The union referred two grievances to the Ontario Labour Relations Board alleging that the employers violated the provincial collective agreement by refusing to pay a $70.00 per diem travel allowance to employees working in a designated geographic zone.
The employers argued that the allowance was only payable if employees incurred overnight accommodation expenses, and that they could require proof of actual expenses.
The Board held that the plain language of the collective agreement entitled employees to the allowance whenever they worked a day in the zone, regardless of whether they incurred accommodation expenses.
The agreement only permitted a reduction in the allowance if the employer and the union agreed.
The grievances were allowed.
