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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