrath was the Electrician responsible for electrical maintenance at all of the projects In the Kingston Township Hub His headquarters was the KSTP At some point, this employee was rotated to the Kingston Water Treatment Plant On the evidence, Mr McGrath picked up a company vehicle from headquarters and drove same to the Water Treatment Plant for the period of his rotation Mr Lewis asserted that this employee was treated differently from the grlevors for good reason He advised that after performing the required checks at the Water Treatment Plant, Mr McGrath would proceed to do electrical maintenance work across the Hub, as needed The company vehicle, wherein the necessary equipment was stored, was used for this purpose This vehicle was returned to the KSTP at the end of the day and would remaln there overnight for security reasons The relevant provlslons of the collective agreement read ARTICLE 2 - MANAGEMENT RIGHTS 2 1 For the purpose of this Agreement and any other Collective Agreement to which the parties are subject, the right and authority to manage the business and direct the workforce, including the right to hire and lay-off, appoint, asslgn and direct employee s, evaluate and classify positions, discipline, dismiss or suspend employees for just cause, determine organization, staffing levels, work methods, the location of the workplace, the kinds and locations of equipment, the merit system, 22 training and development and appraisal, and make reasonable rules and regulations, shall be vested exclusively In the Employer It lS agreed that these rights are subject only to the provlslons of this Agreement and any other Collective Agreement to which the parties are subject ARTICLE 11 - HEADQUARTERS 11 1 This article applies to employees who do not attend at or work at or work from any permanent ministry facility In the course of their duties, but for whom a permanent ministry facility or other place lS designated as an employee's "headquarters" for the purposes of the provlslons of this Collective Agreement and of various allowances which requlre a headquarters to be specified ARTICLE 13 - KILOMETRIC RATES 13 1 If an employee lS required to use his or her own automobile on the Employer's business the following rates shall be paid effective August 1, 1991 Kilometres Driven Southern Ontario Northern Ontario 0- 4,000km 30 cents/km 30 5 cents/km 4,001-10,700km 26 cents/km 26 5 cents/km 10,701-24,000km 22 cents/km 22 5 cents/km over 24,000km 18 cents/km 19 0 cents/km 13 2 Kilometres are accumulated on the basis of a fiscal year (April 1 to March 31, inclusive) 13 3 Attached hereto as Appendix 3 (Use of Privately Owned Automobiles) ARTICLE 14 - TIME CREDITS WHILE TRAVELLING 14 1 Employees shall be credited with all time spent In travelling outside of working hours when authorized by the ministry 14 3 When travel lS by automobile and the employee travels directly from his or her home or place of employment, time will be credited from the assigned hour of departure until he or she reaches his or her 23 destination and from the assigned hour of departure from the destination until he or she reaches his or her home or place of employment 14 6 All travelling time shall be paid at the employee's basic hourly rate or, where mutually agreed, by compensating leave ARTICLE ADM 12 - MEAL ALLOWANCE ADM 12 2 1 Cost of meals may be allowed only ADM 12 2 2 If during a normal meal period the employee lS travelling on government business other than (a) on patrol duties, except as provided under Article ADM 12 2 3, or (b) within twenty-four (24 ) kilometres of his or her assigned headquarters, or (c) within the metropolitan area in which he or she lS normally working, APPENDIX 3 - USE OF PRIVATELY OWNED AUTOMOBILES This letter will confirm the decision of Management Board of Cabinet that the use of privately owned automobiles on the Employer's business lS not a condition of employment The Union, In this instance, did not contest the right of the Employer to rotate, or asslgn, employees to a different work location within the Kingston Township Hub Counsel for the Union argued, however, that the "personalized workplace" of Mr Nickel and Mr Caron was changed In respect of the period during which they were instructed to report directly to Odessa It was his submission that this change, without any corresponding change In headquarters, triggered entitlement under the collective agreement to reimbursement 24 for mileage and travel time It was counsel's further submission that the extent of such entitlement should be measured from the grievors' headquarters which, at all material time s , remained the KSTP Counsel for the Union acknowledged that neither grievor would ordinarily be entitled to a meal allowance for lunch when working at Odessa, as that location lS within twenty-four (24 ) kilometres of their headquarters He noted, however, that Mr Richardon and Mr Ethier both received the allowance when performing similar work at Odessa Counsel suggested that there was no real distinction between ad hoc and rotational assignments On his analysis of the situation, the Employer, In the case of these other employees, had opted to for e go its strict legal right to rely on the "twenty-four (24 ) kilometre rule" He asserted that as a matter of fairness and consistency, both Mr Nickel and Mr Caron should be treated In the same fashion Counsel for the Union argued that the Employer, In effect, required the grlevors to use their privately owned automobiles on its business contrary to Appendix 3 He noted that there was no other form of public transportation to Odessa and that Mr Caron had been compelled to use vacation days when his vehicle was unavailable for the two (2 ) days mentioned earlier Counsel also submitted the evidence, surrounding the deployment of company vehicles around the Hub, demonstrated that there would have been no operational 25 difficulty In allowing the grlevors to travel in a company vehicle to and from Odessa and to leave such vehicle at Kingston overnight On his assessment, sufficient vehicles remained at all sites for on -call purposes Counsel for the Union was critical of the manner In which the Employer acted In this case He suggested that little, if any, consideration was glven to the grievors' preferences or personal considerations He referred, In particular, to Mr Nickel who had structured his personal life around his headquarters in Kingston, In the sense that his wife's employment and his child's/children's' day care arrangements were located there Counsel referenced the . . experienced by this of having lnconvenlence grlevor as a consequence to take his family to Kingston and then return back to Odessa for the 7 30 start of the work day Similar . . his a m lnconvenlence, In judgment, was experienced at the end of the day when the travel was reversed I was asked to find that there would have been little impact on the Employer's operations had the grievors been permitted to arrlve at Odessa at 7 45 a m and to leave there at 3 45 P m The Union asked for the following by way of remedy (i) a finding that the Employer had violated the collective agreement, (ii) an order that the Employer adhere to the collective agreement and cease the contested practice, (iii) an order that the Employer reimburse the grlevors for the additional mileage and travel time resulting from the rotational assignments In Odessa, (iv) an order 26 that the grlevors be reimbursed by way of a meal allowance for lunch for the period they were at Odessa, (v) an order that interest be paid on all amounts found oWlng, and (vi) an order to rectify the Employer's lmproper requirement that Mr Caron use vacation days when unable to travel to Odessa in his personal vehicle The Union relied on the following awards In support of its position OPSEU (MacIntosh) and Ministry of Natural Resources, 2587/96 (Gray) , OPSEU (Union Grievance) and Ontario Clean Water Agency, 263/98 (Abramsky) Counsel for the Employer emphasized that prior to the rotation to Odessa, Mr Nickel commuted thirty-five (35 ) kilometres from his residence to Kingston She noted that subsequent to May, 1997, Mr Nickel only had to travel fourteen (14 ) kilometres from his residence to Odessa From her perspective, his commute was, therefore, shortened in terms of both distance and time Counsel suggested that Mr Nickel continued to drive to Kingston for reasons related to personal choice and convenlence It was her submission that the Employer should not have to pay this grlevor for "doubling back" to Odessa Indeed, she argued that Mr Nickel's wife could have dropped him off on her way to Kingston and picked him up on the way home Simply stated, it was the Employer's position that as the location of Mrs Nickel's workplace and the child care arrangements were outside of its control, and beyond the purvlew of the collective agreement, it should not be responsible for compensating Mr Nickel for travel 27 related thereto Counsel for the Employer stressed that the additional five (5 ) kilometres travelled by Mr Caron to get to Odessa was not significant She advanced the same argument In respect of the additional time spent by this grlevor to travel from his residence to Odessa This difference was estimated as between seven (7 ) and sixteen (16 ) minutes, each way Counsel for the Employer argued that when these grlevors were travelling to Odessa they were, In substance, commuting to the work location, just as they did when they reported to Kingston In her submission, the grlevors were not on the Employer's business when engaged In this commute and, accordingly, were not entitled to be paid for either kilometres or time In the alternative, counsel suggested that only the differential In distance and time should be awarded On her analysis, this would only benefit Mr Caron, as Mr Nickel had a shorter commute after being ordered to report directly to Odessa It was the Employer's further position that neither grlevor was entitled to a meal allowance for lunch for the period they worked out of Odessa This position was premised on the fact Odessa lS within twenty-four (24 ) kilometres of the KSTP and that, as a result, there lS no contractual foundation for awarding the benefit sought Counsel also observed that Mr Richardson was not an OCWA employee and that Mr Ethier was a Maintenance Mechanic whose entire job 28 consisted of numerous ad hoc trips to varlous projects In summary, counsel suggested that these different circumstances supported the varlance In approach She lastly noted that neither grlevor submitted expense claims for the lunches now claimed In this proceeding Counsel for the Employer disputed the Union's assertion that Appendix 3 was violated when the grlevors were asked to report to Odessa through use of their own personal vehicle In her submission, both grievors had a duty to show up at work regardless of whether the worksite was located In Kingston or Odessa She stated it was material that Mr Nickel and Mr Caron had access to company vehicles once they arrived at Odessa Counsel suggested that the provision of such a vehicle for ad hoc trips was the extent of the Employer's obligation under Appendix 3 She rejected the grievors' claim that they were entitled to be provided with a company vehicle for purposes of getting to Odessa In this regard, counsel referenced the Position Specification and Class Allocation form for the Operator position That form contemplates that Operators, such as these grlevors, may be called upon to work at all of the projects across the Kingston Township Hub For all of the above reasons, counsel for the Employer asked that both grievances be dismissed In the alternative, she submitted that the difference In distance and time referable to the rotation should be paid only to Mr Caron on the grounds indicated above The 29 Employer relied on the following awards OPSEU (Williamson et al ) and Ministry of Transportation and Communications, 187/81 et al (Barton) , OPSEU (Ross) and Ministry of Transportation and Communications, 145/82 (Jolliffe) , OPSEU (Beaton) and Ministry of Natural Resources, 1392/88 (Samuels) , OPSEU (Vernon) and Ministry of Transportation, 1485/86 (Watters) , OPSEU (Kosnaskie) and Ministry of Revenue, 2116/87 (Kates) , OPSEU (Elliot) and Ministry of Labour, 1544/89 (Dissanayake) , OPSEU (Pool) and Ministry of Correctional Services, 596/83 (Roberts) , OPSEU (Gonzalez) and Ministry of Correctional Services, 1782/93 (Kaplan) , OPSEU (Muscatello) and Ministry of Correctional Services, 762/83 (Brent) The parties agree that article 11 of the collective agreement lS inapplicable to this dispute as the grlevors had a real, in contrast to a designated, headquarters at the KSTP In the language of article 11 1, the grlevors attended at or worked at or from a permanent OCWA facility In the course of their duties In Beaton, headquarters was defined as "where the employee works, or the employer's facility which lS used as the employer's base of operations" (page 6 ) In MacIntosh, headquarters was described as "the location at which he or she ordinarily performs the work of the position to which he or she has been appointed" (page s 5-6 ) The excerpts from these two (2 ) awards accurately depict the link between the grlevors and the work location at the KSTP The parties further agree that the grievors' headquarters was not 30 changed by the rotational assignment to Odessa I note the following observation, as found at page 8, In the MacIntosh award "An employee's headquarters location does not change merely because the employer temporarily requlres him or her to work at some distance from the headquarters location associated with his or her position This lS so even if the work performed away from headquarters lS the same as the work the employee performs at headquarters If (it) were otherwise, prOVlSlons with respect to travel, accommodation and meal expenses which become payable when an employee lS required to work at a distance from his or her headquarters would be meaningless " It lS clear from the evidence that Mr Nickel and Mr Caron were both hired into the KSTP and were told that it would serve as their headquarters The grlevors worked out of that facility for a number of years prlor to the events glvlng rlse to this dispute While they would periodically work at other projects In the Kingston Township Hub, as contemplated In their position description, their home base was always the KSTP I find it understandable In the circumstances why Mr Nickel would structure and organlze certain aspects of his personal life around Kingston While, to a certain extent, this may have been a matter of personal choice and convenlence, the selection of that location was predicated In large measure on the Employer's decision to make the KSTP the headquarters for his position Before turning to the specific circumstances of this case, I make the following general observations with respect to the concept of headquarters (i) a headquarters location lS the base at or from which employees perform their work Employees, unless 31 otherwise agreed or directed, are normally expected to report to headquarters at the start of their work day, (ii) employees are further expected to commute to and from work on their own time and by whatever means of personal transportation they select In the ordinary course, the Employer lS not responsible to compensate employees for the distance or time involved In such travel Nor lS the Employer required to provide a vehicle to facilitate the commute In a sense, the concept of headquarters lS a neutral or objective standard glven that it excludes consideration of the location of an employee's residence, a matter which lS obviously totally outside of the Employer's control, (iii) if after reporting to headquarters, an employee travels to a different work location, he or she may be entitled to claim contractual allowances for kilometres travelled in his or her own vehicle and for meals In both instances, the employee must be on the Employer's business and must otherwise satisfy the specific requirements of the allowance provlslons If travel lS outside of working hours, the employee may also be entitled to claim time credits In respect of same In each instance, and subject to a contrary indication In the collective agreement, the eligibility for, and the extent of entitlement, lS referable to, and calculated from, the headquarters location In my judgment, this approach lS equally applicable to a situation where, as here, the employee lS instructed to report directly to another work site without first attending at headqua rters, (iv) as noted, Appendix 3 provides that the use of privately owned automobiles on the Employer's business lS not a condition of employment The fact an employee lS required to commute to headquarters by car does not infringe this prOVlSlon as such commute lS not part of the Employer's business On my reading, Appendix 3 would be contravened if the Employer insisted that an employee use their private vehicle to travel to work sites other than their headquarters or to engage In the type of ad hoc trips referenced earlier In this award If an employee agrees to use their personal vehicles for these purposes, he or she lS clearly entitled to claim for the kilometres travelled As stated previously, this Employer deployed OCWA 32 vehicles at Kingston, Odessa and Lansdowne for use by employees on ad hoc trips On the evidence, prlor to Ma y , 1997, Mr Nickel commuted thirty- five (35 ) kilometres from his residence In Morven to the KSTP Including the return trip at the end of the day, he drove his own vehicle a total of seventy (70 ) kilometres After the aforementioned date, Mr Nickel's commute to Odessa, Vla Kingston, totalled fifty- SlX (56) kilometres each way In total, he was required to operate his vehicle an additional forty-two (42) kilometres each day This represents the distance of a return trip between headquarters and Odessa Prior to February, 1998, Mr Caron commuted nine (9 ) kilometres from his residence to the KSTP Including the return trip at the end of the day, he drove his vehicle a total of eighteen (18 ) kilometres After the aforementioned date, Mr Caron's commute to Odessa from his residence totalled fourteen (14 ) kilometres each way In total, this grlevor was required to operate his vehicle an additional ten (10 ) kilometres each day It lS apparent that both Mr Nickel and Mr Caron travelled the additional kilometres, as calculated above, outside of working hours This was the direct result of the Employer's direction that they be at Odessa at 7 30 a m and remain there until the end of the work day at 4 00 P m I have not been persuaded that the grievors' claim for kilometres 33 and time can be determined on the basis of the Employer's "Forty ( 40) Kilometre Rule" , as described by Ms Thornton Firstly, I note that it lS an unwritten practice During the course of the hearing, the Employer did not seek to explain how or why it was developed, nor how such practice meshed with other prOVlSlons found In the collective agreement Equally as significant, I note that it has been applied In an inconsistent fashion as Mr Nickel, himsel f, was permitted to travel to and from Odessa In the period February to May, 1997 In a company vehicle and on company time The difficulty with the practice lS that it forces an employee to shoulder all of the extra mileage costs and travel time when the work location lS moved less than forty (40) kilometres away from headquarters at the Employer's initiative This result would seem inconsistent with the basic concept of headquarters, as canvassed above, and creates a threshold for entitlement under articles 13 and 14 which lS not contained within the articles themselves After considerable thought, I conclude that the Employer must compensate Mr Nickel for the extra kilometres he was required to travel each day and for the additional time spent In that travel I cannot accept the approach advanced by the Employer as it would, In effect, treat the grievor's headquarters as Odessa for the period of the rotational assignment and would 19nore the fact that his headquarters remained the KSTP at all material times I find it more appropriate to calculate and measure Mr Nickel's entitlement from 34 his actual headquarters, as his primary obligation was to report to work there While it lS possible that another employee living near Napanee might welcome a direct commute to Odessa because of the lesser distance and travel involved, that option was not open to this grlevor As stated previously, he was required to first travel to Kingston, before proceeding to Odessa, because of family commitments undertaken as a consequence of the location of his headquarters I do not see it as an unfair burden to requlre the Employer to compensate Mr Nickel for the Kingston-Odessa-Kingston segment of his travel, as it was the Employer's initiative to have him report to a location other than his headquarters I exclude from the obligation to compensate any days on which Mr Nickel agreed with the Employer to report directly to Odessa I reach the same conclusion In respect of Mr Caron More specifically, I find that the Employer must compensate him for the extra kilometres he was required to travel each day and for the time spent In that travel While entitlement would ordinarily be measured from headquarters, the calculations referred to previously in respect of Mr Caron's travel from home represent the actual distance travelled and the time devoted to such travel I note from article 14 3 that, In certain circumstances, travel directly from an employee's home lS contemplated In my judgment, this lS a reasonable approach to adopt In fashioning a remedy for Mr Caron This type of calculation would not be appropriate In respect of Mr Nickel as 35 Morven to Odessa was not the actual route taken for the reasons expressed above which I have found to be legitimate As stated previously, prlor to the events glvlng rlse to these grlevances, Mr Nickel and Mr Caron were expected to report to their headquarters at the KSTP for the start of the work day As a consequence of a decision taken by the Employer for business reasons, they were instead directed to report to Odessa In this factual context, I think that the grlevors were on the Employer's business when travelling to the rotation location In my judgment, the Employer was not at liberty to unilaterally lncrease their travel time without providing time credit for travel This award will serve to compensate the grlevors for the extra distance and time incurred as a consequence of the Employer's decision to rotate them to Odessa At the same time, it factors out of the calculation the distance and time involved In their regular commute to Kingston On a plain reading of the collective agreement, the grievors were not entitled to a meal allowance In respect of lunches taken while at Odessa This results from the fact that Odessa was within twenty- four (24) kilometres of their assigned headquarters at the KSTP Given this fact, there lS no contractual foundation for the claim The Union, instead, relies on evidence that certain other persons, most notably Mr Richardson and Mr Ethier, received meals while working at Odessa On my assessment, this evidence does not support the grant of a benefit to the grlevors It lS material, In my 36 judgment, that Mr Richardson was not an OCWA employee at the time and that Mr Ethier, a Maintenance Mechanic, was not on an extended rotation while at Odessa but, rather, was there on a series of ad hoc trips While this Vice-Chair might not have exercised discretion as Mr Lewis did, I am not in the circumstances prepared to second guess his decisions and am even more reluctant to determine that he bound the Employer to provide these grlevors with a benefit to which they were not entitled under the collective agreement The Union asked that I rectify the consequences of the Employer's requirement that Mr Caron take vacation or sick days when his vehicle was being repaired and thereby unavailable for travel to Odessa I decline to order the relief sought On my reading, Mr Caron's grlevance of January 19, 1998 focused on the directive issued by the Employer which allegedly changed his legal headquarters contrary to the collective agreement In my view, the requirement to use vacation or sick time which occurred some three (3 ) months later was a distinct matter that could have been the subject of a separate grlevance I think it would be wrong to address this lssue for the first time In this proceeding, some two (2 ) years after the fact As indicated above, the parties referred to a large number of prlor awards In support of their respective submissions Both counsel readily acknowledged that the circumstances of this case were somewhat novel and had not been squarely addressed by past jurisprudence 37 Of all of the awards cited, Muscatello bears the closest resemblance to the instant case The grlevor In that matter was a Probation Officer whose headquarters was the Brampton Parole Office The grlevor resided approximately three (3 ) kilometres from his office In October, 1983, the grlevor was assigned to the Mimico Correctional Centre The award describes the purpose of the assignment In the following terms "the assignment was temporary and for the specific purpose of staff development, that l s, to educate him In other aspects of the job for the benefit of both himself and the Employer" (page 10 ) This developmental assignment lasted for SlX (6 ) months The grievor's headquarters was changed to Mimico for the duration of the assignment On the evidence, the change in the grievor's headquarters caused him to travel an extra forty-eight (48) kilometres a day in terms of the commute to and from work Additionally, the commute took him forty-five (45 ) minutes of driving time each way The grlevor commuted on his own time and In his own vehicle As In the present case, there was no public transportation between the grievor's residence and the new work site The grlevor filed an expense sheet for the month of October, 1983 claiming mileage between his home and Mimico, and lunches for each day at Mimico The grlevance was filed when these claims were refused The grlevance requested the following relief (1 ) mileage from the grievor's residence to the Mimico Correctional Centre, (2 ) meal allowance, and (3) travel time 38 to and from the developmental assignment The Board found that in travelling to and from the developmental assignment, the grlevor was required to use his own automobile on the Employer's business In reaching this conclusion, the Board referenced the following facts (i) the absence of public transportation, (ii) the grlevor was allowed to work at the Brampton Office on days when his automobile was not operating, and (iii) In the circumstances of a developmental assignment of temporary duration, it would have been impractical and unreasonable for the grlevor to relocate The Board, therefore, determined that the grlevor should be paid mileage under the former equivalent of current article 13 In respect of the difference between what the grlevor "would normally have to drive to work in Brampton and what he had to drive to work in Mimico" (page 13) It lS clear from a review of the award that in reaching the above decision the Board considered that the Employer had assumed an obligation to treat employees fairly and equitably In the administration of travel expense claims This obligation was implied from certain sections of the Ontario Manual of Administration On this point, the award states " By designating Mimico as the grievor's headquarters and refusing to honour claims for travel expenses between his home and Mimico, the Employer was In effect placing on the grlevor all of the financial burden which would be incurred at its request for his development as a Probation Officer In its serVlce In our Vlew such a result under the circumstances of this case would not be fair and 39 equitable to the grievor when travel and living expenses can be allowable expenses for staff development courses In other words, we do not consider that it lS necessarily fair and equitable to allow the Employer to defeat any obligation which it may have to pay for travel expenses In connection with internal staff development assignments by means of re-designating an employee's headquarters" (page 11) No reference was made In the case now before me to the Ontario Manual of Administration or to any other similar policy I nevertheless consider the broader reasonlng expressed In Muscatello to be consistent with the approach I have elected to take in this instance If legitimate travel expenses cannot be avoided by a redesignation of headquarters, surely they must be recognized in a situation where the headquarters remalns unchanged In the context of a direction to report elsewhere The Board in Muscatello denied the grievor's request for a meal allowance and travel time It denied the former on the basis that the grievor's assigned headquarters for the period was Mimico and he was normally working there for the period In question As In the present case, that grlevor was therefore not entitled to the meal allowance provided under the collective agreement The Board denied the claim for travel time on the basis that such time was spent commuting between the grievor's residence and the new headquarters In this regard, the award states "We do not consider that Article 23 1 (now article 14 1) was intended to compensate employees for such time, but rather that it was intended to deal with travelling other 40 than that between home and headquarters" (page 13) The facts In Muscatello are distinguishable as the present Employer did not change the headquarters of either Mr Nickel or Mr Caron When travelling to Odessa, these employees were clearly "travelling other than that between home and headquarters" As a result, I do not consider that the award in Muscatello assists the Employer on the lssue of travel time In my judgment, the Employer was entitled to rotate employees to the varlOUS projects in the Kingston Township Hub pursuant to the management rights contained In article 2 1 of the collective agreement That article, inter alias, vests In the Employer the right to asslgn and direct employees and to determine the location of the workplace I have no doubt that the rotational assignments were taken for sound business purposes and were designed to promote the legitimate interests of OCWA The thrust of this award lS that the exerClse of this right was subject to other applicable provisions of the collective agreement, namely, articles 13 and 14 and Appendix 3 Such exercise also demanded that the Employer consider the impact of the grievors' headquarters being located in Kingston Ultimately, I have found that the Employer must compensate Mr Nickel and Mr Caron for the extra kilometres travelled and for the additional time spent In such travel I have also been persuaded that the Employer's insistence they use their own vehicles to travel to a worksite other than their headquarters amounted to a violation of Appendix 3 The 41 grievors' use of their vehicles for this purpose provides further support for the decision to compensate them for the extra kilometres travelled On the evidence, I am satisfied that the Employer could have provided a company vehicle to these grlevors for travel to and from Odessa without any prejudicial effect on its operations Had that been done, the Employer obviously would not have been responsible for mileage If Mr Nickel had been offered the use of a company vehicle to travel from his residence to Odessa and return, it would have eliminated the need for him to first stop at Kingston before proceeding to the work location Such a step might have set the foundation for an agreement on the lssue of travel time I ralse this possibility as, . . there were several alternate ways In my Vlew, In which entitlement could have been addressed by the parties so as to avoid the need for SlX (6 ) days of hearings I encourage the parties to consider the negotiation of a protocol In respect of these rotational assignments to better serve their respective interests For all of the above reasons, I find that the Employer violated the collective agreement and order that the grlevors be reimbursed for the extra kilometres travelled and the additional time spent In such travel Mr Nickel lS not to be compensated for the days on which he agreed to report directly to Odessa The grlevors are entitled to an award of interest on all monies oWlng The claim for 42 meal allowance lS denied, as lS Mr Caron's request surrounding his use of two (2 ) vacation days I remaln seized to deal with any lssues relating to the implementation of this award Dated at Windsor, Ontario this 22111 day of August, 2000 -- - , '~,: ~I ~'7<~~~11~h::~~j!~;:J I. ..')". r.!~.-- . Michael V Watters, Vice-Chair