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

Decision

1Mr. 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….

2The 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.

3The 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.

4The 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.

5Having 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.